The African Commission on Human and Peoples’ Rights (the Commission) meeting at its 82nd Ordinary Session held virtually from 25 February to 11 March 2025:
Recalling its mandate to promote and protect human and peoples’ rights in Africa under Article 45(1) and (2) of the African Charter on Human and Peoples’ Rights (the African Charter);
Noting the importance to Africa of safeguarding and supporting universal access to quality public interest content as a central pillar for actualizing the right of access to information on the continent;
Observing the expansion of digital connectivity and the enlarged range of actors producing audio and video, as well as generative AI tools which exponentially increase output that does not necessarily meet the threshold of public-interest content;
Recognising the rise of external online companies that offer African audiences a range of content (including advertising), much of which originates from African creators who upload edit and reversion content, and where audiences and influencers comment upon and share such content;
Aware that the African broadcast industry, which has traditionally focused on unidirectional programming available to free-to-air to audiences, and has been regulated accordingly, is now facing a fast-changing context;
Recognising that most of the new online services are not regulated to meet public interest benchmarks, such as requirements to provide information and factual news, education programmes, youth services, local content and languages, and impartiality on elections coverage;
Bearing in mind that legacy broadcasters who seek to distribute their content on social media channels, are now dependent on intermediary gatekeepers who compete for advertising, operate algorithms that promote sensational content rather than public interest content, and do not recognise the editorial and ethical independence of media enterprises;
Noting further that online subscription services for audio and video content are growing across the continent, and while these services may include types of public service content, by definition such output is universally available to the wider African public;
Concerned that these developments are putting in jeopardy the viability of public service and community broadcasters to deliver public service content in African languages and particularly to vulnerable communities;
Recognising the continuing importance of access to distinctively public service content in this context, and a corresponding need to overhaul policy frameworks to befit for purpose in the digital age;
Affirming milestones for African media and content policy such as the Declaration of Principles on Freedom of Expression and Access to Information in Africa (2019), and the Windhoek+30 Declaration on Information as a Public Good (2021);
Highlighting the relevance of public service content for achieving Agenda 63: The Africa We Want, the Sustainable Development Goals, and the African Continental Free Trade Area, in its Regulatory Frameworks for the Communication Sector;
Valuing initiatives such as the African Charter on Broadcasting (2001), and the role of many African civil society organisations and coalitions who advocate for public service media and public service content to be universally available and sustainable across the continent;
The African Commission:
i. Calls on the Special Rapporteur on Freedom of Expression and Access to Information in Africa (the Special Rapporteur) to consult with African role players with an interest in broadcasting, freedom of expression, media freedom, digital rights, access to information policy and lawmaking to assess their concept of public service content in current times;
ii. Decides to mandate the Special Rapporteur to develop Guidelines for Member States that can assist them in developing a future-focused policy framework for universal access to public service content in Africa.
Done virtually, 11 March 2025
