African Media Barometer Lesotho Sector 1: 1.1 Freedom of expression, including freedom of the media, is effectively protected and promoted. Freedom of expression, including freedom of the media, is guaranteed in the constitution and protected by other pieces of legislation. ANALYSIS Article 14 (1) of the Constitution of Lesotho guarantees freedom of expression, and provides for the right of response where one is aggrieved in the same medium. Freedom of the media is not expressly mentioned, but assumed to be encompassed by these provisions of the constitution. However, this freedom of expression is greatly limited by derogations in subsequent clauses of Section 14. Clause 2 in particular states that freedom of expression is guaranteed as long as it does not interfere with provisions made in the interests of defence, public safety, public order, public morality or public health. Legislation can also limit this freedom “for the purpose of protecting the reputations, rights, and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence…”. In addition, Lesotho’s Broadcasting bill is yet to be approved and numerous laws that are an impediment to media are still in place. Among these are The nature of exiting litigation suits show that we cannot have defamation laws exist with freedom of expression. Defamation nullifies freedom. The two should not exist side by side. There needs to be put in place a different legal framework such as libel and privacy laws. There is reluctance on the part of government to develop media policy. Currently there are two drafts media laws on the table, i.e. draft Broadcasting Bill and Media Law, both emanating from processes that started as far back as 2005. In the absence of guidelines, the media tends to self-censor. Issues of media freedom ought to be media driven. MISA is a custodian of media freedom, but government wants to take the lead even though it has other interests, and they are not necessarily related to advancing media freedom. Newspapers have to shut down because of those lawsuits. Generally speaking, the constitution guarantees freedom of expression, but the laws ought to build in mechanisms in which MISA should be a major player, because the courts are not the best placed mechanism for disputes. If a person claims they have been defamed, they should take it up with MISA. Score – 1,2,2,2,2,2,2,2 = 1.9 So This Is Democracy? 2008 -158- Media Institute of Southern Africa