Broadcasting in Lesotho is regulated through a layered framework administered by the Lesotho Communications Authority (LCA). For anyone setting up a radio or television station, sub-licensing content into the country, advertising on Basotho airwaves, or simply trying to understand how the sector works, the starting point is the Communications Act, 2012 and the Broadcasting Code, 2022.
This guide unpacks how broadcasting in Lesotho is regulated in practice: who the regulator is, how licences are issued, what content rules broadcasters must follow, and what happens when those rules are breached.
Who regulates broadcasting in Lesotho?
The Lesotho Communications Authority (LCA) is the statutory regulator for broadcasting, telecommunications and postal services in Lesotho. It was established in June 2000 and currently operates under the Communications Act, 2012 (Act No. 4 of 2012).
The LCA’s mandate in the broadcasting sector includes:
- Granting and renewing broadcasting licences
- Promoting and preserving fair competition in the communications market
- Managing the radio frequency spectrum used by broadcasters
- Approving applicable tariffs
- Empowering and protecting consumers of broadcasting services
- Enforcing compliance with broadcasting rules and codes
Day-to-day complaint handling about broadcast content is referred in the first instance to the Broadcasting Disputes Resolution Panel (BDRP), an industry body established under section 39 of the Communications Act, 2012.
The legislative framework at a glance
Broadcasting in Lesotho is governed by a hierarchy of instruments:
- The Communications Act, 2012 — the principal legislation setting up the LCA and the overall licensing regime.
- Subsidiary legislation — including the Lesotho Communications Authority (Licensing Classification and Fees) Rules, 2013.
- The Broadcasting Code, 2022 (Legal Notice No. 38 of 2022) — made by the Minister responsible for communications under section 40 of the Communications Act, 2012, and which came into operation on its date of publication, 14 April 2022.
- Government policy documents — including the Lesotho Communications Policy of 2008 and the ICT Policy for Lesotho of 2005.
The Broadcasting Code, 2022 repealed the earlier Broadcasting Rules of 2004 (L.N. No. 71 of 2004) and is now the central source of content and conduct rules for broadcasters.
Who counts as a “broadcaster” in Lesotho?
The Broadcasting Code, 2022 defines a broadcaster as “any natural or juristic person licensed or registered by the Authority that performs a broadcasting service over the internet or terrestrial platform”. A “broadcasting service” means a single defined service consisting of audio or visual broadcasting or programming to the public, sections of the public, or to subscribers.
Two practical points flow from this:
- Both terrestrial and internet broadcasters are caught. Radio stations, television stations and licensed internet broadcasters all fall within the Code.
- The Code applies to every broadcaster licensed or registered under the Communications Act, 2012.
Content rules under the Broadcasting Code, 2022
The Broadcasting Code, 2022 sets out detailed obligations covering editorial standards, programming and advertising. The following are the key categories.
Editorial independence
Every broadcaster must take editorial responsibility for what is broadcast on its platform, manage conflicts of interest, ensure that all relevant staff understand the Code, and have internal procedures in place for programme producers to seek guidance on Code compliance.
Accuracy, fairness and impartiality
News and information must be reported accurately, fairly and impartially, presented in the correct context, and without distortions, exaggeration, manipulation, misrepresentation or material omissions. Where a report turns out to be incorrect, the broadcaster must rectify it without reservation or delay, with similar prominence to the original and including an apology.
Controversial issues and the right of reply
When covering controversial issues of political, industrial or public importance, broadcasters must fairly present opposing points of view. Any person or organisation criticised on air has a right to respond, broadcast with similar prominence and in a similar time slot.
Privacy
Broadcasters must not present material that invades a person’s privacy or family life unless there is a legally identifiable public interest reason. They must avoid gratuitous detail when covering sexual offences, and must not be forced to disclose their sources.
Protection of children
Children are defined in the Code as persons under the age of 18 years. Material unsuitable for children must not be broadcast before the watershed period (defined as the period between 2200 hours and 0500 hours). Specific rules apply to violence in children’s programming, themes that may threaten a child’s sense of security, and content that could invite dangerous imitation.
Watershed and audience advisories
Programming containing scenes of violence, sexually explicit conduct or culturally offensive language intended for adult audiences must be confined to the watershed period. Broadcasters must use a standard content classification system including “PG10”, “PG13”, “16” and “18” ratings and provide on-air advisories at the start of broadcasts to help viewers make informed choices.
Violence, hate speech and discrimination
The Code prohibits the broadcasting of material that sanctions, promotes or glorifies gratuitous violence, violence against women, or violence based on race, ethnic origin, political affiliation, colour, religion, gender, sexual orientation, age, mental or physical disability or culture. Propaganda for war, incitement to imminent violence, and advocacy of hatred constituting incitement to harm are likewise prohibited.
There are limited exceptions for genuine scientific, documentary, dramatic, artistic, cultural or religious broadcasts, and for discussion of matters of public interest, religion, belief or conscience.
Political broadcasts and advertising
During election periods and more generally, broadcasters must afford all political parties similar opportunity and treatment, must not discriminate against any party, and must not act as a mouthpiece for any party. Live coverage of political rallies must conform to the broadcaster’s licence conditions. Broadcasters are also required to consider guidance from the electoral authorities.
Advertisements and sponsorship
All advertisements must be decent, conform to acceptable societal norms, conform to the principles of fair competition, and not mislead. Sponsorship of news bulletins, weather, financial or traffic reports is permitted, provided that the broadcaster retains ultimate editorial control and the sponsorship does not compromise the programme’s impartiality, accuracy or truthfulness. Sponsorship of programmes must be clearly acknowledged before and after the programme.
Record-keeping and inspection
Broadcasters must keep extensive records, including:
- For the duration of the licence: incorporation documents, shareholder agreements, board resolutions, and employee records.
- For three years: audited financial statements, weekly programme schedules, daily programme logs, advertising rates, advertising logs, and complaint records.
- For at least three months: recordings of all programmes broadcast.
The LCA may at any time request audited financial statements, records kept under the Code, disclosure of funding and sponsors, and compliance reports. The LCA also has rights of inspection at the broadcaster’s place of business.
Complaints procedure
The Code provides for a tiered complaints procedure:
- Complaint to the broadcaster. A person aggrieved by a broadcast must first lodge a written complaint with the broadcaster. The broadcaster must respond in writing within 14 days.
- Referral to the Broadcasting Disputes Resolution Panel (BDRP). If the complainant is dissatisfied with the broadcaster’s response, the matter may be referred to the Panel, which informs the broadcaster and requests representations within 5 days.
- Referral to the LCA. Where the Panel cannot resolve the matter, it refers the complaint to the LCA in terms of section 41(4) of the Communications Act, 2012.
- Review by the High Court of Lesotho. A party dissatisfied with the LCA’s decision may apply for review in the High Court.
Penalties for breach
Where the Panel determines that there has been a contravention of the Code, it may:
- Direct the broadcaster to issue a retraction, clarification or public apology;
- Direct the broadcaster to adopt a corrective action plan, which may include suspension or restructuring of a programme or suspension or retraining of a presenter;
- Direct the broadcaster to pay restitution; or
- Impose a fine not exceeding eighty thousand Maloti (M80,000) payable to the Authority.
Where a broadcaster continues to contravene the Code despite directives from the Panel, the Panel must refer the matter to the LCA, which may recommend further penalties under section 47(1)(e) of the Communications Act, 2012.