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 28