SECTOR 1 Freedom of expression, including freedom of the media, is effectively protected and promoted. 1.1 Freedom of expression, including freedom of the media, is guaranteed in the constitution and supported by other pieces of legislation. Freedom of expression is enshrined in Article 12 of the Constitution, but there are no laws that ‘breathe life into that particular right.’ Article 12 (1) states that: Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his or her correspondence. The right to media freedom is not guaranteed in the Constitution, nor are there any specific laws which uphold this right. The National Security Act on seditious offences, as provided for under Section 50 and 51 of the Penal Code and the Media Practitioners Act of 2008, among other laws, can be used to restrict freedoms of expression and the media. The Constitution restricts limitations of freedom of expression in Section 12 (2): a) when ‘reasonably required in the interests of defence, public safety, public order, public morality or public health.’ Section 12(2) further allows for the following ‘reasonably justifiable’ limitations: b) for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating educational institutions in the interests of persons receiving instruction therein, or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless, broadcasting or television; or c) that imposes restrictions upon public officers, employees of local government bodies, or teachers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 8 AFRICAN MEDIA BAROMETER BOTSWANA 2018