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 14 AFRICAN MEDIA BAROMETER BOTSWANA 2009