Reflecting on 2014
particular this year, media workers were
targeted while using their cameras, most
often during demonstrations. This lead us
to theme this year’s report, ‘photojournalists under fire.’
The year 2014 was a concerning year for
media freedom the world over. As wars
raged across the globe, governments lead
the fight for information, seeking to control media messages through violence,
intimidation, restrictive legislation and
unfair arrests and sentences.
On behalf of MISA, I express our outrage
over the continued obstruction of media
freedom and free expression in the SADC
region, demonstrated by restrictive legislation, misuse of legislation like criminal
defamation laws, unwillingness to pass
positive media policies and legislation,
and violations perpetrated against media
workers and activists.
This year, MISA is particularly outraged by
the unreasonable sentencing of the editor
of independent Swazi magazine The Nation, Bheki Makhubu and human rights
lawyer Thulani Maseko to two years in
prison, without the option of a fine, on 25
July 2014 in Mbabane, Swaziland.
The harsh sentence followed Makhubu’s
and Maseko’s conviction on contempt of
court charges on 17 July 2014, for separate news articles each wrote criticising
the kingdom’s chief justice. The ruling
is unreasonably severe and is clearly intended to send a message to those who
might contemplate future criticism of
Swaziland’s judiciary. A ruling such as
this serves to instil self-censorship among
Swazi journalists – as journalists fear the
consequences of speaking out against the
oppressive government.
We were greatly encouraged in 2014 by
the December 2014 ruling by the African
Court on Human and Peoples’ Rights, in

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So This is Democracy? 2014

the case of Konaté v Burkina Faso, which
found that prison sentences as penalties
for defamation violate the African Charter on Human and People’s Rights and
the International Covenant on Civil and
Political Rights. The African Court on Human and Peoples’ Rights ruled criminal
defamation laws cannot include custodial
sentences or sanctions that are disproportionate, such as excessive fines.
This was a landmark ruling that will have
far reaching impact on media freedom in
the region as the judgment is binding on
African Union member States. We note
with disappointment, however, the continued use of archaic laws criminalising
expression and impeding journalists from
doing their jobs without obstruction or
fear of being threatened or arrested. As
we go to print, in 2015, we are calling on
the government of Angola to respect this
ruling and to uphold the right to free expression in the trial of Angolan journalist
and human rights activist Rafael Marques
De Morais.
Angolan journalist and human rights activist, De Morais, is facing 15 libel charges, in addition to the nine charges for
criminal defamation arising from a book
published in 2012, Blood Diamonds: Corruption and torture in Angola. The book
contains details of more than 100 killings
and torture cases against civilians and
small-scale miners at diamond mining
fields in the Cuango region in Angola, allegedly carried out by security guards and
members of the Angolan army. De Morais
will face nine years in jail and libel fees
of £800,000 (R14 333 246.69) if found
guilty.
Defamation still continues to be a crime
punishable by imprisonment in Angola
and under its 2006 Press law, journalists
who criticise the government face grave
reprisals. Despite Angola being a State
Party to the African Charter on Human

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