STATE OF PRESS FREEDOM IN SOUTHERN AFRICA REPORT 2021 16

social media monitoring
surveillance by the State.

or

Chin’ono was arrested on
three different charges, which
included incitement of violence,
obstructing the course of justice
and publishing falsehoods. (32)
(33) (34)

All these charges were based
on messages that Chin’ono
posted on his social media
pages on Facebook and Twitter.
These
arrests
and
the
prolonged pre-trial detention
contributed to the infringement
of freedom of expression
and promoted a culture of
self-censorship
by
media
practitioners and members of
the public, which ultimately
would lead to the shrinking of
democratic spaces online.
More recently in November
2021, the Information, Publicity
and
Broadcasting
Services
minister said the government
had set up a cyber team to
“monitor what people send and
receive.” (35)

This is a clear indicator of
the repressive environment
in which media practitioners
are operating in as their right
to privacy and more so the
confidentiality of their sources
is not guaranteed.
From a legislative perspective,
the
Data
Protection
Act,
enacted in December 2021,
amended
the
Interception
of Communications Act, the
Zimbabwean law that provides
for lawful surveillance.
The Data Protection Act
established a Cybersecurity
and Monitoring of Interceptions
of Communications Centre that
is housed in the Office of the
President and presents a legal
basis for the government,
and allows the executive
branch of government to be
monitoring and intercepting
communications of targeted
persons, who are believed,
reasonably or not, to be
enemies of the State, especially
political opponents. (36)

Botswana
Botswana has been implicated
in the surveillance of journalists.
In late 2021, the Botswana
government began procedures
to enact the Criminal Procedure
and
Evidence
(Controlled
Investigations) Bill, a proposed
law that contained provisions
that would allow authorities to
intercept communications of
journalists and force them to
disclose their sources. (37)
Following an intervention
by media organisations in
Botswana, who were supported
by their partners in the region,
the proposed provisions were
eventually withdrawn. However,
the pattern of surveillance has
been happening prior to this
proposed legislation.
The Botswana police was
reported to have been using
Israeli technology to snoop
on journalists, particularly to
verify or check the identity of
their sources.
In July 2019, the police seized
devices belonging to journalist
Tsaone
Basimahotlhe
and
proceeded to use technology
sold by the Israel-based
company Cellebrite to extract
and analyse thousands of her
messages, call logs, and emails,
and her web browsing history,
according to an affidavit from
the police forensics laboratory.

(38)

In April 2020, journalist
Oratile Dikologang was arrested
and had his phone searched by
police after he wrote articles
critical of the government.

Jus�ce Motlhabani (le�) and Letsogile Barupi,
followed by Ora�le Dikologang, leave the
magistrate’s court in Gaborone, Botswana, on April
14, 2020.
CREDIT: Mmegi/Thalefang Charles

It is reported that the police
“successfully
extracted”
and “thoroughly analysed”
thousands of the journalist’s
messages, contacts, images,
audio files, and videos, as well
as social media accounts and
applications, according to an
affidavit that they submitted
to court to support the

Select target paragraph3