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Somalia’s Media Laws Need Overhaul to Guarantee Freedom of Expression

A comprehensive review of Somalia’s media laws is necessary to ensure the country’s broadcasting sector operates independently and transparently, guaranteeing freedom of expression.

Current State of Media Laws

The current media laws are overly restrictive, allowing for government control over the establishment of media outlets and imposing stringent constraints on media output. This threatens serious sanctions for those who breach these rules.

International Standards for Broadcasting

According to international standards, broadcasting should be subject to regulatory oversight by an independent regulator protected from political and commercial interference. To achieve this, the National Media Council (NMC) established in the Media Law needs to operate independently, with its appointments process amended to enhance its independence.

Recommendations

  • The Minister’s role in the NMC appointments process should be removed or limited.
  • Broadcasting standards should be developed in line with international standards.
  • Rules on media output need to be substantially amended to protect only legitimate interests recognized under international law.
  • The print media should be given the opportunity to develop a self-regulatory system for content.

Protection of Journalists

The laws also need to ensure that journalists are protected from interference and can operate freely without fear of prosecution or harassment. This includes guaranteeing their right to protect confidential sources.

Recommendations

  • Public representatives should be included in the NMC’s membership to bring in diverse perspectives.
  • Civil society organizations should have a say in shaping public policy towards the media.
  • A series of conferences, workshops, and meetings should be held in Mogadishu and elsewhere to solicit broad stakeholder input into the legal framework.

Regulatory System for Broadcasting

The regulatory system for broadcasting also needs to be overhauled to guarantee independence and transparency. International standards require bodies that regulate the media to be independent, recognized as being the most effective, democratic, and economically viable model for governance of broadcast media and telecommunications.

Conclusion

Somalia’s media laws need a comprehensive review to ensure freedom of expression, independence of broadcasting, and protection of journalists’ rights. The country needs to adopt international standards and best practices in regulating its media sector to promote democracy, economic development, and free and fair elections.