of expression and media practice (see 1.1). Some of these laws have been in existence since
1935. The Proscribed Publications Act of 1968 empowers the Minister for Information to ban
any publication or series of publications deemed to be prejudicial or potentially prejudicial to
the interests of defence, public safety, public morality or public health. The Official Secrets Act
of 1963 has a restrictive effect on freedom of speech and expression as regards matters of a
political nature in that the media will not have easy access to information in the hands of the
government. The Books and Newspapers Act, 1963 provides for the payment of a 15 000
Emalangeni [E equals the South African rand] bond to the Registrar of Books and Newspapers
as a pre-requisite for the operation of a print media house. Aspiring media owners, particularly
local Swazi media practitioners, wishing to establish their own media businesses find this
amount prohibitive.
SCORES:
Individual scores: 1, 1, 2, 1, 1, 2, 1, 1
Average score:
1.3

1.4

Entry into and practice of the journalistic profession is legally
unrestricted.

ANALYSIS:
There are no legal restrictions for those wishing to enter or practice the journalistic profession.
An attempt by government to introduce compulsory registration through a statutory Media
Council by way of an imposed Media Council Bill in 1997 was thrown out by Parliament.
SCORES:
Individual scores: 5, 5, 5, 5, 3, 5, 5, 5, 5,5
Average score:
4.7

1.5

Protection of confidential sources of information is guaranteed by law.

ANALYSIS:
Swaziland has no law that protects confidential sources of information (or whistleblowers).
This undermines mutual confidence between journalists and their sources and thus freedom of
expression because sources are reluctant to disclose information for fear of being named. In a
recent litigation case a journalist was forced by a court of law to disclose the source of a story
cited in a defamation case. In the absence of a law protecting confidential sources, such protection remains an ethical rather than a legal issue.
SCORES:
Individual scores: 1, 1, 1, 1, 1, 1, 1, 1, 1, 1
Average score:
1.0

1.6

Public information is easily accessible, guaranteed by law, to all citizens,
including journalists.

ANALYSIS:
So This Is Democracy? 2005

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Media Institute of Southern Africa

Select target paragraph3