1. Introduction

Afghanistan has more than 150 years of history. The first newspaper was founded during the reign of King Sher Ali Khan, under the title of Shams_al_Nahar, in 1873. The first constitution of Afghanistan was signed by King Amanullah Khan in 1923, and based on the same, the first "Media Law" was passed in 1924. Anis, the first privately published newspaper, began circulating alongside twenty (20) or so state-run newspapers [1].

As far as radio transmission is concerned, commenced lin 1925, with the establishment of a state-owned radio station called "Radio Afghanistan" in Kabul, followed by the establishment in 1933 of the first state-owned "Bakhtar News Agency".Afghan National Television was established and began its broadcasting in 1978. The second Media Law was passed in 1940,while the third law was adopted in 1965. Similarly, new laws for regulate the media in Afghanistan followed in 1987, 1994, 2004, 2005, and 2009 [2].

After the fall of Islamic Emirate of Afghanistan in 2001, private media, especially radio, television, print, and digital media, expanded dramatically. Media laws were recognized as one of the basic pillars for the strengthening and growth of private media in Afghanistan. In the last two decades, media laws not only provided a legal framework for media; rather, they played an important role in regulating the relations between media, government and society [3]. In the meantime, the new Constitutions, Mass Media Law and the Right to Access Information Law were among the issues that had a great impact on the growth and development of private media in Afghanistan.

The purpose of this paper is to examine the role of media laws on the development and growth of private media in Afghanistan during the last two decades (2001-2021). The available literature and scientific resources on the history and evolution of mass media law, especially after 2001, provides researcher with valuable information. Sediqi and Shuaib have been investigated the rights of mass media in the light of Afghanistan’s constitution in the last two decades [4]. The findings of their research shows that some of the provisions of Afghan constitution, which are related to the mass media are problematic for the performance and activity of media in this country, and some of them are ambiguous, which causes abuse of the provisions.

Masoumi's historical study explores the evolution of media freedom in Afghanistan over the past two decades, highlighting its development, challenges, and social responsibility post-9/11. Despite ongoing threats such as conflict, insecurity, corruption, and attacks on journalists. Isaczai, in her master's thesis, studied the development and growth of Afghanistan’s media and examined the media landscape in the country, with an emphasis on the regulatory environment. The research results show that although the role of foreign aid has been effective in the growth of private media in Afghanistan [5].

Ghorzang in a comparative study on the current limitations and history of press freedom in Afghanistan has examined the restrictions imposed press freedom, its negative impact on society and democratic values in Afghanistan. The author of article has emphasized the necessity of creating a legal framework to improve access to information and guarantee the independence of media for the development of Afghanistan.

Existing studies highlight a gap in understanding the key factors behind Afghan media growth from 2001 to 2021 [6]. While most research focuses on media history, freedom of expression, and media’s role in democracy and society, this article specifically explores how media laws contributed to the development of private media during that period.

This article is crucial for analyzing the role of media laws in the development of private media in Afghanistan. Following 2001, these laws aimed to protect freedom of expression and limit censorship. Evaluating their effectiveness helps understand legal responses to ongoing challenges. Additionally, media laws have played a key role in enhancing public awareness and building journalistic capacity [7]. Studying this topic offers insights into how legal frameworks support civil society and contributed to the notable expansion of private media over the past two decades.

Private media were able to act independently in many areas and increase people awareness and compete with state-owned media. Therefore, the study of media laws and their impact on the independence and growth of media can help clarify the development process of these media. However, this research can also be useful in the field of academic education, scientific research, and preserving the cultural identity of Afghan media [8]. This article is based on a case study method and thematic analysis has been used to analyze the “primary and secondary sources” on this paper.

