COMPLIANCE

1
COMPLIANCE

• A PRESENTATION BY JAMES CHIMERA DIRECTOR OF
  BROADCASTING- BROADCASTERS WORKSHOP -MANGOCHI

2
MANDATE

• Section 54 of the Communications Act mandates
  MACRA to monitor compliance with the terms and
  conditions of broadcasting licences
• The same section also gives the Authority powers
  to hold public hearings on any matter relating to
  the monitoring and enforcement of broadcasting
  licences

3
LICENCE CONDITIONS AND COMPLIANCE

• Broadcasting licences have conditions which
  broadcasters need to comply with, some of them
  are
• Payment of licence fees every year
• Submission of Editorial Policies
• Permission from the Authority to broadcast
  foreign programmes
• A return of advertising at the end of financial
  year

4
PAYMENT OF LICENCE FEES

• It is an obligation by the licensee to pay
  stipulated licence fees
• A licence becomes operational once it is gazetted
• The gazetting date is called Effective Date
• Licence fees is payable on every anniversary of
  the Effective Date

5
SUBMISSION OF EDITORIAL POLICIES

• Section 10.9 of broadcasting licence demands a
  broadcaster to devise an editorial policy and
  submit to the authority within (90) days fro the
  Effective Date
• Editorial policy helps the Authority to make
  professional advice whenever the station goes
  contrary to the provisions of the licence and the
  Act

6
COMPLAINTS HANDLING

• A licensee is required to appoint a competent
  person to handle complaints
• The Authority is also supposed to be furnished in
  writing about the complaints
• The Licensee shall broadcast information to the
  public on how to lodge complaints about its
  programming
• The Licensee shall annually submit to the
  authority a written report on all complaints
  received

7
CONTRACTS WITH FOREIGN BROADCASTERS

• Broadcasters may enter into contracts with
  foreign broadcasters
• Such contracts shall be subject to prior
  consultation with the Authority and SHALL not be
  implemented without notifying the Authority
• The Licensee shall not syndicate, relay or
  re-broadcast any programme material from any
  source or station other than from the Licensee
  itself without prior written authorization of the
  Authority

8
RECORDS OF BROADCAST PROGRAMMES

• Section 10.8 of broadcasting licence demands a
  broadcaster to keep record of all broadcast
  programmes in an unedited version
• The records shall be kept and maintained for a
  period of not less than fourty-five days
• The Authority reserves the right to request the
  recordings at any time

9
ADVERTISING

• The Licensee shall furnish to the Authority a
  return covering all advertising broadcast during
  the preceding financial year, the total minutes
  or hours of such advertising and the total
  revenues realised
• The Authority shall review and keep under review
  the charges and fees that the Licensee shall
  charge for advertising

10
WAY FORWARD

• MACRA is currently formulating audit forms to
  monitor compliance of broadcasters with licence
  conditions
• The forms shall be sent to all broadcasters
  according to the conditions stipulated in their
  licence

11
END!!!!