SECTOR 1

views. In some cases, however, they make use of pseudonyms to maintain a
certain level of anonymity.

Scores:
Individual scores:
1

Country does not meet indicator

2

Country meets only a few aspects of indicator

3

Country meets some aspects of indicator

4

Country meets most aspects of indicator

5

Country meets all aspects of the indicator

Average score:
Score of previous years:

✓
✓✓✓

✓

✓

✓

✓

✓
✓✓

✓

3.1
2005: 3.3; 2007: 2.8; 2009: 2.4; 2011: 3.0; 2015: 2.7

1.3 There are no laws or parts of laws restricting
freedom of expression such as excessive official
secret, libel acts, legal requirements that restrict
the entry into the journalistic profession or laws
that unreasonably interfere with the functions of
media
Namibia has a few laws that restrict freedom of expression, including drawback
clauses in the constitution itself. Laws such as the Protection of Information Act
of 1982, the Communications Act of 2009, the Public Service Act of 1995, the
2013 regulations that form part of the Research, and the Science and Technology
Act of 2004, also place certain restrictions on the right to freedom of expression.
Panellists felt that various Human Rights instruments recognise that there may
be certain limitations for certain freedoms. Those noted below, therefore, were
based on discussions around unreasonable restrictions and interference.
Article 21 (2), of the Namibian Constitution states that:
The fundamental freedoms referred to in Sub-Article (1) hereof shall be
exercised subject to the law of Namibia, in so far as such law imposes
reasonable restrictions on the exercise of the rights and freedoms
conferred by the said Sub-Article, which are necessary in a democratic
society and are required in the interests of the sovereignty and integrity
of Namibia, national security, public order, decency or morality, or in
relation to contempt of court, defamation or incitement to an offence.
Terms such as ‘morality’ and ‘decency’ remain undefined and are therefore subject
to manipulation in restricting the right to freedom of expression. It was noted by

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AFRICAN MEDIA BAROMETER NAMIBIA 2018

Select target paragraph3