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: Swaziland is currently governed without a constitution. A Westminster style constitution with a bill of rights that was introduced at independence in 1968 was suspended by King Sobuza II’s Proclamation to the Nation in 1973, which also banned political activities and declared a state of emergency. The new constitution signed into law by King Mswati III on 26 July 2005 will only come into effect in January 2006. Freedom of expression is enshrined under section 24 of the new basic law but “very broad” limitations allow for restrictions. Current legislation neither guarantees nor protects freedom of expression. A recent audit of restrictive media laws (done by MISA-Swaziland) identified 32 pieces of legislation that restrict / inhibit media freedom and freedom of expression. Among these, the 1973 Proclamation seriously inhibits freedom of expression, and therefore freedom of the media. This law bans the media from publishing material whose content is of a political nature or appears to be furthering the cause of banned political parties. The Official Secrets Act has a restrictive effect on freedom of speech and expression in regard to matters of a political nature in that the media will not have access to information in the hands of the government. The Proscribed Publications Act of 1968, enacted directly to restrict the content of media publications, empowers the Minister of Information to declare by notice in the government gazette that any publication or series of publications “prejudicial or potentially prejudicial to the interests of defence, public safety, public morality or public health” be banned. The Sedition and Subversive Activities Act, 1968 criminalizes the publication or the making of oral statements that: · · · · bring into hatred and contempt, or to execute disaffection against the person of His Majesty the King, his heirs, or successors in title; incite His Majesty’s subjects, or inhabitants of Swaziland to attempt to procure otherwise than by lawful means, any matter in Swaziland as by law established; raise discontent or disaffection amongst His Majesty’s subjects and inhabitants of Swaziland; promote feelings of ill-will and hostility between different classes of the population of Swaziland. Customary law also inhibits freedom of expression. For instance, male journalists are culturally not permitted to interview the King’s wives. On the other hand, women cannot speak in public gatherings without obeying certain culturally prescribed forms of behaviour such as kneeling and wearing of head-scarves. SCORES: Individual scores: 1, 2, 2, 1, 1, 2, 1, 2 Average score: 1.5 So This Is Democracy? 2005 -244- Media Institute of Southern Africa