CHAPTER 4: AFRICAN MEDIA BAROMETER THEMATIC TRENDS: 2011-2021

As is evident in the AMBs, the paradox
about this scenario is that such laws
are often invoked in times of political
and economic crisis (when assertive
and free media are required the most),

"...the paradox about this
scenario is that such laws
are often invoked in times of
political and economic crisis..."

with a chilling and restrictive effect.
The 2020 AMB for Zimbabwe highlights some restrictive pieces of legislation, old
and new. It notes that “the Official Secrets Act remains in effect and must be signed
by those working for the state, restraining them from revealing information to the
media”. Likewise, it points to how “the Censorship and Entertainment Control Act
has also been used to ban theatre productions seen as anti-government”. Through
analysing the AMBs, it seems apparent that most national constitutions explicitly
provide for freedom of expression and/or freedom of the press; however, they also
contain conditions that undermine this freedom.
The news media’s operational environment is encumbered by overt and restrictive
laws, including non-media-related laws with hidden provisions that can undermine
the media when needed. The 2018 AMB for Cameroon notes that the country’s
legislative restrictions on freedom of expression “are insidious in character”. The
report mentions that “administrative authorities are empowered to maintain public
order” and that power has been “repeatedly used to ban demonstrations, protests
and press conferences”. It asserts that laws such as the Social Communication
Law of 1990 “leave the notion of public order vague and subject to interpretation
which administrative authorities can it (sic) discretionally”. In addition to such
infringements on freedom of expression, the 2018 AMB also notes that “Cameroon
has several pieces of legislation that directly restrict freedom of expression”.
The 2021 AMB for Zambia highlights the Cyber Security Act and Cyber Crimes Act
of 2021 for its potential to create a chilling effect on media operations as the Acts
are not specific about what constitutes “responsible use of social media platforms”.
This is in addition to what the AMB characterises as an “already treacherous
environment for the operation of free and independent media”.
The disjuncture between enabling constitutional provisions and other statutory
instruments and the actual operational environment of the media is highlighted in
many AMBs, including those for Zimbabwe, Madagascar, Mali, Cameroon, Benin,
Botswana, Kenya, Uganda and Mozambique. In the case of Botswana, the most

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AFRICAN MEDIA BAROMETER 11 YEARS IN REVIEW

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