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:

1.8 (2005 = 1.9; 2007 = 1.9; 2009 =1.3)

1.3
There are no laws restricting freedom of
expression such as excessive official secret or libel
acts, or laws that unreasonably interfere with the
responsibilities of media.
“The constitution states that you are free to express yourself, but there are various
‘claw-back’ laws that limit this freedom.”
One such law is the Public Service Act (PSA) of 2008, which restricts civil
servants from expressing themselves. They can be dismissed instantly for speaking
to the media or providing information without the permission of the minister or
the permanent secretary.
The laws restricting freedom of expression include the Intelligence and Security
Services Act, which established the spy unit, the Directorate of Intelligence, and
Security Services (DISS). Other legislation, which impinges on the ability of the
media to perform its duties are the National Security Act, the Public Service
Act, the Cinematography Act, the Police Act and the Corruption and Economic
Crime Act.
Under the Cinematography Act, for example, every film script needs to be approved
by the state, as well as any changes made to such scripts during production.
The Botswana Penal Code contains provisions for criminal libel, sedition and the
publishing of “false news” or news that might “alarm the pubic”.
The Media Practitioners Act (MPA), which among others requires all journalists
and publications to register with the state, was passed in December 2008 but is
not yet operational as regulations still need to be passed and a commencement

AFRICAN MEDIA BAROMETER BOTSWANA 2011

13

Select target paragraph3