“ Lesotho media has, since democratic rule, operated under a relatively free constitutional dispensation that extends a general protection of the freedom of expression to all citizens. However, several media-unfriendly laws still exist on the statute books and ought to be repealed – the Sedition Proclamation Act of 1937 and the Internal Security Act of 1984 to mention but a few.” – Thabo Motlamelle, State of the Media in Southern Africa, 2003 Media policy The issue of media policy in Lesotho continues to be beset by obstacles. Since the 1990s, the government and independent media houses have been involved in drafting a media policy. This has never been adopted by the government, however, which has since drafted a new Information Communication Technology (ICT) policy, incorporating the policies for both print and electronic media. MISA Lesotho has expressed misgivings with the view that an ICT policy would fail to address issues central to regulating the media environment. MISA Lesotho is concerned that the ICT policy essentially addresses technological issues, instead of the deployment of that technology and the institutional mechanisms that are necessary to ensure that the principles of freedom to information and freedom of expression are respected. The Ministry of Communications convened a broad-based stakeholders’ meeting to debate the ICT policy, and it was criticised by civil society and business sector stakeholders. It has since come to the attention of the stakeholders that the government went behind their backs to produce a draft policy bill which is now ready for distribution to stakeholders for consultation. The latter are skeptical about the policy, arguing that government did not adhere to the guidelines and principles they propounded. Media law and freedom There is no specific law that regulates the media in Lesotho. Rather, there are various pieces of legislation which impact on the media, as well as principles of common law, introduced with the British colonial rule in Lesotho. A media law audit commissioned by MISA in 2002/3 identified a number of laws that impact on the media in Lesotho. It emphasised the importance of having a clear legal and institutional framework within which the media operates, namely a media-specific law. This would enhance freedom of the press and of expression, as well as raise the levels of professionalism within the media. As Lesotho has ratified both the International Convention on Civil and Political Rights and the African Charter of Human and Peoples’ Rights, any legislative or regulatory framework in the country has to be in line with these international instruments, as well as media practice in general. Although the constitution guarantees every person fundamental human rights and freedoms, including the right to freedom of expression, the constitution does not make any specific reference to media freedom. It has been suggested that a new clause that specifically mentions freedom of expression as including media freedom should be added to the constitution. Audits The Lesotho media currently lacks regular audience audits to determine a newspaper’s readership, for example, in relation to the country’s population. Such audits could also assist the courts in determining the extent of damage suffered by a plaintiff and the compensation due to them for damages to dignity and fame. There is, however, no frame of reference to support this So This Is Democracy? 2005 -52- Media Institute of Southern Africa