The Namibian Broadcasting Corporation started a radio chat show in 1992, a few years after
the end of a military dictatorship in the country where one could not say the word “SWAPO”
without fear of going to prison, certainly not on the radio or in letters to the editor. The then
host of the show “was scared that nobody would call and at the beginning nobody did, but over
the years things have changed and I think we are now quite free to express ourselves.”
The concern, however, remains that people must know their right to express themselves freely
– if they do not they can not practice it. The panel also noted a growing tendency to silence on
sensitive issues, intolerance towards criticism, and an increase in hate speech, especially from
the side of government officials.
SCORES:
Individual scores:
Average score:

1.3

2, 3, 4, 2, 4, 4, 4, 3
3.3

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 the media.

ANALYSIS:
There are some laws that restrict freedom of expression in Namibia, but the question remains
whether they are excessive. These are mainly acts in place since the pre-independence era and
a study should be conducted on how many of these laws might restrict freedom of expression
or freedom of the media.
Such pieces of legislation include the official secrets act and the defence law which limits the
publication of information in regard to military installations, etc. A criminal libel act is also on
the statute books but there are no reported cases in Namibia. A point of concern is that the
constitution provides for all legislation to remain in place until expressly changed. Still existing restrictive laws may not be evoked, but they remain as a possible threat and thus “create
indirect fear.”
SCORES:
Individual scores:
Average score:

3, 3, 5, 3, 3, 4, 2
3.3

1.4 Entry into and practice of the journalistic profession is unrestricted.
ANALYSIS:
Generally, entry into the profession and practice of journalism is unrestricted.
SCORES:
Individual scores:
Average score:

1.5

5, 5, 5, 5, 5, 5, 5, 4
4.9

Protection of confidential sources of information is guaranteed by law.

ANALYSIS:
So This Is Democracy? 2005

-227-

Media Institute of Southern Africa

Select target paragraph3