Methodology

This is a qualitative study about the role of media laws in the development of private media in Afghanistan from 2001-2021. The study relies on documentary analysis and descriptive statistical review of secondary data on media development over the period selected. MethodsPrimary legal documentsSources: The Constitution of Afghanistan 2004, the Mass Media Law 2009, and the Access to Information Law 2014 were systematically analysed to evaluate their provisions on expression, media regulation; and private sector participation/open accessibility. Official reports, government statistics, policy briefs, academic articles, and reports published by national and international organizations were also reviewed to map the growth of private media outlets in print, radio, television, and digital media sectors. Worthy of note, since it was part of the qualitative analysis of the laws rather than quantitative, the descriptive data on registered media outlets were used only to describe trends of the growth of the number of media outlets by modality and category, and it was not statistically tested. Using thematic analysis, the study reveals repeated themes around legal facilitation, regulatory regimes, institutional constraints, and institutional facilitation to develop private media. The selection of sources was based on their relevance, credibility, and alignment with the research objectives. The methodology integrates analysis of legal documents with historical empirical media growth data to provide a full-spectrum assessment of the role media law played in the establishment, rapid growth, and financial independence of private media in Afghanistan, post 2001.

Result and Discussion

2. Legal Framework of Media in Afghanistan (2001-2021)

The regulatory of mass media includes various segments of legislation. The constitution of Afghanistan ratified by Loya Jirga (Grand Assembly) in January 2004, emphasizes that the media law should be arranged by a separate legislation, while itself composed from some articles that are relevant [9].

2.1 Afghanistan Constitution 2004

Freedom of expression and media were guaranteed in Article 34 of constitution 2004, which states:

“Freedom of expression shall be inviolable. Every Afghan shall have the right to express thoughts through speech, writing, illustrations as well as other means in accordance with provisions of this constitution. Every Afghan shall have the right, according to provisions of law, to print and publish on subjects without prior submission to state authorities. Directives related to the press, radio and television as well as publications and other mass media shall be regulated by law.”

For the first time, Afghanistan’s Constitution guaranteed the Right to Access Information in Article 50, allowing citizens access to state-held information unless it harms others’ rights or public security [10]. Based on Article 34, the 2004 Mass Media Law (10 chapters, 43 articles) replaced the term “press” with “media,” legally protected journalists’ professional activities, and ensured their right to form unions.

2.2 Afghanistan Mass Media Law 2009

Afghanistan Mass Media Law (AMML) during the republican era was ratified in 2009 in (11) Chapters and fifty-four Articles [11]. This law, taking into account the principles and rules of Islam, Article 34 of the Constitution and Article 19 of the Universal Declaration of Human Rights (UDHR) has been established in order to ensure the right to freedom of thought and expression and to regulate the activities of public media in the country.

“The aims of this law are to:

1. Promote and guarantee the right to freedom of thought and speech;

2. Protect the rights of journalists and safeguard conditions for the free operations of the mass media;

3. Promote and develop free, independent and pluralistic mass media.

4. Provide a suitable environment for the expanding of the realities of views and feelings of

the citizens, and for fair reflection of truth through speech, writing, drawing, picture,

recording, acting, movement and other scientific, artistic and literary phenomena as well as

printing and broadcasting.

5. Observe the right to freedom of speech and mass media as enshrined in the Universal

Declaration of Human Rights observing the provisions of the principals of the sacred

religion of Islam.

6. Support the sound development of the mass media in a manner to become effective means

for broadcasting of accurate news, information, learning, promoting of knowledge, and

culture in the country and....”

The Media Law enabled free and independent media to operate without interference. It obligated the government to protect and guarantee media freedom, prohibiting censorship or restrictions—even by state institutions [12]. Notably, between 2001 and 2009, Afghanistan's parliament passed five versions of the Media Law: in March 2002, April 2004, June 2006, August 2008, and April 2009.

2.3 Access to Information Law 2014

Access to information law was one of the basic criteria that makes it easier for journalists to access information and resources [13]. The Right to Information Law was submitted to the Parliament (Grand Assembly) in 2011, and it has approved with the “establishment of the National Unity Government in 2014.” This law, ratified under Article 50(3) of Afghanistan’s Constitution, emphasized the right to access information for citizens and journalists. Article 2 outlined four main objectives under Chapter 1.

“1. Protect the right of all natural and legal persons to access information from institutions.

2. Ensure transparency, strengthen the culture of provision of information, promote people’s participation in good governance, ensure accountability in the conduct of institutions, and combat corruption.

3. Observe article 19 of the Universal Declaration of Human Rights in consideration of article 3 of the constitution of Afghanistan.

