registration to the association. The professional bodies are independent institutions or organisations whose founding documents or constitutions are very clear with regards to who can and cannot be registered as a journalist. The focus of this Media Practitioners Bill should therefore be on registration with the Association, being the body established through this proposed law. provisions of other laws that unjustifiably limit the right to media freedom and free expression. One of the Committees of the Association will be the Ethics and Conduct Committee which is responsible for the development of a Code of Ethics for journalists and media enterprises. It is progressive that the law provides that after developing or reviewing the Code, the Committee shall submit it to the annual general meeting of the Association. This is crucial as it will provide a consultative process in the development of the Code of Ethics and the involvement of the media industry and stakeholders in the process. This position was reaffirmed by the Constitutional Court in the matter of MISA Zimbabwe vs Ministry of Justice, 2016, and declared that criminal penalties for defamation are a disproportionate and unnecessary interference with freedom of expression. The Bill indicates that the Code of Ethics should include the following aspects: • Duties and obligations of journalists and media enterprises. • Protection of minors. • Protection of persons suffering from a physical or mental disability. • Advertising. • Fair competition in the media industry. • Protection of privacy of individuals. • Unlawful publication of defamatory matter in accordance with the provisions of the penal Code. • Continuous professional development of journalists. • Sexual exploitation or abuse. • Gender equality. • Unbiased and unfair treatment. The key concern regarding the above aspects is the requirement to include unlawful publication of defamatory matter in accordance with the provisions of the Penal Code. The Botswana Penal Code in Section 192 provides for criminal defamation and in Section 195 provides for unlawful publication. The Code notes that any publication of defamatory matter concerning a person is unlawful within the meaning of this division unless the matter is true and it was in the public interest or if it is privileged as elaborated further in the law. Criminal sanctions are not necessary to the objective of the law of defamation, which seeks to promote the reporting of true and genuine information and seeks to compensate aggrieved or defamed persons. Civil penalties should be relied on for any defamatory matter. The Code of Ethics should therefore not entrench In neighbouring Zimbabwe, the Constitutional Court in the matter of Madanhire vs Attorney General, 2014, declared that the offense of criminal defamation is unconstitutional and inconsistent with the protection of freedom of expression. In light of such best practices in other jurisdictions, it would be prudent for the Code of Ethics to regurgitate such provisions. Further, the law also establishes the Complaints Committee which is responsible for mediation and adjudication of disputes on issues between the government and the media enterprises, the public and the media enterprises, a journalist and the public, or any other person, and also between or among media enterprises. Clause 57 provides for the lodging of complaints and highlights that any aggrieved person may submit a written compliant to the Complaints Committee setting out the grounds for the complaint. The Bill is also progressive in that it makes provision for illiterate people, who are allowed to file their complaints orally and the Secretariat of the Complaints Committee shall record such complaint in writing. The law should, however, also make elaborate provision for people with disabilities, who should equally be able to file complaints orally or with the assistance of a legal practitioner or any other person of their choice. Further, the law should also allow for complaints to be filed in any of the official languages or in the native language of the complainant. When the Complaints Committee has received a complaint, called for a hearing and have assessed both written and oral evidence brought before it, the Bill highlights that the Complaints Committee shall in considering a complaint brought before it, provide effective and efficient services and shall submit its decision to the parties as soon as is reasonably practicable. It is important that this provision sets a timeline with regards to the number of days or weeks within which the decision should be made known to the parties as justice delayed is justice denied. In terms of Clause 58, any person aggrieved with the decision of the Complaints Committee can file Analysis of the Botswana Media Practitioners’ Association Bill, 2022 5