SECTOR 1

Scores:
Individual scores:
1

Country does not meet indicator

2

Country meets only a few aspects of indicator

3

Country meets some aspects of indicator

4

Country meets most aspects of indicator

5

Country meets all aspects of the indicator

Average score: 			

3.1 (2008 = 2.8)

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 media.
Section 12 (2) (c) of the Constitution provides the constitutional basis for the
Official Secrets Act which Mauritius adopted from Britain. It prohibits civil
servants from giving information to the public or commenting freely on matters
concerning their department. The Public Service Commission (PSC), the
body responsible for making appointments to the civil service, reinforces the
maintenance of silence through regulations in its Personal Management Manual.
The manual restricts all civil servants - including those working for parastatal
bodies - from talking to the press, unless authorised by their hierarchical heads.
Civil servants are extremely unlikely to get this authorisation or permission except
for the non-controversial things such as the production of a booklet or brochure.
This restriction on public servants to talk to the press impacts heavily on journalists,
who face heightened challenges in accessing government held information. The
only way they can legitimately obtain information is when it is officially released
via a press conference or through parliamentary proceedings.
Other legal provisions that limit freedom of expression are those which
criminalise defamation. A person found guilty of defamation is liable to a term
of imprisonment not exceeding one year and a fine not exceeding Rupees 5000
(about 165 US dollars). In addition, such person may be sued for damages.
Several years ago, two journalists working for Le Marque were arrested for writing
an exposé on corrupt tendering procedures involving the police commissioner at
the time. They were arrested under the Official Secrets Act.

AFRICAN MEDIA BAROMETER MAURITIUS 2010

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