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. 9 AFRICAN MEDIA BAROMETER LESOTHO 2018