The Constitution goes further by providing that such rights must be maintained and realised without hindrance, discrimination or censorship, as well as guaranteeing every individual or legal entity equal right of reply, correction and compensation for any damage suffered as a result of such free expression. Article 44 of the Constitution stipulates that the rights to freedom of the press and information cannot be subject to prior censorship, namely of a political, ideological or artistic nature, admitting restrictions only in the case of accommodating other rights and interests or the limitations arising from the protection of the dignity of natural persons. To ensure the materialisation of such rights, the legislature enacted the Media Legislative Package in 2017, which includes the Broadcasting Law, Television Law, Journalist Code of Conduct and Press Law. Among other issues, this package aims to eliminate obstacles and bureaucracies that journalists and the press have historically faced in Angola, creating an enabling environment for the establishment of radios, including community ones, clubs and journalistic associations, as well as, the fostering of diversity and multiplicity of media channels. However, despite these legislative developments, the package of laws in itself presents a threat to the exercise of press freedoms. A number of articles contained in the Press Law violate Angola’s international obligations in respect of media freedom. These include: Article 29 which gives the Ministry of Social Communication the authority to oversee how media organisations carry out editorial guidelines and punish violators with suspension of activities or fines; Article 35 imposes excessive fees to establish a media group of 35 million kwanzas for a news agency (US$211,000) and 75 million kwanzas (US$452,000) for a radio station; and Article 82 criminalises publication of a text or image that is “offensive to individuals”. The Penal Code, approved in January 2019, contains articles on media activity. These include fines and up to six months in prison for “abuse of press freedom”, which can include incitement, the dissemination of hate speech and the advocacy of fascist or racist ideologies. Under the Penal Code, defamation and slander are punishable with fines and imprisonment for up to six months. The law’s overly broad definition of defamation opens the door for the government to arbitrarily prosecute journalists, who report on illegal or improper activity by officials and others. Computer crimes are also included in the new Penal Code, which, for example, it punishes illegitimate access to information systems. Article 444 of the same code stipulates that “if the access is gained by violation of security rules or if it was gained to a protected service, the penalty is two to eight years of imprisonment”. MEDIA PLURALITY AND DIVERSITY The Angolan media remains largely controlled by the ruling People’s Movement for the Liberation of Angola (MPLA) party. The government owns the only radio and television stations that broadcast throughout the country, as well as the official news agency. With elections scheduled for August 2022, Angola is experiencing some tense moments, marked essentially by protests that began in 2021, with the approval of an electoral law that was not met with consensus from the country’s main political actors. To add to the tensions, a media group, which operated television channels called ZAP was suspended on allegations that the stations were improperly registered. (2) The Committee for the Protection of Journalists has noted that citizens do not have access to a free, diverse and pluralistic broadcast media, stressing that the only conclusion to be drawn is that the Angolan government is trying to control the media narrative, especially because of elections scheduled in August. CPJ also documented how criminal defamation has become the weapon of choice to intimidate and harass journalists in Angola, including virtual media. Also in 2021, Freedom House reported that the government’s ability to monitor and intercept the data and communications of Angolan citizens is of major concern. (3) STATE OF PRESS FREEDOM IN SOUTHERN AFRICA REPORT 2021 27 This right includes the right to be informed or to inform others, that is, the right to be able to transmit information or access information.