The Malawi Communications Regulatory Authority (MACRA) has said that assertions made by Prophet Shepherd BushirI that the revocation of Rainbow Television Content licence was politically motivated were wrong.
MACRA has also said Bushiri’s claims of the station’s ownership are false as their records show that he was not the registered owner of the Television station and, therefore, he is not a party to any conversations concerning Rainbow TV and the regulatory body.
In an exclusive interview with Zodiak Broadcasting Station (ZBS), Bushiri said the licence was revoked despite the broadcaster settling its outstanding fees.
In a statement released on Wednesday, MACRA director general Daud Suleman said the station’s license was revoked due to non-payment of K14,930,000 (the amount had been reduced to K10 million) in outstanding license fees. Rainbow Television failed to meet the May 31, 2022, deadline for payment, despite a prior commitment to do so before the MACRA Board.
“This action was solely due to its failure to comply with its financial obligations and was not influenced by politics something that is outside MACRA’s regulatory mandate.Prior to initiating the licence revocation process, MACRA engaged with Rainbow Television multiple times and provided several opportunities for compliance. Despite these efforts, the broadcaster did not fulfill its financial obligations within the required timeframe.
“Notwithstanding, MACRA remains committed to enforcing compliance within the broadcasting sector. Licensees across the Telecommunications, Broadcasting. and Postal sectors are reminded that failure to comply with licence conditions, including the timely payment of fees, may result in regulatory enforcement actions, including revocation of licences.
“It is pertinent to note that other broadcasters also had their licences revoked under similar circumstances. However, some of them subsequently reapplied for and received new licences, and they continue to operate in good standing. We encourage the public and affected licensees to reach out to MACRA for any further clarifications through our official communication channels,” reads part of the statement
On 8th June 2022, MACRA revoked Rainbow Television’s Content Licence, issued on 1st May 2015 which according to MACRA records was issued to Rainbow Television Limited.
The licence was issued in accordance with Section 43(1) of the Communications Act. This provision also mandates MACRA to revoke a licence if a licensee fails to comply with the Act or the specific terms and conditions of their licence agreement.
Additionally, Clause 33.1 (vi) of the General Terms and Conditions of Content Licences stipulates that a licence may be revoked if a licensee fails to pay outstanding licence fees for more than twelve (12) months past the due date.
Following the revocation, Rainbow Television filed for judicial review in the High Court Judicial Review case number 21 of 2022.
However, the Court dismissed the application, concluding that there was no valid basis for judicial review.
In his ruling, Judge Mike Tembo said; “the claimant’s case is hopeless and not fit for further investigation at a full hearing. The claimant was in breach of its broadcasting licence by failing to pay licence fees.”
