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9 December 2016

Malawi Government Gazette dated 2016-12-09 number 57

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                            THE MALAWI GOVERNMENT GAZETTE
                                                        (Published by Authority)
                      3,369: Vol. LUI No. 57]                                                    Zomba, 9th December, 2016

                      Registered at the GP.O. as a Newspaper                                                    Price: K500.00

                                                     CONTENTS                            Page


                                  MACRA—Publication of fine to Zodiak Radio           309-310




General Notice No. 106




                   MALAWI COMMUNICATIONS REGULATORY AUTHORITY


     PUBLICATION OF FINE AND ORDER OF THE MALAWI COMMUNICATIONS REGULATORY
     AUTHORITY ON BREACH OF LICENCE CONDITIONS AND THE COMMUNICATIONS ACT BY
                                           ZODIAK BROADCASTING STATION

                                              (Section 54(5) Communications Act)



1.    The Malawi Communications Regulatory Authority (the Authority) hereby confirms the findings published on
      1st November 2016 on breach of licence terms and conditions and the Communications Act by Zodiak Broadcasting
      Station.



2.    In August, 2016, Zodiak Broadcasting Station (Zodiak) broadcast an interview with Honourable Kamlepo Kalua MP
      seeking his reaction on the State President's 24 hour ultimatum for Hon. Kalua to provide the names of cabinet ministers
      allegedly involved in the cash-gate scandal.


3.    During the interview Hon. Kalua digressed and alleged that former President of the Republic, late Bingu wa Mutharika
      (and the Democratic Progressive Party administration) killed Robert Chasowa and that former President of the Republic,
      Bakili Muluzi (and the United Democratic Front administration) killed Fanikiso Phiri and Evison Matafale. The
      Authority found the broadcast by Zodiak to be in breach of its broadcasting licence and the Communications Act.



4.    The licence requires Zodiak to comply with the Code of Conduct for Broadcasters contained in the Third Schedule to
      the Communications Act.


5.    Section 5 of the Code of Conduct requires Broadcasters, when presenting a controversial issue of public importance, to
      make reasonable efforts to present differing points of view in the same programme or in a subsequent programme within
      a reasonable period of time and in substantially the same time slot. The Authority has found that Zodiak did not afford
      the Democratic Progressive Party an opportunity to respond to the allegations by Hon. Kalua within a reasonable time
      and in substantially the same time slot of the original broadcast. Zodiak therefore failed to comply with the requirements
      of section 5 of the Code.


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