Botswana
position to help get a good test case through the Botswana courts,
even as a friend of the court, especially where a fundamental right
is being threatened or general human rights issues are involved.
The example of Tanzania was quoted in this regard, where the Media
Council always takes its position as a friend of the court whenever
the media in that country is dragged before the courts by litigants.
MISA should do more to educate the media about these matters as
they can ultimately affect press freedom and freedom of expression
and have a chilling effect on the investigative media. There should
also be more proactive-ness on the part of the media – for example
by making greater use of the Babegi Legal Defense Fund to fight
their cases in the courts.
Generally, professionalism needs to be improved to avoid lawsuits
as a result of misquoting and other mistakes made by the media
themselves. They are expected to report responsibly and involve
their in-house lawyers more in their daily operations to ensure that
their reports are beyond legal reproach. They should also invest
more money in protecting themselves and taking out professional
insurance against litigation.
Participants agreed that the mere fact of litigation being brought
against the media is not necessarily a hindrance to their being able
to work freely. It is only when the right to sue is being abused for
example by people in positions of authority that there is cause for
concern.
Another point of concern is the use of the Immigration Act to curtail
freedom of expression. The deportation of Professor Good was cited
as one worrying example. There have also been two other cases
where the relevant clause in the Act has been used to expel foreign
journalists from the country. This means that the Immigration Act
can be used by government to intimidate foreign journalists working
in Botswana.
African Media Barometer - Botswana 2007

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