SECTOR 1

1.3 There are no laws or parts of laws restricting
freedom of expression such as excessive official
secret, libel acts, legal requirements that restrict the
entry into the journalistic profession or laws that
unreasonably interfere with the functions of media.
There are several laws that negate the constitutional guarantee of freedom of
expression. Amongst these are the Cinematography Act, the Public Services
Act, the Media Practitioners Act, the National Security Act, the Cybercrime
and Computer Related Crimes Act of 2007 and the Corruption and Economic
Crime Act of 1994; Sections 50 and 51 of the Penal Code on seditious offences,
Sections 90 to 92 of the Penal Code containing provisions on insult laws, and
Sections 192 to 199 of the Penal Code providing for criminal defamation.
‘It is a mark of authoritarianism when you have a whole list of legal instruments
that take away what the Constitution attempts to entrench. According to my
last count, there are about five pieces of legislation that take away what the
Constitution attempts to guarantee, so that in the end there is hardly any
freedom of expression,’ pointed out one panellist.
While most laws have not been used; citizens have, however, been charged with
sedition. Alleged defamation usually results in civil cases or administrative action,
due to the fact that criminal cases are lengthy; ‘if you wait for the criminal case
to take its course and complete...you may close the door’ for disciplinary action
which ‘must be taken within a reasonable period of time.’
The standards of proof in a civil case are also lower. ‘If, for instance, a person
is not found guilty by the court of law that doesn’t necessarily mean that the
person will not be found liable in a civil case.’
In 2016, Sonny Serite, a freelance journalist ‘who was found in possession of
a ‘stolen file,’ was arrested by the DISS for obtaining documents that allegedly
contained state secrets from government employee Abueng Sebola. It was
alleged that the file contained documents with personal information on Tsaone
Nkarabeng, one of Khama’s personal secretaries at the time.7 Both alleged
perpetrators ‘spent a weekend in prison...and they [later] appeared in court and
were given bail. I understand an administrative decision was taken against the
[government] employee,’ recalled a panellist.
Sebola and Serite were charged under Section 317 of the Penal Code, which
contains provisions for receiving stolen property.8 The charges against Serite were

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http://amabhungane.co.za/article/2016-03-22-botswana-intelligence-detain-journalist-after-corruption-stories.
http://amabhungane.co.za/article/2016-03-22-botswana-intelligence-detain-journalist-after-corruption-stories.

AFRICAN MEDIA BAROMETER BOTSWANA 2018

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