SECTOR 1 To date, eSwatini has no Access to Information law. In addition, the development of a Broadcasting Bill (which begun in 2007 and has seen at least three renditions since then) remains stalled. Furthermore, while the provisions in Section 24 (1) and (2) exist in the constitution, several limitations to these freedoms exist. These include, amongst others, the Proscribed Publications Act of 1968; the Books and Newspapers Act of 1963; the Cinematography Act of 1920; and the Sedition and Subversive Activities Act of 1938 – all of which stifle the media freedoms provided for in the constitution. One panellist noted, ‘It is an observed practice by the courts to further stifle media freedom through defamation judgements. They are very restricting regarding how they define defamation and criminal defamation is still on statutes.’ Panellists also pointed out that despite the constitutional provisions, freedom of the media has come into question. The late-2017 closure of the newspaper, Swaziland Shopping, was highlighted as a case in point. ‘There was a newspaper [called] Swaziland Shopping. One week it published something the authorities didn’t like and the next [week], it was closed down.’ 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: ✓ ✓ ✓ ✓ ✓ ✓✓ ✓ ✓ ✓✓ 2.4 (2005: 1.5; 2007: 2.1; 2009: 2.1; 2011: 2.3; 2014: 19) 1.2 The right to freedom of expression is practised and citizens, including journalists, are asserting their rights without fear Panellists were in general agreement that the practise of the right to freedom of expression is highly constrained in the kingdom, with both citizens and the media finding it difficult to assert this right without fear. ‘Broadly, there is a lot of fear. When it comes to freedom of expression, what has cemented silence is that we have real life examples of reprisals faced by citizens and journalists when they speak out. People have been arrested and people will be cautioned.’ 10 AFRICAN MEDIA BAROMETER ESWATINI 2018