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

recent AMB (2018) observes that whilst
freedom of expression is explicitly guaranteed
in the constitution, “there are a raft of laws
with clauses that negate the constitutional
guarantee of freedom of expression”. These
include the Cinematography Act of 1970,

"These legislations render
democratic and progressive
constitutional provisions
on freedom of expression
nominal rather than
substantive..."

the Public Service Act of 2008, the Media
Practitioners Act of 2008, the National
Security Act of 2005, and the Cybercrime and Computer Related Crimes Act of
2007. These legislations render democratic and progressive constitutional provisions
on freedom of expression nominal rather than substantive as they justify restrictions
in respect of their legislative focus.
Reasonable exceptions include Burkina Faso and Namibia. Recommendations
have focused mainly on repealing laws that criminalise defamation, aligning laws
affecting the media and the free expression of rights with national constitutions,
and international instruments promoting freedom of expression and access
to information. Nonetheless, the degree to which national laws contradict or
undermine constitutional provisions on freedom of expression also, by extension,
flies in the face of international instruments that promote freedom of expression
and the media, whether or not the respective countries have ratified these.

4.3 Relatively free print and restricted broadcast media
A surprising trend across the continent, even in politically unstable countries such
as Mali, the DRC and Cameroon, is that governments seem reluctant to restrict
the number of print media publications and their coverage. The trend in the
broadcasting industry differs, and even in stable democracies such as South Africa,
Namibia, Gabon and Botswana, governments have demonstrated a desire to control
the national or state-funded broadcaster and, in countries such as Zimbabwe and
Mauritius, the larger broadcasting industry through regulatory mechanisms and
licensing processes. The 2018 AMB for Botswana highlights that “media diversity,
particularly in the broadcasting sector in Botswana, is hampered by its laws”, which
limit the broadcasting sector to “commercial broadcasters and state broadcasters”
through the Communications Regulatory Authority Act of 2012.

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AFRICAN MEDIA BAROMETER 11 YEARS IN REVIEW

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