AFRICAN MEDIA BAROMETER BOTSWANA 2011 Executive Summary Freedom of expression in Botswana is guaranteed in Section 12 (1) of the Constitution although freedom of the media is not included. The assumption is that this clause provides for freedom of media in particular after Judge IBK Lesetedi in September 2001 stated in a judgement that freedom of the media was one aspect of freedom of expression. This freedom though has limitations 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. Botswana is a signatory to numerous regional and international instruments relating to freedom of expression and media freedom. The majority are yet to be domesticated. For example the government of Botswana is a signatory to the United Nations’ International Bill of Human Rights. However, its conduct during the public workers’ strike was indicative that the content and spirit of this document have not been internalised since children as young as nine-years-old were arrested by the police and held in jail for two days during the strike. The government in its usual fashion denied this. The Media Institute of Southern Africa (MISA) Botswana Chapter has been pushing for an Access to Information Act for years. Toward this end, a Private Members Bill was presented in parliament in 2010 but is yet to be debated. There is a fear that the whistleblower protection legislation may overshadow any hope of getting an Access to Information Act. In regard to websites, there is no requirement for registration unless one requires a .bw domain. In such a case, one has to register with the state through Botswana Telecommunication Corporation. Also, through the national information and communications technology (ICT) policy, known as Maitlamo, the government is making an effort to extend ICTs to all citizens, including those in remote areas. The policy was adopted by parliament in 2007 but has only been implemented in the last two years. This has been viewed as a progressive development. Collaboration between media and civil society in advancing media causes is evident as civil society supports and raises media freedom issues, including through the church (through both the Botswana Council of Churches and the Evangelical Fellowship of Botswana), the Botswana Network on Ethics, Law and HIV/AIDS (BONELA), the environmental group EnviroWatch and the Botswana Secondary AFRICAN MEDIA BAROMETER BOTSWANA 2011 5