On 25 January 2000, the Namibian government amended the Namibia Film Commission Bill to bring it in line with acceptable norms of freedom of expression and information. Among the amendments made to the bill before it was tabled and passed by the National Assembly on 25 January, was to change the ambit of the bill. […]
On 25 January 2000, the Namibian government amended the Namibia Film Commission Bill to bring it in line with acceptable norms of freedom of expression and information.
Among the amendments made to the bill before it was tabled and passed by the National Assembly on 25 January, was to change the ambit of the bill. Previously the bill defined “film” as “any sequence of visual images recorded on material of any description, which includes, but is not limited to, audio-visual productions such as cinematographic film, video, television and interactive materials”. A clause has now been added to the effect that this definition “does not include any production being a report on news or current affairs.”
The bill has also been amended in a way that prevents the Film Commission, which will approve all applications from foreign film makers, from rejecting an application purely on the basis of content. The amended clause in this regard (Clause 20.5.b.ii) states that “an application may not be refused merely on account of the content of the proposed film production, except if such content will be contrary to any of the fundamental rights enshrined in the Namibian Constitution or in violation of any other law.”
While other aspects of the bill, such as the composition of the proposed commission which MISA had expressed concern about, have not been changed, MISA has welcomed the amendments made to the bill. MISA has expressed the hope that the commission will appoint boards of advisors to be involved in the process of disbursement of funds to prospective local film-makers in order to ensure that no political considerations cloud the decisions of who should receive funding.
BACKGROUND:
In October last year, MISA raised concerns about the bill when it came before parliament for approval. Among the concerns raised by MISA was that the ambit of the bill was too broad and that it should exempt news and current affairs productions by accredited practitioners.
MISA further decried the fact that the bill empowered the commission to refuse an application without any safeguard that such a refusal could be made purely on the basis of the content of a proposed film.
