for violating section 44 of the Corruption and Economic Crime Act. The Act prohibits anyone from divulging information regarding ongoing DCEC investigations. Botswana has no regulations governing publicly funded advertising to the media. There is no objective criteria for the distribution of this advertising nor is there transparency on processes or spending outcomes. There are numerous issues that the media are contending with — in terms of content and as practitioners such as: lDiscrimination against indigenous San people, migrants, refugees, and LGBTQ+ community persists. In the past, the government has instituted advertising bans on critical media outlets. For example, in 2014, the government of former President Khama reportedly issued a initially “secret” directive blacklisting private media outlets critical of the government from receiving public advertising, including the Sunday Standard, Mmegi, Botswana Guardian, Weekend Post and the Patriot on Sunday. lAlthough there has been a decrease in the number of legal cases against journalists, punitive damages are increasingly awarded against media houses for publishing stories of public interest. The government later confirmed the directive and claimed that the ban was related to costcutting measures. Journalists in both print and broadcasting are frequently expected to abandon a critical approach on topics that the government deems sensitive and instead, report them from a partisan perspective. The surreptitious advertising ban remains in effect, negatively impacting the competitiveness and sustainability of many media organisations. When journalists and editors raised concerns about the government’s diamond sales and marketing agreement with De Beers, they had to contend with accusations of being unpatriotic — primarily from ruling Botswana Democratic Party (BDP) activists. Furthermore, the legislative environment, including the Broadcasting Act amendments, appears to stifle media development with overly censorious provisions. There are also a number of statutes that contain provisions, which, when looked at closely, undermine the public’s right to receive information and the media’s right to publish information. There have also been challenges for journalists around access to information, which can serve as a means of controlling the media, as critical reporters often struggle to get access to senior government officials. Journalistic activities in Botswana face challenges due to laws like the National Security Law, Declaration of Assets and Liabilities Act (DALA), and the Directorate on Intelligence and Security Act, along with strategic lawsuits used to silence critical reporting. Some newspapers, previously known for their judicious stance towards former President Khama, have noticeably softened their tone and shifted their editorial stance to serve as propaganda mouthpieces for the current administration. Many statutes, stemming from Botswana’s colonial legacy, restrict media freedom, covering offences like alarming publications, sedition, prohibited publications and insults. The government tends to favour media outlets or editors who produce favourable stories. These outlets are then rewarded with advertising, which in Botswana is misused as a tool of influence and control. These provisions often lack clarity, create speculative offences, and grant wide discretionary powers to enforcers, raising concerns about their constitutionality and their impact on press freedom. These media outlets engage in self-censorship to avoid alienating government advertisers and ensure a consistent flow of revenue, which is crucial for their financial sustainability. Section 12 of Botswana’s constitution guarantees freedom of expression, but enshrines no specific protections of the media. As in many media markets, many private media in Botswana rely on advertising revenue for survival. State-funded advertising is particularly influential given the country’s small economy. And although an opposition Member of Parliament proposed the enactment of a Promotion of Access to Information Act, the country has no legislation that compels government transparency. Public advertising is, at best, arbitrary; at worst, it is misused to reward friendly coverage and punish critical reporting. 27 STATE OF PRESS FREEDOM IN SOUTHERN AFRICA 2023