25 Aug 2020

Botswana Television (Btv) and Radio Botswana broadcast proceedings of the National Assembly in accordance with Parliament’s decision.

Answering a question in Parliament on Monday, Minister for Presidential Affairs, Governance and Public Administration, Mr Kabo Morwaeng, said the broadcast decision followed adoption of a motion by the National Assembly in 2013

The minister said the Copyright and Neighbouring Rights Act did not grant rights for any entity to be an exclusive broadcaster of proceedings of the National Assembly.

He said there was no other law that granted exclusivity to broadcasting, adding that instead Botswana Television had been granted permission by the National Assembly to broadcast parliamentary proceedings.

Mr Morwaeng said once Btv was engaged in a broadcasting activity, the Copyright and Neighbouring Right Act granted it exclusive rights to its broadcasts.

He indicated that in terms of section 27 of the act, ‘a broadcasting organisation shall have exclusive right to carry out or authorise the re-broadcasting of its broadcast, the communication to the public of its broadcast, fixation of its broadcasts or reproduction of a fixation of its broadcast’.

He said section 18 of the act provided for ‘limitations and exception to the rights of the broadcaster, the extent of performance of these acts determines the applicability of such limitations and exceptions’.

“There is no specific written agreement between the Department of Broadcasting Services and National Assembly save to say the understanding between the two is that the facilitation of the broadcasting by the department  will be temporary until the National Assembly is ready to take over the service. As government, we take the request by Parliament seriously and with respect,” he added.

The minister indicated that Botswana Television did not own copyright over the proceedings of the National Assembly, rather it owned exclusive rights to its broadcast of the proceedings.

He said in accordance with section 6(1) of the Copyright and Neighbouring Rights Act, ownership of these rights was automatic upon creation of the broadcast and did not require any formalities, adding that the exclusive rights to broadcast were not dependent on content.

Mr Morwaeng said section 5 of the Act of Parliament bestowed such ownership to Btv as a state owned broadcaster under the Department of Broadcasting Services.

Leader of Opposition and Member of Parliament for Maun West, Mr Dumelang Saleshando, had asked the minister to state full terms and conditions under which Botswana Television broadcast proceedings of the National Assembly and to further state the provisions of the Copyright Law or any other laws that provided for Botswana Television to exclusively broadcast the proceedings of the National Assembly.

He also asked the minister to disclose when the agreement, if any, was entered into between Botswana Television and National Assembly for the broadcasts as well as to explain how Botswana Television was able to copyright proceedings of the National Assembly. ENDS