African Media Barometer Lesotho 2012 Summary In May 2012, the then ruling party, Democratic Congress (DC) lost out in nationwide elections to various opposition parties that had come together to form a coalition. This coalition government was formed with the aim of ensuring that the DC did not retain power. The coalition government is lead by New Prime Minister, Tom Thabane, from the All Basotho Congress (ABC), with the deputy being Mothetjoa Metsing from the Lesotho Congress for Democracy (LCD). Other smaller parties are also part of the coalition. Prior to the May poll, both the ABC and LCD made various pronouncements regarding the need for media reform in Lesotho, but it still remains to be seen whether they will follow it through now that they are in power. More substantively, Section 14 (1) of the constitution of Lesotho clearly provides for freedom of expression, which covers among other issues, freedom to receive, communicate and exchange ideas and information without interference. In spite of its seeming embrace of such freedoms, this provision is thwarted by existing laws such as the 1967 Official Secrets Acts and the 2005 Public Services Act, which prohibit civil servants from disclosing information received in confidence, among other similar restrictions leaving room for the abuse of such a provision. In addition, the Sedition Proclamation (No.44 of 1938) and the Internal Security (General) Act of 1984 prohibit criticism of the government. The Sedition law endangers journalists’ ability to protect the confidentiality of their sources. Further, laws such as the Parliamentary Powers and Privilege Act undercut journalists’ right to information by providing powers, privileges and immunities for each of the Houses of Parliament and for related matters including printing and publication of proceedings. One consequence of restricting the right to freedom of expression is that journalists operate in a climate of uncertainty and fear. This is particularly so because of the libel and defamation clause contained within common law. As a result, there is an increase in self-censorship by journalists due to extremely high fees in libel cases handed down by courts against publications and airing of information generally seen as critical of the government. Another big hurdle for journalists is the lack of access to public information. For instance, the government signs agreements but does not inform the public even though the information may be of national importance. For instance, an agreement was signed on 11 August 2011, between Lesotho and the South AFRICAN MEDIA BAROMETER LESOTHO 2012 7