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.
Freedom of expression is guaranteed in Section 14(1) of Lesotho’s Constitution,
which reads:
(1) Every person shall be entitled to, and (except with his own consent)
shall not be hindered in his enjoyment of, freedom of expression, including
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 from
interference with his correspondence.
However, this guarantee “doesn’t go far” because of limitations set in other parts
of the Constitution, which the state uses – supposedly for public interest, defence
and security – to keep the citizens of Lesotho from fully exercising this freedom.
These restrictions can be found in section 14(2) of the Constitution. It reads:
(2) Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section to the
extent that the law in question makes provision a) in the interests of defence, public safety, public order, public morality
or public health; or
b) for the purpose of protecting the reputations, rights and freedoms
of other persons or the private lives of persons concerned in legal
proceedings, preventing the disclosure of information received in
confidence, maintaining the authority and independence of the
courts, or regulating the technical administration or the technical
operation of telephony, telegraphy, posts, wireless broadcasting or
television; or
c) for the purpose of imposing restrictions upon public officers.
While there is general consensus that the clause on freedom of expression extends
to the media, it is not separately or explicitly spelled out; and there are no additional
supporting laws specifically protecting media freedom. The Communications
Act of 2012 speaks more to the regulation of the broadcastingindustry and the

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AFRICAN MEDIA BAROMETER LESOTHO 2015

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