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 explicitly guaranteed in section 12 (1) of the Botswana Constitution, which states under Protection of Freedom of Expression that: “Except with his own consent, no person shall be hindered in the enjoyment of his/ her freedom of expression, that is to say, 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/her correspondence.” While the constitution does not guarantee media freedom explicitly, there seems to be an understanding that it is implied by the inclusion of the phrase: “freedom to receive ideas and information”. By this inclusion, the Constitution acknowledges the role of the media and the freedom it should enjoy. There are clawback clauses, however, that impact on freedom of expression - “on the one hand you are given and on the other hand they take. Those limitations are the ones people hide behind to take away freedom of expression.” These limitations include the proviso that freedom of expression will be restricted in the public interest or morality or health but they have never been applied. Additional pieces of legislation (statutory provisions), which seek to limit freedom, include, but are not limited to the law on sedition and the Media Practitioners Act (which is not in full force yet). 12 AFRICAN MEDIA BAROMETER Botswana 2014