Media Law and Policy
MISA’s legal fight for media rights and freedom of expression is two-pronged. Firstly, MISA actively defends or
financially supports media practitioners in civil and criminal cases. Secondly, the organisation targets and attempts
to reform repressive media and freedom of expression laws.
Throughout the year, MISA’s national chapters have done the majority of this programme’s work. The Regional
Secretariat has assisted the chapters financially and with training. However, without a media law and policy programme officer, the Secretariat’s actions in litigation and casework are limited.
In Botswana, MISA dealt with four legal cases against the media. One such case proceeded to court, but was subsequently withdrawn by the complainant.
MISA Lesotho has focused more on legislative reform and staff members have continued to lobby for the adoption
and revision of the Access and Receipt of Information Bill (2000). Although government officials have not provided
feedback, MISA is optimistic. The bill has recently received Cabinet approval and is on its way to Parliament. Media
houses, such as The Public Eye and The Mirror, have been overwhelmed by civil defamation suits. Litigation and
court judgements could cripple these publications financially. Thus, MISA Lesotho has commissioned a consulting
company to draft a defamation bill. This initiative is aimed at reducing the increase of frivolous civil suits to muzzle
media and freedom of expression rights.
In Malawi, MISA represented six media practitioners in litigation and provided legal advice to other journalists. Insult laws were raised and prioritised as a burning issue, but more work will be done in this regard later. The chapter’s
Media Legal Aid Fund Committee has reached its full span and is currently renewing its mandate to increase legal
aid to media workers.
MISA Mozambique staff have conducted research and lobbied the National Assembly on progressive right to information legislation. A draft bill was forwarded to the government in November 2005. Since then, MISA has held
numerous meetings with political stakeholders in both the governing and opposition parties. Due to a lack of funds,
the chapter has been unable to aid journalists financially in litigation. However, staff members have issued official
communiqués to raise public awareness of government intimidation of media practitioners. A recent communiqué
denounced the unlawful arrest of three journalists in the Barué District.
MISA Namibia has supported journalists in litigation. A journalist working for the state media was fired for writing
a story critical of the former president. MISA paid for all his legal costs. In a separate case, a freelance journalist
exposed confidential information on government corruption. Leading politicians launched a civil lawsuit against
the journalist and MISA funded half of his legal costs.
Like many of its counterparts across the Southern African Development Community (SADC), MISA Swaziland has
also been involved in access to information law reform. Since October 2006, MISA has consulted with government
officials. Officials have drafted a Freedom of Information and Protection Bill. MISA, with the aid of the Commonwealth Human Rights Initiative, has analysed the policy and concluded that the bill is flawed. Government officials
have failed to address the need for maximum disclosure. To strengthen its lobbying power, MISA has held meetings

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Annual Report 2007

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