The recent court judgement in which Multichoice Botswana dragged the National Broadcasting Board (NBB) to the Lobatse High Court over the issue of licensing, attests to the complexity of regulating communication in this era of new technology. It further gives emphasis to the thinking that existing systems of regulation must be in tandem with the changes and challenges in modern technology brought about by factors such as convergence if they are to become and remain relevant.
Of critical importance to the judgement is Justice Lakhvinder Walia's observation that "the relevant legislation has not kept pace with advances in technology. The only regulating authorisation the board can issue is a broadcasting licence". To deal with the dilemma, the judge underscored the need to regulate various aspects of the broadcasting industry. But he emphasized that such a move cannot be met by arbitrarily using the only weapon at the disposal of the board to fight every conceivable situation, without creating absurd and untenable results.
