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.
Section 12 (1) of the Botswana Constitution guarantees freedom of expression:
“Except with his own consent, no person shall be hindered in the enjoyment
of his freedom of expression, that is to say, 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
“All the tenets
from interference with his correspondence.”

of freedom of
expression are
provided for (in the
constitution) but
state machinery
exists to take away
this freedom… ” .

Although freedom of the media is not included, it is
assumed that the above clause includes this, especially
after Judge IBK Lesetedi in September 2001 stated in a
judgement that freedom of the media was one aspect of
freedom of expression.
Freedom of expression can be limited through broad
provisions related to defence, public safety, public order,
public morality, public health, other people’s rights, as well
as protecting the freedom of civil servants to perform their
duties, among others.

“All the tenets of freedom of expression are provided for (in the constitution) but
state machinery exists to take away this freedom… The law allows the government
to do what it wishes.”

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AFRICAN MEDIA BAROMETER BOTSWANA 2011

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