voicing opposition to statutory regulation, critiquing the six media bills and
conducting media content research.
•

The Ministry of Public Service and Information (in particular the Director of
Information), which is tasked with implementing the Information and Media Policy
and is overseeing the drafting of new media legislation.

•

Journalists who are willing to take risks by resisting self-censorship and censorship
from the authorities.

Possible obstacles for further development:
•

Parliament: despite the adoption of the Constitution, Parliament has demonstrated
opposition to freedom of expression and media freedom, in particular. For example,
there have been two parliamentary investigations into journalists who criticised public
officials or institutions. In addition, politicians generally assume they ought to sue
for defamation when criticised in the media for the performance of their public duties.

•

Individual ministries that try to hamper media activity; e.g. Ministry of Health
recently barred journalists from entering government hospitals.

•

The Media Commission Draft Bill, which is an attempt by the Ministry of Public
Service and Information (MOPSI) to introduce statutory regulation.

•

The consultation process on the six media bills has been poorly managed by the
consultant and, so far, not included all stakeholders. Stakeholders who participated
and expressed their dissatisfaction with the draft bills and the consultant have not
been informed by the MOPSI as to how the process will move forward.

•

The lack of law reform. All 32 media unfriendly laws identified by MISA Swaziland in
2003 remain on the statute books and need to be systematically repealed or amended
to bring them into line with the Constitution. However, there is no Media Reform
Commission to spearhead this.

•

Certain cultural expectations (e.g. do not question or criticise those in authority),
which suppress freedom of expression and media freedom.

•

Swazi Law and Custom, which can conflict with the constitutional protection of
freedom of expression, but is unwritten and cannot be tested against the Constitution.

Activities needed over the next few years:
•

A skills audit should be conducted in all media houses to assess the existing capacity
of media practitioners at all levels.

•

Skills development opportunities for working journalists should be increased, both
in-house training as well as enrolment in external part-time or full-time courses.

So This Is Democracy? 2007

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Media Institute of Southern Africa

Select target paragraph3