4. Regulate the process of requesting and providing information . ”

The RTI law in Afghanistan aimed to promote transparency, accountability, and public access to government information, while strengthening the rule of law and combating corruption. It established a framework for timely access to information to support citizen participation in key decisions [14].

3. Growth of private media in Afghanistan

Over the past two decades, Afghanistan’s media landscape has seen significant growth—particularly in print, radio, TV, and internet—driven by international support, local entrepreneurs, and a legal framework promoting media freedom. According to a report published in 2019 by Tolo TV, citing government statistics, Afghanistan had been a vibrant media scene with 1,879 active outlets across the country [15]. This included 911 print publications, 65 radio stations, and 96 television channels that were activated just in Kabul, highlighting the significant presence and diversity of media during that time (Figure 1).

Figure 1: Numbers of Mass Media in Afghanistan

As well as there were 416 print media, 284-radio station and 107 TV channels in other provinces.

3.1. Radio

Radio has long been one of the most important sources of news and information for Afghans, first established in 1925. During the first period of Islamic Emirate rule, it was the only media outlet permitted to broadcast in the country [16]. According to a 2018 Asia Foundation survey, 62% of Afghanistan’s population relied on radio as their primary source of news and information, ranking just after television at 68%. In rural areas, despite a decline since 2013, radio remains the second most important source of news after television. According to the latest figures by the Ministry of Information and Culture on 2019, about 349 radio stations operate in the whole of Afghanistan.

In the last two decades, there were three types of radio station operating services in Afghanistan: Radio and Television Afghanistan (RTA) governmental media, independent, locally aired programs from both private and international radio stations [17]. Radio and Television Afghanistan (RTA) was the country’s oldest and largest state-owned public broadcaster. During the first period of Islamic Emirate, television was banned, and RTA operated only as "Radio Voice of Sharia," a religious station. After the Emirate’s fall on October 2001, RTA resumed its full operations. Over the past two decades, RTA has expanded to include two TV channels, two AM stations, and nine FM stations in Kabul, with 34 branches across all provinces, providing nationwide coverage.

3.1.2 Community and Private Radio

Community radio commonly means locally radio, and it was non-profit media, which is almost managed by volunteer staff. Comunica NGO in its report concludes argued that “Community radio is not only a viable option for Afghanistan, but it is also a low-cost and effective way of contributing to medium and long-term efforts for reconstruction, development, democracy, and nation-building.” community radio stations have been mostly established and used by the military of the United States as a part of their mental operations plan to win the minds and attention of people in the rustic regions.

One of these programs was establishing the Sada-e-Azadi (usually known as Radio in a Box) in rustic societies against the Islamic Emirate to advertise and legitimatize the existence of foreign force in Afghanistan [18]. The exact number of Radio in a Box is not clear, according to BBC report, there is at least 100 small radio station that was broadcasting from bases of the ISAF forces and Provincial Reconstruction Teams (PRT), they were managed only from its central office in Kabul. Radio in a Box was broadcasting from the bases of U.S and ISAF troops throughout the country.

Internews NGO came to media growth of area in Afghanistan on 2003, with receiving a grant to amount of $1, 45 million from the US [19]. This amount was for 12-month project that called “Building Independent Media in Afghanistan”, the project goals was to establishing a local independent media network separate from government mediums. On 2003 to 2011 years, Internews NGO founded 36 community radio stations in 29 provinces of Afghanistan to provide the absence of production of local independent information, particularly in the rural regions.

These numbers have been reached to 47 community radio stations in 2012 and included some established by other companies. They have prepared media training courses, progressing program content, technical serving, founding news agencies, and recommending media law and standards. The radio stations established by Internews operated in different ways [20]. The broadcasting department of local radios and commercial stations that were operating to earn money were managed by volunteers. According to Internews and CIMA, the stations varied in size and budget, from small radio stations with annual budgets of $500 to larger stations with annual budgets of $5,000.

