This has given rise to continued attempts by governments to unjustifiably limit freedom of expression using surveillance. Of note are several reports in 2020 and 2021, highlighting that African states have been relying on spyware for purposes of surveillance on journalists and political leaders, among others. (1) (2) (3) Further during the onset of the COVID-19 pandemic in 2020, several countries deployed various technological tools for purposes of monitoring and tracking the spread of the virus. (4) These tools included monitoring of mobile phones and access to location data through mobile network operators as well as deployment of contact tracing applications in countries that include South Africa and Botswana. Consequently, these tools have also opened potential loopholes for surveillance. Governments have, therefore, been urged by civil society and human rights activists to ensure that such measures guarantee anonymity and confidentiality of government sources. (5) This research, therefore, interrogates the state of surveillance towards media practitioners from countries in Southern Africa and posits necessary interventions that can be implemented by stakeholders to address vice. Examples will be drawn from countries like Malawi, South Africa, Botswana, Mozambique, Namibia, Tanzania, Zambia, Zimbabwe, Lesotho and eSwatini. THE STATE OF SURVEILLANCE IN THE SOUTHERN AFRICA REGION Evidence to date, shows that countries in Southern Africa have been deploying various strategies and tools for purposes of surveillance, in countries such as Zimbabwe, South Africa and Zambia. It has been recorded that online harassment, mass and targeted surveillance, data storage vulnerabilities, and digital attacks (including hacking) are among the many ways that digital tools have been used to jeopardise the safety and integrity of journalists as well as their sources. (6) (7) (8) (9) (10) (11) (12) (13) (14) Both State and non-State actors use these tactics to gain access to confidential information and intimidate journalists. (15) The right to privacy is at the centre of concern regarding surveillance in journalism because it is an enabling right that facilitates the exercise of other rights like the right to access to information, political rights, media freedom and freedom of expression, among others. Within the context of Southern Africa, the right to privacy is a constitutional provision in countries such as South Africa, Zimbabwe, Zambia, Malawi, Mozambique and Tanzania, among others. Unlawful mass or targeted surveillance is, therefore, a threat to the privacy of journalists, particularly the privacy of their property, which includes mobile devices or computers, the privacy of their communication and also the confidentiality of their sources, which also contravenes the right to media freedom. The Botswana Constitution, in particular, is one exception, as it provides for the privacy of the home or property, but does not provide clear and comprehensive protection of data or communication that adequately safeguards the rights and interests of individuals, including journalists in line with the latest trends. (16) Apart from the Constitution, the surveillance of media practitioners can also be appropriately addressed by data protection laws that would ideally address issues relating to the collection or accessing, the use and transmission of personal information. Eswatini, Tanzania, Lesotho, Namibia, Mozambique, Malawi, South Africa and Zimbabwe are among the countries in Southern Africa that have primary legislations on data protection and privacy. While data protection and privacy are protected in several countries, as highlighted above, both in constitutions and also in data protection and privacy laws, there are also other pieces of legislation that impact the two rights by authorising or legalising surveillance. The following is a regional outlook with regards to interception of communications through provisions within laws: In 2020, several African countries including Zimbabwe, Zambia and Botswana were reported to be customers of Circle, a surveillance firm that reportedly exploits weaknesses in the global mobile phone system to snoop on calls, texts, and the location of phones around the globe. Circles is reported to be an affiliate of the Niv, Shalev and Omri Group Technologies (NSO Group) that develops Pegasus Spyware, which has been used STATE OF PRESS FREEDOM IN SOUTHERN AFRICA REPORT 2021 13 being disseminated easily and quickly through messaging applications and other forms of technology.