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.
The Constitution of the Republic of Mozambique (CRM) specifically guarantees
both freedom of expression and freedom of the press. In the initial part of its Article
3, the CRM establishes that “The Republic of Mozambique is a Constitutional
State, based on pluralism of expression” which is subsequently reproduced by
Article 48, also of basic law, and in its first point states that “All citizens have
the right to freedom of expression, freedom of the press, as well as the right to
information”.
Specifically, freedom of the press is guaranteed, protected and promoted by
Law No. 18/91, of August 10 (Press Law), which, although it was drawn up and
approved in the context of a one party state, is at the moment formally opnening
up to mutli-party democracy, with the approval of the CRM of 1990, and it
establishes the basic principles and guidelines for the functioning of a pluralistic
press. Among these various aspects, the Press Law guarantees the professional
secrecy of the journalist, prohibits censorship, acknowledges creative freedom
by journalists and generally allows them the possibility of providing proof when
asked or legally required to do so, except when the complainant is the Head of
State, which is fairly problematic.
In addition to the CRM and the Press Law, the Universal Declaration of Human
Rights (UDHR) and the African Charter on Human and Peoples’ Rights (ACHPR),
which, in terms of Article 18 of the CRM, are in effect in Mozambique as Infraconstitutional laws, clearly protect and promote freedom of the press and freedom
of expression. In addition, there is other legislation in effect in the country which
protects and promotes these two basic freedoms, taking into account that
it is reasonably felt to be open to access of information in the public interest.
Included here is Law No. 14/2011 (Law of Administrative Procedure), Decree No.
30/2001 (Operating Standards of Public Administration), a Law for the Protection
of Whistleblowers and the Law on the Right to Information [approved by the
Assembly of the Republic (AR) on November 26 2014].

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AFRICAN MEDIA BAROMETER MOZAMBIQUE 2014

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