and be accredited with a media council. It also
created an enormously powerful complaints
committee with the authority to fine and
deregister journalists who violate an ethics code
that includes “fair competition”, “protection of
privacy” and “unlawful publication of defamatory
matters”.

The Media Practitioners’ Association (MPA) Act
of 2022 will likely succeed in policing journalism
in Botswana because of the absence of strong
and active civil society bodies.
At the same time, Parliament attempted to
fast-track the Criminal Procedure and Evidence
Bill to give state security organs power to
intercept communication and force disclosures.

As elections approach in October 2024, political
parties are growing increasingly sensitive to
media coverage that portrays them negatively,
often expecting favourable treatment.

The Bill had a chilling effect on press freedom.
Both the Botswana Editors Forum (BEF) and
the Media Institute of Southern Africa (MISA)
Botswana chapter are poorly resourced to
effectively counter an increasingly intolerant
BDP and the proliferation of misinformation
during an election.

The regulatory body, Botswana Communications
Regulatory Authority (BOCRA), is particularly
active in ensuring broadcasting entities adhere
strictly to regulations.

Consequently, it is hard for independent media
to thrive and invest in accountability journalism
when government is limiting press freedom.

Critics say BOCRA is a BDP tool used to whip
certain radio stations into submission. The
Authority has powers to suspend the licence for
a media organisation that does not adhere to its
strict regulations.

Taking on the new form of
censorship: Lawfare

As a result, editorial freedom in radio and TV is
often constrained due to fears of losing licences.
No stringent statutory editorial requirement
exists in print, although the 14 private
newspapers are expected to self-regulate under
the defunct Press Council of Botswana.

Development in the media sector is constrained
by the small size of the advertising market, which
is dominated by public procurement notices.

Some members of civil society organisations
claim that the government occasionally censors
news stories it deems undesirable in governmentrun media. Government and private journalists
sometimes practise self-censorship.

Advertising is not allocated equitably, but in
accordance with the degree to which media
outlets toe the government line.
The decline in advertising revenue as a result
of the COVID-19 pandemic has fuelled selfcensorship by media outlets seeking to retain
advertisers.

In general, Botswana’s ruling elite is highly
litigious. In some cases, litigants often abandon
baseless defamation cases after years of
litigation, draining the financial resources of
struggling media houses.

The opposition has accused some privately
owned media of being in the pay of the
government, saying the skewed reporting in
favour of the BDP is meant to influence the
government to allocate them advertising.

Sometimes, public figures and politicians, who
are subjects of stories pursued by journalists,
ignore inquiries for a long time, only to later sue
the journalist or media house for defamation,
despite being given the right of reply.

In a move that sparked alarm among journalists,
the government attempted, but ultimately
failed, to include provisions for unwarranted
surveillance in the 2022 Criminal Procedure and
Evidence (Controlled Investigations) Bill, which
Parliament enacted in February.

For example, a former Cabinet minister and
Member of Parliament for the ruling party,
Nonofho Molefhi sued the Botswana Guardian
newspaper for defamation on behalf of his
company — despite the fact that ABM had been
afforded an opportunity to respond to media
questions.

In July, Parliament passed the Media
Practitioners’ Association Bill. Although viewed
as a significant improvement from the 2008
Media Practitioners Act, journalists expressed
concerns over the creation of a formal register
for journalists and media enterprises.

While media houses have seen a decline in
lawsuits in recent years, there is concern over
the increasing damages awarded against them.

The new law compels all journalists to register
STATE OF PRESS FREEDOM IN SOUTHERN AFRICA 2023

For instance, in September 2023 a High Court

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