African Media Barometer
Namibia 2018
Summary
Freedom of expression for all citizens and freedom of the media is specifically
guaranteed in Section 21 (I) (a) of Chapter 3 of the Namibian Constitution.
Freedom of expression is also protected under laws such as the Communications
Act of 2009 and the Protection of Information Act of 1982.
Namibia has ratified a number of international and regional agreements which
strongly advocate for freedom of expression and freedom of the media such
as the Southern African Development Community (SADC) Protocol on Culture,
Information and Sport; the Windhoek Declaration and the African Charter on
Human and Peoples’ Rights. However, the country has not fully ensured that
local laws match the letter and spirit of these protocols.
Within the constitution, there are restrictions based on terms such as ‘morality’
and ‘decency’ that are inherently undefined and can be subject to interpretation.
There are also some laws that contain clauses which could have restrictive effects
on freedom of expression, such as the Protection of Information Act of 1982.
This act seeks to prevent information in the public domain, which is considered
secret by the state, from becoming public knowledge.
Namibia does not have an Access to Information Act, but a draft bill has been
produced by civil society and is being discussed with the Ministry of Information
and Communication Technology.
In general, citizens exercise their right to freedom of expression without fear.
However, self-restriction is often exercised due to traditional and cultural
practices, and also by government employees who seem reluctant to speak freely
unless guaranteed anonymity.
There are no laws in Namibia that force journalists to disclose their sources.
There is only one known case of a journalist being detained for this reason. In
the 1990s, Hannes Smith, a newspaper editor, claimed that he knew who had
assassinated Anton Lubowski. He would not submit to the request to give any
names, after which he was arrested and detained for a few days.
General protection is offered to those who give evidence to the authorities
through the Witness Protection Act of 2017 and the Whistleblower Protection
Act of 2017.
There is a range of information sources in Namibia including five daily
newspapers, at least seven weeklies, about 30 radio stations, a state television
broadcaster and several private stations. However, content does not seem to be
well balanced – it was felt that the focus is largely Christian, and dominated by
politics and economics. Newspapers owned by the state are viewed as not being

5

AFRICAN MEDIA BAROMETER NAMIBIA 2018

Select target paragraph3