MALAWI - REGULATOR TRYS TO PULL THE PLUG ON MULUZI-OWNED

UNCLAS LILONGWE 000620 SENSITIVE SIPDIS STATE FOR AF/S - E. PELLETREAU STATE ALSO FOR AF/PDPA - L. ALLISON MCC FOR DIEDRA FAIR E.O. 12958: N/A TAGS: PGOV KDEM MI SUBJECT: MALAWI - REGULATOR TRYS TO PULL THE PLUG ON MULUZI-OWNED JOY RADIO ¶1. (SBU) Summary: The Malawi Communications Regulatory Authority (MACRA) revoked the broadcasting license for privately owned and pro-opposition Joy Radio on October 17, effectively closing it down. MACRA argued that the station's ownership was transferred illegally to former President Bakili Muluzi's family in violation of the Communications Act, which prohibits politicians from owning broadcasters. Joy Radio obtained an injunction allowing it temporarily back on the air until a hearing can be held. Media and civil society groups condemned MACRA's actions as unfair, pointing out that MACRA has failed to deal with the government's monopolization of the state broadcasters. Comment: Even if the courts ultimately validate MACRA's shutdown of Joy Radio, most Malawians will view the action as politically motivated. Moreover, the move will provide further ammunition for opposition claims that the upcoming elections will not be free or fair. End Summary. ¶2. (U) On October 17, the Malawi Communications Regulatory Authority (MACRA) revoked the broadcasting license for privately owned and pro-opposition Joy Radio, effectively closing it down. MACRA cited three reasons for the closure: 1) transfer of the station's ownership without notification to MACRA; 2) ownership by politicians, in violation of the Communications Act; and, 3) broadcasting of content not compliant with the provisions of the broadcasting license. Joy Radio challenged MACRA's decision before the Malawi High Court, which subsequently issued an injunction restraining MACRA from revoking the license. On Sunday, October 19, Joy Radio resumed broadcasting pending a judicial review of the regulatory body's actions. MACRA responded by saying it would challenge the injunction. ¶3. (SBU) Public condemnation of MACRA's move was strong. Innocent Chitosi, Director of the Malawi chapter of the Media Institute of Southern Africa (NAMISA) described MACRA's action as "unfair, unfortunate and unprofessional." Reverend Mc Donald Sembereka, Chairman of the Council for Non-Governmental Organizations of Malawi (CONGOMA),agreed publicly with NAMISA's stance, accusing the regulatory body of selectively applying the legislation on Joy Radio "while turning a blind eye on state-owned broadcasters' (Malawi Broadcasting Corporation and Television Malawi) unprofessional conduct." ¶4. (SBU) Actual ownership of Joy Radio is difficult to verify. Joy Radio Limited was established in 2002, soon after which Multi-Media Communications Property Limited and Rashid Nembo, a close business associate of former President and opposition United Democratic Front (UDF) leader Bakili Muluzi, acquired a controlling interest. Multi-Media Communications Property Limited was first incorporated in Lesotho in 1999 and later incorporated in Malawi in 2002. Following Multi-Media Communications' acquisition, Joy Radio Limited registered with MACRA, applied for, and obtained its broadcasting license. MACRA now claims that the station's ownership has been transferred to Atupele Properties, a Malawian firm owned by Atupele Muluzi, Member of Parliament and son of the former President. Joy Radio contends that ownership continues to rest with Multi-Media Communications. Comment: Regardless of the actual ownership, control of the station's programming effectively resides with Muluzi. End Comment. ¶5. (SBU) Comment: The Media Council of Malawi, a professional association established with USG support in 2007, appeared to make progress in September regarding the dispute between the government and Joy Radio, getting both Malawi Broadcasting Corporation (MBC) and Joy Radio to remove biased programs that might incite violence from the airwaves. However, neither MACRA nor Minister of Information Patricia Kaliati was involved in the mediation. With presidential and parliamentary elections in May 2009, the permanent shut down of Joy Radio would rob the UDF of its most prominent mouth piece. Even if MACRA legally can pull Joy's license, the timing of the event will lead most to believe it was nothing more than a politically motivated act. Furthermore, a shut down will give the UDF more ammunition for its claims that the upcoming elections cannot possibly be free and fair due to the governing Democratic Progressive Party's monopolization of the state broadcasters. BODDE# UNCLASSIFIED 2 UNCLASSIFIED UNCLASSIFIED