Sector 1: Freedom of expression, including freedom of the
media, are effectively protected and promoted
1.1.

Freedom of expression, including freedom of the media, is guaranteed
in the constitution and protected by other pieces of legislation.

ANALYSIS:
The Constitutional Law guarantees freedom of opinion and of the press in articles 35 and 32 as
basic civil rights, while at the same time it is silent or incomplete on many of these aspects. A
Press Law regulates press freedom as being “characterised by freedom of expression and of
thought through the written press, radio and television”. Currently, the National Assembly is
considering a draft Press Law that is expected to be approved soon1. During a consultation
phase, independent institutions for the protection of journalists, such as the Trade Union of
Angolan Journalists (SJA), the Union of Angolan Journalists (UJA) and other civil society
groups participated in the debate. The draft law promises to contain a number of improvements
in regard to better protection of the press and greater openness. But it seems clear that certain
aspects of media freedom protection in the Constitutional Law and the Press Law require a
number of improvements to ensure the completeness of such protection.
SCORES:
Individual scores:
Average score:

1.2.

4, 3, 3, 4, 3, 4, 3, 4
3.5

The right to freedom of expression is practised and citizens, including
journalists, are asserting their rights without fear.

ANALYSIS:
In general, the assertion of freedoms – whether of expression or of the press – is not perceptible at a level that could be considered satisfactory, even though today there is much more
openness than at the time of the war. Citizens still have to put up with limits that result from
laws such as those on state security, state secrets and others that limit these very freedoms,
whether of ordinary citizens or of journalists. There are issues that even though they are public
cannot be touched or spoken about, lest they infringe on the areas above. These restrictions on
press freedom and freedom of speech are more accentuated in places further away from the
main urban centres. Furthermore, state officials persecute citizens and journalists when they
publish or express themselves in articles or other material in which the state or the officials are
deemed to have been offended. Time and time again, journalists see themselves embroiled in
legal battles over conflicting rights of the press or freedom of speech and alleged attempts
against the security of the state or state secrets.
SCORES:
Individual scores:
Average score:

1.3

1, 2, 2, 2, 2, 2, 2, 2
1.9

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.

So This Is Democracy? 2005

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Media Institute of Southern Africa

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