T he importance of the media in Mozambique cannot be underestimated. The media plays an important social and political role. People use the media to address social problems that they are not confident to find solutions to through official mechanisms, namely administrative and judicial tools. In the political arena, media is a watchdog of democracy and the rule of law. Public interest issues are often discussed primarily via the media. Due to the high interference of the media in people’s private lives and public institutional activity, it is not surprising that journalists and media companies are often involved in controversies. For instance, during 2008 two Mozambican journalists were threatened on October 15 by opposition party members and accused of biased coverage in favour of a rival candidate. Legal framework of media: expected legal reform The Constitution defines the state of Mozambique as a state of rule of law based on pluralism of expression, democratic political organisation and respect and protection of human rights1. As proclaimed by the Constitution, freedom of expression constitutes an important foundation of the country’s legal system and democracy. Article 11, (a, f, g, e, h) also favours freedom of expression. The main provision for freedom of expression, in the Mozambican Constitution is article 48. According to article 48, no. 1, all citizens are entitled to the fundamental right to freedom of expression, freedom of the press and right to information. Censorship is forbidden by the Constitution2 and freedom of the press comprises freedom of expression, access to information and intellectual freedom of journalism, protection of independence and journalistic secrecy, and freedom to create newsletters, publications and other means of information diffusion3. The Law 18/91, of August 10, regulates both the principles that govern the media and rights and duties of media professionals. Regarding the prevailing legal framework, media professionals as well as civil society have been pressuring the government to embark on legal reform. It was expected that during 2008, the National Assembly would discuss and adopt a new law on access to information, but apparently this was not given priority. The reality on the ground In 2008, three journalists faced criminal charges for threatening state security after they wrote an article questioning the nationality of the Mozambican prime minister. The charge was submitted to court by the Maputo city public attorney. Apart from this charge, there are some other files in different courts against journalists. It is now routine for journalists to be hauled before the courts in the course of their duty. Charges against journalists have raised public concern that the judiciary is being used to hamper freedom of expression. The question in Mozambique is how far freedom of expression rights can be exercised and with what limitations, in respect of other rights. In the above-referred case, the state accused the journalists of threatening state security, but the court decided that the case was in fact one of defamation against the prime minister. At least, this decision indicated how the independence of courts can play an important role in protecting and defining the limits of freedom of expression4. 1 Article 3 of the Constitution of the Republic Article 48, nr 2 3 Article 48, nr 3 4 Cfr. Heleen Bosma. Freedom of Expression in England and under the ECHR. In search of a common ground.School of Human Rights Research. HART.INTERSENTIA, Antwerp, Groningen, Oxford, 2000 pg 35 2 So This Is Democracy? 2008 -58- Media Institute of Southern Africa