African Media Barometer Botswana Sector 1: Freedom of expression, including freedom of the media, are effectively protected and promoted. 1.1 Freedom of expression, including freedom of the media, is guaranteed in the constitution and protected by other pieces of legislation ANALYSIS: Section 12 (1) of the Botswana Constitution states that “except with his consent, no person shall be hindered in the enjoyment of his freedom of expression, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference and freedom from interference with his correspondence.” It is therefore assumed that freedom of the media is also guaranteed by the constitution, in line with a High Court judgment that acknowledges that the freedom of expression clause in the constitution includes freedom of the media and that this is similar to Article 10 of the European Union Convention on Human Rights. While there are general guarantees for freedom of expression in the constitution, there are also a number of legal restrictions and exemptions which limit these rights and freedoms in the name of national security, to protect the rights of other people, to protect the freedom of civil servants to perform their duties and where public order is threatened. There is concern, therefore, over whether the constitutional provisions do indeed provide sufficient protection for the right to freedom of expression and whether all the exemptions do indeed serve a legitimate interest and can be deemed necessary in a democratic society. Among the laws which make it difficult for the Botswana media to operate are: The Directorate on Corruption and Economic Crime Act, which bars the director from giving information on any person who is being investigated; the Public Service Act and the National Security Act, which make accessing information by journalists very difficult; the Official Secrets Act and the Cinematography Act 1975. Under the Cinematography Act, all film scripts must be submitted to the minister responsible for the media for approval (in theory, this would even apply to the videoing of private functions). Any deviations from the original script and changes to be made during the production process must similarly be submitted and await the minister’s permission before they can be implemented. MISA has long been pressing for this Act to be scrapped but it still remains in place, even though it is impossible to implement. It is presently being used in conjunction with the Anthropological Research Act. One panelist said she was recently expected to apply for permission under both laws even for doing research on broadcasting in the country. It was established that almost any kind of research involving human subjects requires previous permission from the Office of the President (OP) – especially if the researcher intends to interview government officials as well. Both Acts are proving to be a nightmare as all stages of the filming are being controlled. They were used two years ago against two journalists who wanted to cover a story on refugees. This So This Is Democracy? 2007 -148- Media Institute of Southern Africa