The Ethiopian Media Law with Particular Reference to The Broadcasting Proclamation No. 178/1999
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Date
2006-01
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Addis Ababa University
Abstract
Freedom of expression devoid of any interference has been guaranteed to all by the Ethiopian
Constitution. Rights of expression include the “freedom to seek, receive and impart
information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in
the form of art, or though any media of [her]/his choice” (Article 29 (2)).
In an effort to reconcile certain imperatives of public interest, however, the Constitution
stipulates that some limitations may be imposed on freedom of expression (Article 29 (6)).
However, the article further stipulates interference on such freedom is allowed only if there is
a law which authorizes it, and it requires that such law cannot limit expression on account of
content or point of view expressed.
This study attempts to examine critically the constitutionality of the Ethiopian Broadcasting
Proclamation (EBP), through comparing it to literature on freedom of expression, and the
principles of regulating broadcasting in regional, national and international legal frameworks
within which the media in Ethiopia operates.
A close examination of the EBP apparently enacted in accordance with and for the realization
of Article 29 of the Constitution, reveals that the conditions of limitation are not observed as
they should be. The study critically analyzes the consistency of the EBP in accordance with the
provisions of the Constitution, and identifies some contradictory and inconsistent clauses that
enforce undue limitation on freedom of expression.
The limitation clauses under EBP include: blanket prohibition of religious and political parties,
content restrictions, arbitrary revocation and confiscation, undue interventions on sponsored
programs and media operations. Some recommendations are put forward in the final part of the
study so that the EBP could play a role in the promotion of freedom of expression in the
country.
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Ethiopian Media Law