5. Media Law and Policy
MISA’s legal fight for media rights and freedom of expression is two pronged. First, MISA actively defends, or
financially supports media practitioners in civil and criminal cases. Second, the organization targets and attempts
to reform repressive media and freedom of expression laws.
Throughout the year, a majority of the work on this programme has been done by MISA’s National Chapters. The
Regional Secretariat has assisted Chapters financially and through training. However, without a Program Officer, the
Secretariat’s actions in litigation and case work are limited.
In Botswana, MISA dealt with four legal cases against the media. One such case proceeded to court, but was
subsequently withdrawn by the complainant. MISA’s Lesotho Chapter has focused more on legislative reform. Staff
members in Lesotho have continued to lobby for the adoption and revision of the Access and Receipt of Information
Bill (2000). Although government officials have not provided feedback; however, MISA is optimistic. The bill has
recently received Cabinet approval and is on its way to Parliament. Media houses, such as The Public Eye and The
Mirror, have been overwhelmed by civil defamation suits. Litigation and court judgments could cripple the financial
basis of these publications. Thus, MISA-Lesotho has commissioned a consulting company to draft a defamation bill.
This initiative is aimed at reducing the increase of frivolous civil suits to muzzle media and freedom of expression
rights.
In Malawi, MISA represented six media practitioners in litigation and provided legal advice to other journalists.
Insult laws were raised and prioritized as a burning issue, but more work will be done later. The chapter’s Media
Legal Aid Fund Committee has reached its full span and is currently renewing its mandate to increase legal aid to
media workers.
MISA staff in Mozambique have conducted research and lobbied the National Assembly on progressive Right to Information legislation. A draft bill has been forwarded to the government in November 2005. Since then, MISA has
held numerous caucus meetings with political stakeholders in both the governing and opposition parties. Due to a
lack of funds, MISA-Mozambique has been unable to financially aid journalists in litigation. However, staff members have issued official communiqués to raise public awareness of government intimidation of media practitioners.
A recent communiqué denounced the unlawful arrest of three journalists in the Barué District.
MISA-Namibia has supported journalists in litigation. A journalist, working for state media, was fired for writing
a story critical on the former president. MISA paid for all his legal costs. On a different case, a freelance journalist
exposed confidential information on government corruption. Leading politicians launched a civil lawsuit against
the journalist. MISA funded half of his legal costs.
Like many of its counterparts across SADC, MISA-Swaziland has also been involved in Access to Information law
reform. From October 2006, MISA has consulted with government officials. Officials have drafted a Freedom of
Information and Protection bill. MISA, with the aid of the Commonwealth Human Rights Initiative, has analyzed
the policy and concluded that the bill is flawed. Government officials have failed to address the need for maximum
disclosure. To strengthen our lobbying power, MISA has held meetings to sensitize local civil society members.

Annual Report 2006

41

Select target paragraph3