SECTOR 1

1.3
There are no laws restricting freedom of
expression such as excessive official secret or libel
acts, or laws that unreasonably interfere with the
responsibilities of the media.
Analysis:
Laws that can restrict freedom of expression in Botswana could be viewed as an
attempt by the state to control the media and limit criticism of those in power.
These include the controversial Media Practitioners Act (MPA), passed in
December 2008; the Public Service Act (PSA) of 1998; the National Security Act
(NSA) of 1986; the Corruption and Economic Crime Act (CECA) of 1994; the
Cinematography Act of 1975; the Intelligence and Security Services Act of 2007
and the Police Act of 1987.
The MPA requires all journalists and publications to register with the government,
through the statutory Media Council, to gain accreditation and an operating
licence. If this is not done, the journalist or publisher could be fined up to P5,000
(about US$720 at June 2009 rates) or three years in prison, or both. In the case of
a publication, the government can close it down if it is operating without being
registered. The license lasts only for one year.
In May 2009, a group of Botswana publishers served the office of the Attorney
General with a notice to take the Minister of Communications, Science and
Technology to court over the controversial Media Practitioners Act. The
publishers are attempting to repeal the law, which they say is unconstitutional and
contrary to the country’s international obligations.7 The publishers object to the
act criminalising the wrongs of media practitioners, saying
that this constitutes censorship. The publishers also object
to the very broad definition of a ‘media practitioner’; the
“...People believe that
requirement of journalists and publications to register
once the chief has
with and receive accreditation from government; and
compulsory membership of the statutory Media Council.8
spoken, everyone must

fall in line. The rights
may be there but they
may also be abused by
people in power.”

The PSA and the NSA legitimises the restrictions placed
on accessing information by journalists problematic,
as ordinary civil servants can be summarily dismissed
for speaking to the media or divulging information,
even ‘public information’, without permission from the
minister or permanent secretary responsible. As there

7 http://www.ifex.org/botswana/2009/05/11/publishers_challenge_media_practitioners/
8 http://allafrica.com/stories/200905110663.html

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AFRICAN MEDIA BAROMETER BOTSWANA 2009

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