SECTOR 1

Freedom of expression, including
freedom of the media, is effectively
protected and promoted.
1.1 Freedom of expression, including freedom of the
media, is guaranteed in the constitution and supported by other pieces of legislation.
Panellists agreed that freedom of expression is contained in the Constitution but it
is but it is not specific nor does it explicitly address freedom of the media.
Section 14 of the Constitution of Lesotho states that:
“(1) Every person shall be entitled to, and (except with his own consent) shall not
be hindered in his enjoyment of freedom of expression, including freedom to hold
opinions without interference, freedom to receive ideas and information without
interference, freedom to communicate ideas and information without interference
(whether the communication be to the public generally or to any person or class
of persons) and freedom from interference with his correspondence.”
However, it is restrictive in the sense that the legislation goes on to say:
“nothing contained or done under the authority of any shall be held to be
inconsistent with or in contravention of this section to the extent that the law in
question makes provision:
(a) In the interest of defence, public safety, public order, public morality,
public health
(b) For the purpose of protecting the reputations, rights and freedoms
of other persons or the private lives of persons concerned in legal
proceedings preventing the disclosure of information received in
confidence, maintaining the authority and independence of the courts,
or regulating the technical administration or the technical operation of
telephony, telegraphy, posts, wireless broadcasting or television: or
(c) For the purpose of imposing restrictions upon public officers.”
Freedom of the media and freedom of expression are not supported by other
pieces of legislation.

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AFRICAN MEDIA BAROMETER LESOTHO 2012

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