T he formation of opposition party, the All Basotho Convention (ABC), changed the political landscape for the first time since Lesotho entrenched democratic rule in 1993. As a result of the ensuing political struggles, the media fell short in observing the cardinal tenets that underpin the journalism profession. This resulted in the ruling party, the Lesotho Congress for Democracy (LCD), responding to the situation by imposing legal controls. The intention was to control the many dissenting voices that erupted. Media practitioners, opposition leaders and other business people were hauled before the courts and charged with treason and other related charges. Some cases are still pending in the High Court, while other accused persons have been acquitted. Some cases have gone full circle and are back for retrial. After the political unrest that followed the February 2007 elections, Lesotho’s media faced another challenging year in 2008, marked by repressive laws being mooted by the state with the intention of shutting critical voices. The year was also characterised by heavy defamation damages imposed on newspapers which were taken to court by senior government officials. The state of the media The media fraternity faced an overt war, waged by the state when the Communications Ministry mooted an amendment to the Lesotho Communications Authority (LCA), the broadcasting regulator. The new amendment seeks to limit the freedom enjoyed by broadcasting houses by vesting the communications minister with powers to revoke a license and close the communication services of a media organisation if he/she believes that the services may prejudice or endanger the public interest. According to the new law, this can be done without a hearing, a situation that appalled the media. The new law also seeks to empower the minister to deny access to any information requested by a journalist for publication purposes, if he/she feels it is necessary to protect national security. This legislation has the effect of stalling media development in Lesotho as envisioned in the national Vision 2020 development programme. Further, this law undermines concerted efforts by media groups that have been calling for the passage of the Receipt and Access of Information Bill. This bill has been stalled for eight years, since 2001, when it was sent to Parliament for enactment. As part of the state’s efforts to tighten screws on the media, the new law also increases the fine for persons who flout broadcasting regulations from M2,000 (as of April 2009, this was worth about US$220) to M6,000 (US$660) or imprisonment of no less than six months or both. The LCA Act also increased license fees dramatically: from the equivalent of US$400 to US$3,000 per year. The new charges are seen by media practitioners as a way for government to close down radio stations and publications that are critical of government. Since 2005, private media outlets have survived economic difficulties owing to moves by government to withdraw advertising from all media critical of government. It remains to be seen if they will survive the latest fees and legislative onslaught. When the amendment bill was presented to Parliament for approval by the Communications Portfolio Committee, opposition parties expressed concern that it would take away media rights. However, some MPs argued that too much freedom without restrictions is dangerous to the stability of the country. The state of broadcasting The selection of the Board of Lesotho’s broadcasting and telecommunications regulator, the LCA, has sent shockwaves through the media fraternity. All new members are either related So This Is Democracy? 2008 -32- Media Institute of Southern Africa