remains to be seen whether rules of entry are
not so stringent that they become prohibitive,
particularly
for
community
broadcasting
services. (5)

to cut communication with “proscribed entities”.
This short-sighted decision not only hampers
the government’s own right to respond, but
affects media plurality as well.

Community
broadcasting
services
are
significant because they provide a voice for
communities that are not adequately served by
other broadcasting sectors.

Media independence
In Section 24, the constitution of the Kingdom
of Eswatini guarantees freedom of expression
for both individuals and the press. However,
limitations to this provision arise in Section
24(3).

Currently, there are only two licensed
community radio stations in Eswatini; the Voice
of the Church FM, also called Trans World
Radio Swaziland, which has a predominantly
Christian audience as well as UNESWA FM,
licensed under the University of Eswatini for
academic purposes.

Section 24(3)(b) allows for laws that limit
the right to freedom of expression, provided
that this is reasonably required for “protecting
the reputations, rights and freedoms of
other persons, or the private lives of persons
concerned in legal proceedings” (8).

Other community radio stations, such as
Lubombo Community Radio, are still awaiting
an enabling legal environment to operate (6).
In a context where radio remains a popular
medium in the country, the absence of licensing
mechanisms for community broadcasters has
serious implications on access to information,
media pluralism and participation at grassroots
level.

Laws that protect reputations have been used
against the media in defamation cases, resulting
in media institutions having to self-censor to
avoid legal battles.
Defamation cases against journalists in
Eswatini are well documented, with almost all
publications having been brought to court on
charges of defamation. The chairperson of the
editors’ forum was, at one time compelled to
raise concern about the frivolity of these cases.

The print media landscape remains unchanged
following the entry of a new player in 2022 — the
Rubicon Africa Media Group — which publishes
the Eswatini Financial Times, Eswatini Daily
News and Eswatini Sunday News.

In recent years, defamation laws have landed
almost all publications in court, with the
exception being publications published under
the newly-established Rubicon Africa Media
Group.

This media group joined the ranks of the
privately-owned Times of Eswatini and the
Eswatini Observer, but with a slight difference.
The Observer Group is effectively controlled
by the royal family, through Tibiyo TakaNgwane
while the Times of Eswatini Group, although
independent of government, practises high
levels of self-censorship due to the country’s
constrained media environment.

According to the chairperson of Eswatini
National Editors’ Forum Mbongeni Mbingo,
“defamation laws are regularly used to punish
journalists and publications with crippling fines
that have the effect of closing newspapers
down” (9).

In 2023, Eswatini ranked 111 out of 180
countries on the Reporters Without Borders
World Press Freedom Index (7).

This leads to self-censorship by the media,
as it seeks to protect itself from lawsuits and
keep media businesses open, thus inadvertently
harming democracy and stifling the free-flow of
information in the process.

This is a 20-point improvement from 2022,
when Eswatini was ranked 131. The Sedition and
Subversion Act (SSA), 1938 and Suppression
of Terrorism Act (STA), 2008 have also had
an enormous impact on media pluralism and
diversity.

Safety of journalists
Intimidation has been used to curtail freedom
of expression among journalists.

The South Africa-based online publication,
Swaziland News, and its editor, Zweli Martin
Dlamini were declared proscribed entities under
the STA.

The safety of journalists and media workers
is not guaranteed in Eswatini. Journalists face
intimidation from the state and the public.

Subsequently, the government took a position
STATE OF PRESS FREEDOM IN SOUTHERN AFRICA 2023

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