society, and should be formally accountable to the public through a multi-party body. This
Article also has particular significance for Namibia as this study shows that most regulatory
bodies are appointed and controlled by Government and lack the independence and
accountability envisaged in the Declaration.
Article VIII deals with the print media and the issues of registration, editorial independence
and accessibility of print media to rural people and marginalized groups. It clearly states that
registration requirements should not restrict free expression, and that all print media should
enjoy editorial independence. Particular efforts should be made to expand print media
distribution in rural areas.
Article IX encourages the implementation of a public complaints system for both print and
broadcasting media based on rules and codes of conduct agreed to by all stakeholders. The
best system is one of effective self-regulation, but any complaints system should be
independent from undue interference.
Article X establishes the right of media practitioners to organize themselves in unions or
associations and that there should be no undue legal restriction on the exercise of your right
as a media practitioner.
Article XI states that attacks on media practitioners undermine independent journalism, free
expression and the free flow of information, and that States should take effective measures to
prevent such attacks and, when they do occur, to respond effectively.
Article XII deals with the protection of reputations and defamation and sets out a number of
principles to ensure a balance between the protection of reputations and upholding the right
to free of expression.
Article XIII encourages States to review criminal legislation to ensure that it serves a
legitimate interest and is necessary in a democratic society. Free expression should not be
restricted on the grounds of public order and national security “unless there is a real risk of
harm to a legitimate interest, and there is a close causal link between the risk of harm and the
expression”.
Article XIV places an obligation on the State to promote an enabling economic environment
that allows the media to flourish, and for diversity in media ownership. It also encourages the
State to refrain from using its financial pressure (such as withholding advertising) to interfere
with the independence of the media.
Article XV states that media practitioners shall not be required to reveal their confidential
sources of information or to disclose their materials except under specific circumstances
outlined in the Declaration.
Article XVI obliges parties to the African Charter on Human and Peoples’ Rights – Namibia
among them – to make every effort to put the Declaration’s principles into practice.

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