MAURITIUS
except so far as that provision or, as the case may be, the thing
done under its authority is shown not to be reasonably justifiable in
a democratic society.
So, while freedom of expression which includes freedom of the
media is generally guaranteed under the Constitution of Mauritius,
there are some worrying potential restrictions on the use of this
right. Limitations are possible in the interest of “public morality”
- a very vague concept, open to all sorts of interpretation. Other
limitations are possible for civil servants – section 12 (2) (c) provides
the constitutional basis for the Official Secrets Act which Mauritius
adopted from Britain and which prohibits civil servants from giving
information to the public or commenting freely on matters concerning their department. The Public Service Commission (PSC), the
body responsible for making appointments to the civil service, also
underlines in its Personal Management Manual that no information
may be released to the public except after prior authorisation by a
supervising officer.
Other legal provisions that limit freedom of expression are those
which criminalise defamation: A person found guilty of such an offence is liable to a term of imprisonment not exceeding one year
and a fine not exceeding Rupees 5000 (about 165 US dollars). In addition, such person may be sued for damages.
Some laws restricting freedom of expression have been challenged
in the courts. Up until the early 1990s private satellite dishes to
receive television could not be imported into Mauritius without a
licence. This clause in the Customs Regulations was scrapped by a
court which argued that it contravened section 12 of the constitution and that everybody was free to receive information.
The judgement marked the beginning of a revolution in the country. In 2002 legislation was passed which established an Independent Broadcasting Authority. For the first time since independence
in 1968 this body began to issue licences to private radio stations.
Private television, however, is still not allowed.
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African Media Barometer - Mauritius 2008

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