According to mass media law, High Council of Media has to be structured composing of 13 members from government and non-government institutions, as a policy making institution in media field and for promoting freedom of expression. Therefore, while organizing election, competency has to be seriously taken into account. 
Representatives from media and civil society have to be elected in a democratic atmosphere and far from the intervention and personal influence of government officials, particularly off the Ministry of Information and Culture. Such election has to be launched by Media and Civil societies themselves.
Nai believes that the procedure titled “Provision of procedure for the election of journalists’ representation in Media’s High Council” and drafted by the Ministry of Information and Culture is not free of legal problems. This procedure had to be formulated by the journalists’ society because they have the right to elect and suggest so this particular procedure of election had to be provided by them.
In this procedure, the basic election principles such as: (A through principle for the right of being elected and the right to elect for most of journalists who are working in provinces and not to rely only on Kabul based journalists; principle of being free in which any kind of elections has to be held free and out of the intervention and influence of the government, and to be held in a democratic environment; principle of giving the role to the journalists society as it’s their representation and the way the election is held has to be in journalists’ favor) are not included.
Furthermore, according to the paragraph 3, article 41 of mass media law, such procedure is not only to be for the election of two journalists as the members in Media High Council, but also the working procedure and activities of the council has to be regulated through the mentioned procedure, which are not included in the procedure formulated by MoIC. This can point out lacks and missing issues in the procedure.
On the other hand, in this procedure, the term for candidate is to have three years of work experience in journalism which is contrary to the article 41 of the law of mass media; it is because the article of law does not mention the duration of experience, however only mentions that “….Two professional and experienced in journalism…”.
It has to be mentioned that on 18 of Jawza 1392, Afghanistan’s Journalists Federation, has elected two journalists for the membership in High Media Council. This has happened with the presence of Independent Election Commission staff and a number of journalists. But unfortunately the elected members were not accepted by the Ministry of Information and Culture and this ministry wanted to appoint two representatives of the Media society through customized and illegal election. It does not want to elect but rather it has appointed.
Nai office asks the Ministry of Information and Culture to stop the process which has illegal base.
It is to mention that two persons who have been appointed by the Ministry of Information and Culture for the representation of media and journalists in a totally government dominated meeting are government employees and there are doubts about their professional and practical work of journalism.