SECTOR 1 Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 2.9 (2010 = 2.1; 2008 = 1.9; 2006 = 2.1) 1.2 The right to freedom of expression is practised and citizens, including journalists, are asserting their rights without fear. People are fearful of expressing themselves and this is mainly due to common law which contains within it aspects relating to libel and defamation. Several cases of defamation have been brought on by individuals and in some cases the government. There is a culture of using the courts to fight issues reported in the media. Lesotho has a culture of using the courts to fight issues reported in the media and, thus, can be considered one of the most litigious countries in Africa. “If you say something nasty about someone, then expect to get a summons the next day. It is a weapon that people use.” According to a statement on the Freedom House website page which quotes MISA: “In recent years, extremely high fines have been handed down by the courts in libel cases against publications and radio stations known for criticizing the government, forcing some to the verge of closure.”1 The former head of state was known as “the suing Prime Minister” because he was always taking different media houses – print and broadcast – to court for defamation. Journalists are harassed, and this was more evident in the build up to the last elections in May 2012, during which there were cases of physical attacks by political party activists against media personnel. “I suffered in 2010 when I wrote a story about Members of Parliament being able to receive 25% of their gratuity after being in office for 2 years, instead of 1 Freedom House – Lesotho, available at http://www.freedomhouse.org/report/freedom-press/2011/lesotho AFRICAN MEDIA BAROMETER LESOTHO 2012 15