African Media Barometer Namibia 2015 Executive Summary Although freedom of expression – including freedom of the press and other media – is guaranteed in Article 21(1) of the Namibian Constitution, this right is hamstrung by laws that remain on the Statute Books 25 years after independence, new regulations that hinder the practice of this freedom, and the absence of certain laws. This continued state of affairs has the potential of trumping Namibia’s high ranking (1st in Sub-Saharan Africa and 17th in the world according to the World Press Freedom Index, and 1st in Africa according to Freedom House) for press freedom. For one, Namibia still has no Access to Information law to ensure citizen and media access to public information. The Public Service Act of 1995 only makes it more difficult to access information held by the state, as it restricts public servants from disclosing information that should, in fact, be available to Namibians. Further, there is no law guarding the protection of whistleblowers, or protecting journalists from having to disclose their sources in court. The introduction of new regulations to the Research Act of 2004 can only be seen as draconian, as they could potentially restrict freedom of thought and academic freedom at all levels of society. Arguing that the regulations are unconstitutional, the Legal Assistance Centre (LAC), alongside the Institute for Public Policy Research (IPPR) and The Namibian newspaper, are in the process of taking government to court over these regulations after failed consultations with the Ministry of Education. The Communications Act of 2009 (dubbed the ‘Spy Bill’ because of contentious clauses that allow for the interceptions of communications), as well as apartheid era laws – such as the Official Secrets Act, the Key Points Act, and the Criminal Procedures Act – continue to threaten freedom of expression in general, and media freedoms in particular. As one member of the panel put it, “There is a high level of secrecy”. These threats to freedom of expression require urgent redress. The Namibian government is currently looking at the Electronic Transactions and Cyber Crime Bill, as well as regulations for the film industry. The final content of these Bills is yet to be seen, but concern has already been raised about certain secrecy clauses in the draft Film Bill, which could potentially restrict filmmakers’ AFRICAN MEDIA BAROMETER NAMIBIA 2015 7