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

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Media Institute of Southern Africa

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