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

languages that are understood by marginalized
populations considering that a majority of
information is still being disseminated in the socalled official languages of English and French
that are a legacy of colonialization. In addition,
televised communication should include sign
language interpretation. Concerning children,
age appropriate information should be produced
and disseminated to assist them in understanding
the crisis and ways of protecting themselves.

The Declaration of Principles on Freedom of
Expression and Access to Information in Africa
identifies relevant principles that reinforce
proactive disclosure of information held by
public bodies and relevant private bodies, as
a basic principle in the access to information
ecosystem.122With COVID-19 spreading rapidly
across the SADC region, “there has never been
a greater need for
accurate news and information to help people
stay informed and safe. Yet, the authorities
across the region are targeting journalists and
media houses for their critical reporting on
the pandemic, which is weakening this vital
information flow”.123In the absence of credible
information, “there is a high probability that
the credible information void will be filled with
false information, hence the need for authorities
and relevant stakeholders to adopt robust
communication strategies underpinned by the
principle of proactive disclosure”.124

The COVID-19 disaster has validated the
necessity for access to credible information
that facilitates public dialogue and public
participation.119In public emergences, states
have additional obligations to ensure that
information is publicly available as it is the
right of the people to be informed so that they
understand the health risks that they are facing
and to enable public participation in response
processes and efforts. 120 This position has been
emphasised by the African Commission in a
press statement wherein it noted that

Proactive disclosure means that those with the
information that is relevant to the COVID-19
circumstance such as records should release
without prompting. The lack of proactive
disclosure of information, can be attributed
to a culture of secrecy which is also manifest
in some governments’ response to COVID-19.
Proactive disclosure of credible information
minimises the chances of confusing the
public with conflicting messages. South Africa
proactively discloses COVID-19 information

“In times of public health emergencies,
members of the public have the right to receive
factual, regular, intelligible and science-based
information on the threat COVID-19 poses to
their health, the role and impact of the measures
adopted for preventing and containing the virus,
the precautionary measures that members of
the public should take, and on the scale of the
spread.” 121

119 ‘Cross-Regional Statement on “Infodemic” in the Context of COVID-19’ https://unny.mission.gov.au/files/unny/120620%20CrossRegional%20Statement%20on%20Infodemic%20in%20the%20Context%20of%20COVID-19.pdf (accessed 22 June 2020).
120 I Fevola & D Banisar ‘Ensuring the Public’s Right to Know in the COVID-19 Pandemic’ (2020) Article 19 5
121 African Commission on Human and Peoples’ Rights, Press Statement on human rights based effective response to the novel
COVID-19 virus in Africa, 24 March 2020, https://www.achpr.org/pressrelease/detail?id=483 (accessed 22 June 2020).
122 Declaration of Principles on Freedom of Expression and Access to Information in Africa
123 D Muchena n 21 above. See also https://en.unesco.org/sites/default/files/disinfodemic_deciphering_covid19_disinformation.pdf
124 H Dube ‘COVID-19 and the access to information conundrum in Africa’ 10 April, 2020 https://africlaw.com/2020/04/10/covid-19and-the-access-to-information-conundrum-in-africa/#more-1687 (accessed 22 June 2020).

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