Killid Group

In 2002, Radio Kilid Group (TKG) was first established by Internews in Kabul and then separated from Internews. It was changed early to non-profit media organization and start its activity in the framework of “the Afghan NGO, Development & Humanitarian Services for Afghanistan (DHSA)”. Some INGO like USID, the European Commission, the French Embassy, and Asia Foundation had played an significant role as the supporter of the Killid group. The Killid Group was an independent public media group that operates eight local radios and two weekly periodicals.

3.1.3 International Radio with Local Broadcast

Over the past Twenty years, some of the popular international media networks and radio channels have been providing technical and financial support to improve the Afghan radio and television stations. They have delivered a much-balanced vision and programming for the Afghan listeners and viewers [21]. The foreign media groups have been consistently operating: are BBC Radio, Radio Ashna (VOC), Radio Free Europe/Liberty Radio (Radio Azadi), Sada-e-Azadi, Deutsche Welle (DW), Internews and Voice of Russia.

3.2 Private televisions

In Afghanistan, for the first time, television was appeared in 1964 and began its publications in 1978 in the period of President Sardar Mohammad Daoud Khan by Japanese technical assistance. Television was considered the first source of news and information for the urban audiences. According to Isaczai in 2014, Afghanistan’s citizens have enjoyed a great diversity programming from more than 75 private television and Radio Television Afghanistan and foreign networks available from side to side satellite and cable television [22]. These varieties of stations supported by political parties, religious, ethnic, private and government stations. However, the latest figures presented on 2019, by the Ministry of Information and Culture shows that there were 203 TV stations in Afghanistan as a whole, including 96 TV channels in Kabul and 107 TV stations were available in other provinces.

Ayena was the first private television channel that was established in 2004 by General Dostum, leader of the National Movement Party. In the last two decades, the private TV stations that were famous, and remarked sustainable by survey and reports conducts by USAID, “Asia foundation” and Altai consulting media evaluation are consists: Tolo, Lemar, Yak, Saba, and some other of bigger television. The private televisions have broadcasting with Pushto language are Lemer and Shamshad. Shamshad TV provides 15% of its program with buying from Pakistan and some Asian country especially the Middle East, and then translates with Pashto language.

Harakat-e-Islami movement’s leader Asef Mohseni has founded Tamadon TV in Kabul. Most of its programs has shaped from religious and educational content. Kawsar was another media outlet that has supported by Iran. Political parties, personal individuals, and neighbor’s countries . Former President Professor Burhanuddin Rabbani, leader of Jamiat-e-Islami, founded Noor TV in 2008. Negah television is owned the second vice former president Karim Khalili, whilst Noorin TV belongs to the vice former president Qasim Fahim.

3.1.4 Print Media

The exact number of publications after the Islamic Emirate's demise is unknown, but based on the report of Afghan media in 2010; it appears there were 800 publications in printing. While in the last twenty years, the number of print media has increased in a high quantity. However, the latest figures presented on 2019, by the Ministry of Information and Culture shows that there were 1327 print media in Afghanistan as a whole, including 911 print media in Kabul and over 416 magazines and newspapers were available in other provinces [23].

Some popular and well-known journalists published the private newspaper Hasht-e-Sobh in 2007 with a daily flow of 1500 copies. Sanjar Sohail was the owner of the Hasht-e-Sobh newspaper. Hasht-e-Sobh promptly has become a famous newspaper with preparing equated and without bias coverage of daily information and news. Hasht-e-Sobh got the Press Freedom Award in 2012 from the Reporters Without Borders (RWB). According to a Report the Center for International Media Assistance, the government newspapers were (Afghanistan Times, Islah, Haiwad, Anis and Kabul Times) and 85 other newspapers and magazines [24]. The government publication's quality is always lower than the private newspapers.

Sada-e-Azadi Newspaper (Vice of freedom) founded by the International Security Assistance Force (ISAF) and published twice per month in Dari/Persian, Pashtu, and English languages. In every phase, it has printed half a million copies and distributed free by the local companies in the nationwide. Sada-e-Azadi newspaper charge was not paid by itself, but all of the contents have provided by ISAF’s psychological operation project.

