self-regulatory body and monitor the press in an effort to achieve high professional standards;
and accredit journalists. As this is a discussion document, the MCST will conduct consultations throughout the country before the bill is presented to cabinet and parliament.
The government has also drafted a policy on Information and Communications Technology
(ICT), which is due for parliamentary debate during the February-April 2006 session. The
policy seeks to transform Botswana into a globally competitive, knowledge-based society,
empowering communities by providing schools, libraries, community centres and other institutions with access to television, radio, and internet services. We feel such an ICT policy must
be predicated upon an environment conducive to access to information and this has been stressed
in ICT policy discussions.

Defamation
The Press Council’s Media Complaints Committee (MCC) adjudicated in two complaints, one
lodged by the ruling BDP and the other by Princes Marina Hospital.
In the case of the ‘BDP versus Mmegi newspaper’, the ruling party protested that even though
a rape case was pending against its candidate for the Gaborone West North by-elections, Robert Masitara, Mmegi published an article against him on its front page entitled ‘Vote Moupo’.
The BDP maintains this created the impression that Masitara had already been found guilty
and that the party’s endorsement of his candidature was an act of immoral complicity. In arbitration, the MCC exonerated Mmegi, arguing that newspapers have the right to express their
opinions. The MCC asserted that international media ethical standards and the Media Code of
Ethics do not in any way impede this sacrosanct right.
In the case of ‘Princess Marina Hospital versus Echo’, the latter had published a story entitled
‘Knife Horror’ and a front-page photograph of a pregnant in-patient who had been admitted to
the hospital after her lover allegedly cut open her belly with a knife. The hospital argued that
the newspaper surreptitiously interviewed and photographed its client without obtaining
authorisation.
Although the MCC felt the reporter should have informed the hospital authorities about her
intentions, there was no evidence from the patient to suggest that she had committed ethical
misconduct. Furthermore, the hospital could not produce a policy on interviewing or photographing in-patients, which the MCC could use to assess the validity of the hospital’s claim.
Echo was cleared of misconduct.
We are concerned that defamation claims by those in powerful positions are on the rise. The
media is faced with costly litigation or settling out of court, which currently appears to be the
trend.

Access to information
The Botswana government appears reluctant to pass the Freedom of Information Act, which
has been recommended by the country’s Vision 2016. Unfortunately, during 2005 the media,
political parties and civil society groups had limited input on this matter, although it has been
raised extensively during ICT policy discussions as well as during the discussions on the media bill taskforce.
However, the BDP has promised to offer the media more access to information about its activities. The government has also undertaken to appoint media liaison officers to facilitate the flow
So This Is Democracy? 2005

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Media Institute of Southern Africa

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