ANALYSIS OF COVID-19 REGULATIONS VIS-À-VIS FREEDOM OF EXPRESSION IN THE SADC REGION

include statements such as that white people are
more likely to be infected with the virus;65 that
young people are unlikely to be infected with
the coronavirus66, that corona virus can be cured
using alcohol,67and that the virus can be killed
using heat.68The public often find it difficult to
distinguish between credible content and that
which is false or misleading or content that is
harmful but not necessarily illegal.

Botswana
Under Botswana’s Emergency Powers
(COVID-19Regulations the government declared
a state of emergency in response to COVID-19.
The regulations criminalise publication of information, through any medium, including
social media, with “the intention to deceive”
the public about COVID-19 or measures taken
by government to address the virus. Contravening this regulation is publishable by a prison
term of up to five years or a 100,000 Pula ($8,100)
fine or both.69The regulations confine dissemination of COVID-19 information to the public to
the Director of Health Services and the WHO.

Government responses
to disinformation in
the sadc region
In order to respond to the proliferation of the
COVID-19 ‘infodemic’, governments in the SADC
region ensured that responses to COVID-19
included regulations that criminalise publication and dissemination of false news. The regulations are similar across the sub-region and
include sanctions in the form of fines and imprisonments. Curbing disinformation is ideally
meant to prevent panic and preserve public
health and order. This section outlines and
analyses the regulations from selected examples
and arrests that were instigated for contravening the regulations. In addition, this section
includes the role of stakeholders in combating
disinformation.

Namibia
In Namibia section 15(1)(e) of the State of
Emergency COVID-19 Regulation (Amendment)
provides that a person commits an offence if
they publish a false or misleading statement
about COVID-19, a crime that is punishable by
a fine of N$2,000 (USD 128) and/or six months’
imprisonment. 70

Lesotho
In Lesotho, the government declared a state of
emergency under the Declaration of COVID-19
State of Emergency Order 26 of 2020. The decree
stipulates that the press should ‘refrain from
publishing fake news’.71The sanctions are not

65 U Nkanjeni ‘5G, a vaccine & ‘white people’s virus’ — Covid-19 conspiracy theories the government has debunked�� 17 April 2020
https://www.timeslive.co.za/news/south-africa/2020-04-17-5g-a-vaccine--white-peoples-virus--covid-19-conspiracytheories-the-government-has-debunked/ (accessed 13 June 2020).
66 ‘During this coronavirus pandemic, ‘fake news’ is putting lives at risk: UNESCO’ 13 April 2020 https://news.un.org/en/
story/2020/04/1061592 (accessed 10 June 2020).
67‘ No, drinking alcohol won’t kill the coronavirus’ 18 March 2020 https://africacheck.org/f bcheck/no-drinking-alcohol-wontkill-the-coronavirus/ (accessed 10 June 2020).
68 Hot baths, hot hand dryers and other heat will NOT kill coronavirus 11 March 2020 https://africacheck.org/f bcheck/hot-baths- hothand-dryers-and-other-heat-will-not-kill-coronavirus/ (accessed 10 June 2020).
69 Statutory Instrument No. 61 of 2020 Emergency Powers (COVID-19) Regulations, 2020
Emergency Powers Act (Cap. 22:04). See https://bw.usembassy.gov/wp-content/uploads/sites/125/Emergency-Powers-COVID- 19-Regulations-2020.pdf (accessed 13 June 2020).
70 Namibia State of Emergency - COVID-19 Regulation (Amendment), section 15(1) (e) https://www.chr.up.ac.za/images/researchunits/
litigagion/covid19_country_regulations/Namibia-State_of_emergency-Covid- 19_Regulations.pdf (accessed 13 June 2020).
71 Lesotho Declaration of COVID-19 State of Emergency Order 26 of 2020 https://www.gov.ls/wp- content/uploads/2020/03/Lockdown-Gazette-Lesotho.pdf (accessed 13 June 2020).

https://zimbabwe.misa.org

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