Killid Group’s Magazines were circulated 20,000 copies and distributed regularly in 34 provinces. This circulation indicate the magazines printed by Killid Group: Killid Magazine is so important and famous in among Afghan communities, it was published in every week about 40 pages in Dari/Persian, Pashtu, and English, and cover international news, Afghan politics, cinema, jokes, and other society’s issues [25]. The high school’s students have formed the readers of Killid magazine, and it is accessible by them. Another one was Morsal Magazine published in around 30 pages, and it is shorter than Killid.

3.1.5 News agencies

Afghanistan had 14 news agencies. Among them, Bakhtar was the first state-run news agency founded in 1939. Operating under the Ministry of Information and Culture. Pajhwok (PAN), Internews, Khama Press, Bost, Afghan women's news agency, Sabawoon, Wakht, Roz, Hindukush, and a few more were among the private news outlets in Afghanistan. Among of them, Pajhwok (Reflection) news agency was very famous and established in 2004.

Khaama Press, launched in 2009 as a political and cultural newspaper, became an independent news agency in 2010 after registering in the Ministry of Information and Culture. It published in Dari, Pashto, and English, and attracts over 1.5 million monthly viewers. This online journal, which was owned by Khushnood Nabizada.

3.1.6 Growth of Internet

Since 2001, Afghanistan’s telecom sector had significantly evolved, led by the Ministry of Telecommunications and Information Technology, whose policies enabled public and private investment in telecom and communication infrastructure [26]. Afghan Wireless (AWCC) in 2002 became the first company in Afghanistan to receive a GSM and 2G license, opening the door to internet access for the country. Over the next decades, the telecom sector grew rapidly. By 2012, Afghanistan had 44 licensed internet service providers, including major mobile operators like AWCC, Roshan, MTN, and Etisalat, as well as several state-owned fixed-line providers. As noted on the Kakar Advocates website in 2020, Afghanistan’s Mobile Network Operators expanded from four to six operators. Among them, Afghan Telecom and Wasel Telecom were state-owned companies. As well as, there were 60 Internet Service Providers (ISPs) in the entire country (Figure 2).

Figure 2: Growth and development of internet users in Afghanistan by percentage of inhabitants.

In 2018, the subscription of internet users for Afghanistan was 16.8. The subscription of internet consumers of Afghanistan increment from 0.1% in 2003 to 16.8% in 2018. In 2019, around 17.6% of Afghans uses the internet.

3.1.7 Mobile Phone

With the unprecedented growth and development of media sector across Afghanistan from 2001 up to 2020, there was also happened a large development in the mobile phone industry. By 2020, According to Kakar Advocates website, there were five major mobile phone companies such as Afghan Wireless Communications Company “AWCC” Roshan, Etisalat, MTN and Afghan Telecom, which provided coverage to almost 90 percent of the Afghan population.

Conclusion

This study examines the role of media laws in the growth and development of private media in Afghanistan between 2001 and 2021. From the analysis of documentary data and other studies, it is concluded that media laws in Afghanistan, especially after the US invasion in Afghanistan and came to power of the new government in 2001, led by Hamid Karzai, have played a vital role in the creation and strengthening of private media. According to the country's constitutional and media laws, real and legal persons had the right to print and publish contents without prior permission from government officials.

Based on media laws, over the past two decades, the government was required to guarantee and support issues such as freedom of thought and expression, requesting information, legal protection, forming Labor unions, media activities related to foreign media, and providing facilities for the free operation of the media. The adoption of various laws related to the media was able to create conditions for private media (newspapers, radio, and television) to expand its activities with greater independence and within specific legal frameworks. These laws not only led to the growth and development of the media in terms of quantity, but also allowed private media to progress in various fields, including freedom of expression, examining socio-political issues, and reflecting news independently and impartially.

Mass Media Law allowed independent and non-governmental media to operate freely. These laws did not give any individual or entity, including government organizations, the right to interfere with, prohibit, sanction, censor, or restrict media activities. Strengthening and supporting free, independent, and pluralistic media has been one of the goals of these laws over the last twenty years. Due to the legal facilities and according to the Afghan Media Report in 2010, on average, between 2006 and 2010, 20 radio stations and 9 television channels were created each year. According to previous, government statistics that showed in 2019, 1,879 media outlets were active across Afghanistan, including 911 print media outlets, 65 radio stations, and 96 television channels operating in Kabul.