SECTOR 1

panellists that based on this clause, people who were seen as supporters of the
1994 secession attempt of the Caprivi Strip are not allowed on air.
The Protection of Information Act of 1982 stipulates that a government official
may not give any information to a journalist. This stipulation is contradictory to
the access to information legislation that government is currently discussing and
is a good example of a law that inhibits access to information, which may in turn
inhibit freedom of expression.
The Protection of Information Act of 1982 also seeks to prevent information in
the public domain, which is considered secret by the state, from becoming public
knowledge. In fact, this Act was used against The Patriot newspaper in a lawsuit
brought against it by the Namibian Central Intelligence Service (NCIS) in 2018,
in an attempt to stop the paper from publishing a story on properties purchased
by the NCIS for recreational purposes which, in some instances, were registered
in the names of individuals; as well as on a slush fund to which government was
donating money for the benefit of state officials. ‘The Patriot won the first round
of the case on the basis that it was absurd for the NCIS to claim it was a law unto
itself and using the law to cover up its transgressions.’
Part 6 of the Communications Act of 2009 allows for the interception
and monitoring of telecommunications (per Clause 70) and compels
telecommunications service providers to gather the necessary identifying
information from their customers:
‘in order to make it possible to intercept the telecommunications of that
customer’ (Clause 73).
While the Act states that the establishment of the interception centres
contemplated by the Act are for the combating of crime and for national security,
there is concern that much room is left for the abuse of this functionality.
Importantly, there are no laws that keep journalists from doing their jobs, or from
entering the journalistic profession.

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:

12

AFRICAN MEDIA BAROMETER NAMIBIA 2018

✓
✓

✓

✓

✓

✓✓✓✓

✓✓

✓

2.1
2005: n/a; 2007: n/a; 2009: n/a; 2011: n/a; 2015: 2.7

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