CPJ Joins Coalition Opposing Seychelles Broadcasting Corporation Bill

A new legal development in Seychelles has seen the enactment of the Seychelles Broadcasting Corporation Act 2026, replacing previous legislation governing the national public broadcaster. While the Act purports to establish a modern, independent, and editorially autonomous institution, a coalition of press freedom organizations, including the Committee to Protect Journalists (CPJ) and the Public Media Alliance (PMA), along with the Seychelles Broadcasting Corporation's own Board of Directors, have expressed serious concerns. They argue that key provisions, particularly those related to the governance, appointment of board members and executives, and financial autonomy, significantly weaken the institutional independence of the SBC, potentially undermining constitutional safeguards for media freedom and centralizing executive authority over the broadcaster.

The Republic of Seychelles has recently enacted the Seychelles Broadcasting Corporation Act 2026, a legislative overhaul intended to modernize the framework governing its national public broadcaster. The stated objective of the new Act is to foster an independent, editorially autonomous, and financially sustainable public broadcasting institution capable of serving the diverse needs of the Seychellois people in the digital age.

However, this legislative development has been met with considerable apprehension from various stakeholders. A coalition of international and local press freedom organizations, including the Committee to Protect Journalists (CPJ) and the Public Media Alliance (PMA), alongside the Seychelles Broadcasting Corporation's (SBC) own Board of Directors, have voiced serious concerns. They contend that, despite its stated aims, the Act contains provisions that could "significantly weaken" the institutional independence of the SBC, thereby jeopardizing media freedom in the island nation. This article delves into the specifics of these concerns, examining the Act's potential impact on the SBC's autonomy within the broader constitutional and legal landscape of Seychelles.

Freedom of expression, including freedom of the press and other media, is a fundamental right enshrined in Article 15 (formerly Article 22) of the Constitution of the Republic of Seychelles (1993). This constitutional guarantee extends to the right to receive and impart ideas and information without interference. Crucially, Article 168 of the Constitution specifically mandates that all broadcasting media owned or controlled by the State, or those receiving public funds, must be constituted and managed to operate independently of the State and any political or other undue influence.

Prior to the 2026 Act, the Seychelles Broadcasting Corporation operated under the Seychelles Broadcasting Corporation Act 2011, which itself replaced earlier legislation from 1992. The 2011 Act established the SBC as an independent corporate body governed by a board of directors appointed by the President. Amendments in 2017 further refined the board appointment process and introduced the position of Deputy CEO. Other relevant legislation includes the Access to Information Act 2018 and the Seychelles Media Commission Act 2018, which established an independent regulatory body for the media sector. These existing frameworks aimed to foster a media environment where the judiciary has often upheld press freedom, even ruling against the government in several instances.

The core of the controversy surrounding the Seychelles Broadcasting Corporation Act 2026 lies in its proposed changes to the governance, appointments process, and financial mechanisms of the SBC. While the Act's explanatory statement describes its intention to establish an independent and editorially autonomous institution, critics argue that several provisions contradict this objective.

One of the most significant concerns pertains to the composition and appointment of the SBC's Board of Directors and executive leadership. Under the previous framework, the Constitutional Appointments Authority (CAA), an independent body, played a role in recommending the chairperson and vice-chairperson of the SBC board. The new Act, however, removes the CAA from this process, replacing it with a three-person select committee appointed directly by the President. Furthermore, the President is now empowered to directly appoint five members of the 11-member board and holds the sole authority to appoint the Chief Executive Officer (CEO) and Deputy CEO. This shift is seen as centralizing executive authority over the national broadcaster, thereby weakening the safeguards against political interference that were previously in place.

Another critical area of concern relates to the financial independence of the SBC. The previous legal framework included safeguards ensuring that funds approved by the National Assembly for the SBC were duly transferred to the Corporation. The new Act reportedly lacks an equivalent explicit guarantee, raising fears that this omission could expose the SBC to greater reliance on executive decision-making regarding the release and management of public funds. This potential vulnerability to financial leverage is a common mechanism used to exert pressure on media institutions globally, potentially compromising the SBC's role as a public service watchdog.

Moreover, the process by which the Bill was advanced has drawn criticism. Organizations like the Public Media Alliance and the Citizens Engagement Platform Seychelles (CEPS) have highlighted that the Bill was gazetted and progressed through the National Assembly without adequate consultation with relevant stakeholders, including the SBC's own Board of Directors. This lack of inclusive engagement further compounds the concerns regarding the Act's legitimacy and its potential to undermine public trust in the independence of the national broadcaster. The CEO of the SBC, Berard Dupres, has publicly stated that he experienced unprecedented pressure during the period leading up to the Bill's approval, further illustrating the climate of potential political influence.

The enactment of the Seychelles Broadcasting Corporation Act 2026 marks a pivotal moment for media freedom and public broadcasting in Seychelles. While the Act's stated ambition to create an independent and editorially autonomous institution is commendable, the concerns raised by press freedom advocates and the SBC's own leadership regarding its governance, appointment processes, and financial provisions are substantial. The shift towards greater executive control over board and executive appointments, coupled with the perceived weakening of financial safeguards, poses a significant risk to the SBC's ability to operate free from political influence, as mandated by the Seychelles Constitution.

Practitioners in media law, constitutional law, and human rights in Seychelles should closely monitor the implementation of the new Act and its practical implications for the SBC's operations and editorial independence. The legal community may anticipate potential challenges to provisions of the Act that are perceived to infringe upon constitutional guarantees of freedom of expression and media independence. The ongoing dialogue and scrutiny from civil society and international bodies will be crucial in ensuring that the spirit of public service broadcasting, free from undue interference, is upheld in Seychelles.