ICT Policy-September 2009

POLICY ISSUES, OBJECTIVES AND STATEMENTS

The above considerations inform the issues, objectives and statements outlined below.

3. LEGAL, REGULATORY, INSTITUTIONAL & ADMINISTRATIVE FRAMEWORK

3.1 Policy Element - Legal Framework

a. Policy Issue
Appropriate legislation is needed to address existing fragmentation, and current and future developments in a liberalized and converged environment.
The e-Transactions Act came into effect in April 2007. Legislative provisions to address data protection and the criminal misuse of data are under consideration.

b. Policy Objective
To harmonize, rationalize and strengthen the existing legislative framework, taking into account international best practices, to adequately address current trends and emerging technologies, promote and support competitiveness and the long term development of the ICT sector.

c. Policy Statements
(i) All existing laws relevant to ICT will be harmonized and new legislation will be promulgated to give effect to this policy.
(ii) Provision will be made for appropriate sanctions and penalties to address breaches.
(iii) Provision will be made for periodic review of the legislative framework will be made to address developments in the sector.
(iv) Provision will be made for protocols to govern interconnection and optimal utilization of ICT infrastructure (e.g. infrastructure facility sharing and co-location).
(v) Provision will be made for establishing, monitoring, enforcing, and reporting on performance standards.

3.2 Policy Element - Regulatory and Institutional Framework

a. Policy Issue
The ICT sector requires an enabling, cohesive regulatory environment to attract investments and facilitate competition.

b. Policy Objective
To establish a converged ICT regulatory framework through:
- Drafting new legislation and establishing cross agency protocols to minimize fragmentation and jurisdictional overlap.
- Rationalizing the various regulatory functions and re-engineering processes.
- Establishing/operationalizing a converged institutional and regulatory framework inclusive of determining the governance structure.

c. Policy Statement
It is imperative that an appropriate institutional and regulatory framework be established for the effective administration of a converged ICT environment. The separation of content regulation, treatment for specific areas of competition, minimization of fragmentation and jurisdictional gaps and overlap, and strategic management of ICT related issues are seen as necessary components for the transformation of the institutional and regulatory environment. The legislation will make provision for an Advisory body and an appellate system.
Focus will be on the following initiatives:
(i) Competition and Content Regulators will remain separate in the converged ICT framework;
(ii) Provision will be made for an Inter Regulators Forum between the Content Regulator, the Competition Regulator and the ICT Regulator;
(iii) Encouragement of self regulation within the ICT sector;
(iv) Provision for the sharing of information among regulators;
(v) The establishment of a National ICT Advisory body to provide ongoing advice to the Minister with responsibility for ICT related issues;
(vi) Provision will be made for an appropriately constituted independent ICT Appellate body capable of responding to the range of issues under the jurisdiction of the Regulator. The functions of, and funding for the appellate body will be elaborated in the legislation;
(vii) The legislation will also make provision for the grounds for appeal, as well as the process and period for addressing appeal;
(viii) Provision will be made for the establishment of an appropriate governance structure for the ICT Regulator;
(ix) Provision will be made for the establishment of a system for early detection of cyber threats and appropriate responses; and
(x) Provision will be made for an organized framework to focus e-Government strategies.

3.3 Policy Element - Administrative Framework
a. Policy Issue
The ICT sector needs an efficient and responsive administrative system.
b. Policy Objectives
(i) To promote a high standard of performance and responsiveness in administration in order to increase efficiency and enhance competitiveness within the ICT sector.
(ii) To ensure that the administration of the regulatory mandate is effected through policies and procedures which are transparent and effective.
(iii) To simplify the licensing processes to promote growth and encourage investment.

c. Policy Statement
Provision will be made for administering the licensing regime to facilitate procedural efficiency, transparency and responsiveness to technological changes.