and diversity in the broadcasting sector.
Internet penetration levels continue to rise in
the country, despite high data costs.

Section 26 implicitly relates to the duties of
journalists as it criminalises the disclosure of a
criminal investigation where an order has been
made for confidentiality to be maintained.

A major downside of internet access, for
journalism in particular, is the proliferation of
online “news media start-ups” or blogs that
masquerade as news sources, some of which do
not practice ethical journalism.

Under the act, journalists can be liable to a
fine of up to E100,000 (equivalent to just over
US$5,000) or imprisonment not exceeding two
years, or both, for reporting on the details of
a criminal investigation where confidentiality is
expected.

Such entities have a significant impact in
damaging media credibility. This causes mistrust
of the media among citizens and further
contributes to the spreading of misinformation
and disinformation.

According to the Act, confidentiality can be
stated by law. This clause has the potential
to inhibit reporting on high profile cases if
confidentiality is mandated by the courts.

From a policy perspective, Eswatini needs
to do more, especially on gender and media
issues. According to a 2022 report by UNESCO
and the International Centre for Journalists
(ICFJ), 73% of women journalists surveyed,
reported experiencing online attacks related to
their work (3).

Prior to its passing, there was a strong
sentiment from the sector, that the aim of this
Act is to target journalists who are critical of
the state and who reside outside of Eswatini, in
particular South Africa-based online publication,
Swaziland News, and its editor, Zweli Martin
Dlamini.

The research also found that 25% of women
journalists experienced threats of physical
violence, including death threats, and 18%
experienced threats of sexual violence.

It remains to be seen whether this will be the
case, given the provision of extra territorial
jurisdiction in Section 31 of the act.

In light of these findings, it is critically
important to explore the experiences of female
journalists for contextually sound strategies and
solutions in Eswatini.

However, the country’s inability to protect
journalists and media workers from attacks and
intimidation is an impediment to the diversity
and quality of stories being reported as it affects
“the kinds of voices we hear, the stories we
read, and ultimately the freedom and quality of
the societies we live in.” (4)

Legal and regulatory
frameworks

This is an impediment to the diversity and
quality of stories being reported.

The importance of access to information
legislation cannot be overstated as freedom
of information plays a key role in supporting
democracy.

Media pluralism and
diversity

The absence of an access to information law
further hinders the ability of journalists’ to
access information from those in public office,
as per the mandate of the sector to hold those
in power to account.

The State’s domination of the media landscape,
demonstrated by its total control over the
broadcast media, is well documented.
However, the passing of the Eswatini
Broadcasting Act in 2023 is a positive
development that has potential to encourage
media pluralism and diversity in the broadcasting
sector.

Restrictive legislative frameworks such as the
Sedition and Subversive Activities Act (1938)
(SSA Act) and the Suppression of Terrorism
Act (2008) (STA), have been used to curb
fundamental freedoms and convict and imprison
human rights defenders and journalists.

One of the objectives of the Act is to provide
for maximum availability of information to the
people through the three-tier system of public,
commercial and community broadcasting
services.

More recently, the Computer Crime and Cyber
Crime Act, passed in 2022, has the potential to
negatively impact journalism in the pursuit of
freedom of information.

The absence of regulations notwithstanding, it

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