CHAPTER 4: AFRICAN MEDIA BAROMETER THEMATIC TRENDS: 2011-2021 4.2 Retention of restrictive colonial laws and constitutional pullback conditions One of the most consistent trends in several sub-Saharan African AMBs is the restrictive colonial or apartheid laws and the provision of pullback conditions (circumstances under which freedoms can be legally limited) to freedom of expression in national constitutions. While the specific dynamics differ between countries, the general trend is that restrictive laws phrased in national security remain on the statute books and pose a potent threat to freedom of expression and the press. For example, in Zambia, the enactment of the digital security law, and the Cyber Security and Cyber Crimes Act of 2021 promote the "responsible use of social media platforms" have had a corrosive effect on the country’s media environment (2021 AMB for Zambia). In Togo, restrictions imposed by the law on secrecy and confidentiality, and the laws on public order, states of emergency and terrorism have made it difficult to realise the full assertion of freedom of expression and the media. The Media Act of 2013 and the Kenya Information and Communications (Amendment) Act of 2013 also effectively undermine freedom of expression and the media as they contain proposals that restrict media freedom and impose heavy penalties on journalists and media houses. Similarly, in Malawi, pieces of legislation such as the Penal Code of 1930, the Protected Flag, Emblems, and Names Act (2014), the Police Act of 1946, the Official Secrets Act of 1913, and the Censorship and Control of Entertainments Act of 1968 restrict the freedom of expression and press freedom as guaranteed in the constitution. In Benin, the enjoyment of freedom of expression and freedom of the press is hampered by several provisions of the Digital Code passed in 2017, Law 2017 – 44 of 5 February 2018 on the Intelligence Code, and Law 2019-05 of 18 January 2019 on the organisation of national defence secrets. In Madagascar, the law governing communication and the Communication Code can be used to restrict freedom of the press and democracy. In addition, despite South Africa’s widely acknowledged free media economy, if apartheid-era pieces of legislation such as the National Key Points Act of 1980, the Defence Act (1957) and the Riotous Assemblies Act of 1956 are invoked, they can undermine news media. As indicated in the 2018 AMB for South Africa, some of the above laws have been used to “hinder critical reporting on public money spent on former President Jacob Zuma’s private homestead at Nkandla”. 12 AFRICAN MEDIA BAROMETER 11 YEARS IN REVIEW