The recommendation by the ANC leadership to set up a media tribunal is a clear sign of the
growing discomfort and failure to get used to media scrutiny by those in power. The South
African media has adequate voluntary mechanisms through which the publics’ concerns on
the work of the media can be addressed. And the civil courts remain open to those who do not
believe in voluntary arbitration. One wonders where the proposed tribunal will fit and how it
will serve those in power.
The gagging of newspapers especially the Mail and Guardian and The Sunday Times and legal
suits against journalists and media organisations in 2007, sends a clear message to the media
on how it is expected to perform.

New media laws in southern Africa: to what end for media and freedom of
expression rights?
It is interesting to note that in 2007 new laws, which impact on media and freedom of expression
rights were either proposed, debated or implemented in all corners of southern Africa. These
include the Freedom of Information Bill in Mozambique, media regulation laws in Swaziland,
the Freedom of Information and Independent Broadcasting Authority Acts in Zambia and new
media laws in Tanzania.
The passing and implemention of the aforementioned laws in Zambia attests to the successes
of MISA in advocating for democratic laws. This example, though slow and flout with pitfalls,
can still be replicated in other countries. Zimbabwe proposed amendments to the infamous
AIPPA, POSA and BSA in December 2007. These amendments are not expected to make any
positive impact on the media situation.
Swaziland remains an interesting case of a cover up of repression under the guise of Parliamentarianism. There is but one law in Swaziland, the word and wishes of the King. While Tanzania
records few media and freedom of expression violations as compared to other countries in the
region, proposed media laws seeking to set up and impose statutory regulation, point yet again
to another example of legislative regression with regard to media rights. It should be pointed
that the Tanzanian Media Council is one of the few success stories of voluntary regulation that
should be protected.

Conclusion
The state of the media in southern Africa remains a mixed bag of successes and challenges.
MISA remains committed to its cause and celebrates that no journalist is behind bars in the
11 countries monitored and that the broader civil society is engaging more actively on media
and freedom of expression issues. Sadly the situation in Lesotho, Zimbabwe and Swaziland
remains a cause for concern needing constant attention.

So This Is Democracy? 2007

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Media Institute of Southern Africa

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