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II. Recommendations
- Decriminalize defamation in both the press law and the Criminal Code (Código Penal) through repeal or amendment of the relevant provisions.
- Enact without delay all the necessary implementing laws and regulations of the new press law, in consultation with media professional associations and broader civil society organizations.
- Ensure that such laws and regulations are in accordance with international human rights law and standards regarding freedom of expression and information, including the Johannesburg Principles on National Security, Freedom of Expression and Access to Information; the Siracusa Principles on Derogations from the ICCPR; the Declaration on Freedom of Expression in Africa; and the Principles on Freedom of Information Legislation.
In particular, implementing laws and regulations should:
- Include clear administrative and judicial procedures for parties to challenge legal decisions on, and seek remedies for abuse of, limitations to freedom of press.
- Establish fair and transparent licensing procedures for both private radio and TV broadcasters, including possible transitional arrangements for those already operating, and to ensure supervision of the licensing process by an independent body.
- Ensure that public service broadcasters are protected against political or economic interference, their editorial independence is guaranteed, and that they are accountable to the public and not the government, though measures such as the establishment of an independent governing board, annual activity reports to the legislature and civil society, and regular external audits.
- Ensure that the National Council on Media Communication (Conselho Nacional da Comunicação Social) is independent and protected from interference of any kind and that its members are appointed through a transparent process with the participation of civil society and independently of political parties.
- Ensure that the Journalists’ Statute (Estatuto do Jornalista) is drafted in consultation with, and full involvement of, journalists’ associations.
- Take measures to enable the independent functioning of the Commission on the Press Card and Ethics (Comissão da Carteira e Ética), such as approving implementing laws and regulations on the CNCS (detailing its composition, competences, and functioning) to ensure that its role in relation to the Commission is limited to administrative support as envisaged in the press law.
- Create clear procedures for the establishment and operation of community radios and encourage the free circulation of information throughout the country. In particular, the Angolan government should consider measures such as lowering taxes on printing paper and facilitating transportation of private newspapers to the provinces outside Luanda.
- Extend an invitation to the African Commission on Human and Peoples’ Rights to assess media laws and freedom of expression in Angola in advance of upcoming national elections.
- Formulate, adopt and promote the implementation of the Journalists’ Code of Ethics (Código Deontológico).
- Request the government of Angola to include information on legislative, regulatory, and other measures taken to implement the press law in Angola’s pending report to the Committee under article 40 of the International Covenant on Civil and Political Rights.
- Seek an invitation from the Angolan Government to visit the country and assess the media laws and freedom of expression in advance of upcoming national elections.
November 2006
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