Broadcasting (general) – Addresses general issues to do with promoting free
expression and access to information through broadcasting, and relates to issues
such as licensing, frequency allocation and the “three tiers” of broadcasting (private,
public and community).
Media ethics – Deals with codes of media ethics, professional standards, and public
complaint mechanisms.
Protection of sources – This relates to journalists being able to protect confidential
sources of information.
Public meetings and open government – Issues to do with ensuring that meetings of
public bodies are open and accessible to the public.
National security – Focuses on provisions within the Protocol and Declarations that
relate to security and secrecy issues.
Defamation and privacy – Addresses the interface between free expression/access to
information and the protection of reputations and the right to privacy.
Criminal procedures – Relates to criminal restrictions on expression and media
content such as obscenity, hate speech, sedition and criminal defamation.
Attacks on journalists – This deals with the protection of journalists from physical
attack and intimidation.
Registration and accreditation – Provisions of the Protocol and Declarations that
relate to the registration and accreditation of media houses and media workers.
Training – Issues to do with training in the field of media and communication.
Resources – Relates to the allocation of financial and other resources towards the
development of the media and communications industry.
Other mechanisms – Deals with mechanisms other than training and resource
allocation that seek to promote the development of media and communication.

The articles of the SADC Protocol and AC Declarations were then arranged according to
these themes (see table in Appendix 2), thereby providing a tool with which to assess the
compliance of each piece of legislation covered by the study with the relevant provisions of
the Protocol and Declaration.

Overview of findings
Introduction
This overview attempts to capture and summarise the issues arising from the more detailed
analysis of each law contained in the tables in Appendix 3. The relevant case law is outlined
in Appendix 4.
Free expression (general) (see Table 1, Appendix 3, and Case Studies in Appendix 4)
The main principles of the Protocol and Declarations with regard to this theme are as follows:
•

Free expression and the free flow of information are two sides of the same coin, and
inextricably linked to development. Implicit in both free expression and the free flow of
information is a two-way communication process that depends heavily upon media

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