SECTOR 1

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 Lesotho came into existence after the publication of the
Commencement Order in 1993. According to Section 2, the constitution is the
supreme law of Lesotho and if any other law is inconsistent with its provisions,
such other law shall to the extent of the inconsistency be void. The constitution
guarantees several civil rights, including freedom of expression provided in
Section 14. Section 14 (1) states:
Everyone 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 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.
The right to freedom of expression is three-pronged: the right to hold opinions; to
receive ideas and information; and lastly to communicate without interference.
Although freedom of the media is not specifically guaranteed in the constitution,
journalists in Lesotho do enjoy relative freedom. However, the right to freedom
of expression has its limitations. Sections 14 (2) and (3) set out the basis upon
which the right to freedom of expression may be limited. These limitations are
justifiable and are based on the grounds of security, public health and morality.
The problem, however, is that freedom of expression is supported by common
law and not parliamentary legislation. Therefore, legal rules and principles are
decided on a case-by-case basis, rather than on legislative law.
‘The constitutional provisions on freedom of expression are adequate, but what
is lacking is the implementation law.’
Panellists were in general agreement that Lesotho needs a media law that
encompasses and supports the freedom of expression guaranteed in the
constitution, although the country still has several laws that can erode it. Laws
such as the Sedition Proclamation (No. 44 of 1938) and the Internal Security
(General) Act of 1984, prohibit criticism of the government, provide penalties
for seditious libel and endanger reporters’ ability to protect the confidentiality
of their sources. The 1967 Official Secrets Act and the 2005 Public Service
Act prohibit civil servants from disclosing information, thus not only insulating
government institutions from scrutiny but also making it difficult for journalists
to conduct investigations.

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AFRICAN MEDIA BAROMETER LESOTHO 2018

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