The Enactment of Media Law in Federal Ethiopia: Analysis of the Legislative Authority

Abstract

This article explores whether the federal regulation of media has a constitutional
basis in Ethiopia. While the authority to legislate with respect to media is not clearly
assigned in the Ethiopian Constitution either to the federal government or to the
regional states, as a practical matter, the federal government enacts laws regulating
the use of media. But is this practice, in fact, constitutional? It could be argued,
based on the residual power doctrine, that regional states, and not the federal
government, have the legislative authority to enact such laws. Due to the lack of
clarity on this important issue, controversies may arise when disputes between the
federal government and regional states involve legislative jurisdiction over the
media. How should such disputes be resolved if brought before the House of
Federation? This article argues, based on federalism principles such as
territoriality and subsidiarity, that the federal government has the ultimate legal
authority to enact legislation regulating the broadcasting part of the media, as the
subject matter necessitates federal regulation. Moreover, the federal legislature has
the authority to regulate the print media since they are under the concurrent
jurisdiction of the federal and state governments for enforcing the freedom of
expression rights guaranteed by the Constitution. This article chiefly employs a
doctrinal approach to unpack the legislative authority over media. Though the
federal regulation of media is found constitutionally defensible, there is a need to
clearly establish its authority.