STATE OF PRESS FREEDOM IN SOUTHERN AFRICA 2022 frameworks that are related to press freedom. Mozambique’s Social Communications Law, provides for the establishment of a body that is mandated to monitor journalists’ activities and is also charged with the responsibility to register those that belong to the journalism fraternity. In Botswana, the Media Practitioners’ Association (MPA) Act of 2022 was passed.(1) The Act repeals the Media Practitioners Act of 2008, which provided for the establishment of the Media Council. It establishes the Media Practitioners Association (MPA) which oversees a system that requires registration of media practitioners, with “the required academic knowledge of, and practical experience in, journalism”, affiliated with the Botswana Editor’s Forum, the Botswana chapter of the Media Institute of Southern Africa, the Botswana Media Council or the Botswana Media and Allied Workers Union. A registered practitioner is expected to be a “fit and proper person”, who is required to abide by the code of ethics. A media board is elected by the registered members, which then appoints an ethics and conduct committee. The role of the committee is to develop the code of ethics and ensure its adherence. There were concerns that Parliament passed the Bill without adequate public scrutiny, which is not the norm in an open democratic society. Some of the substantive criticisms is that, while it is designed to be an independent body with a mandate to “ensure the maintenance of high professional standards” in journalism and to “promote and protect the freedom and independence of the media”, it presents a threat to freedom of expression including press freedom. It places the government in a position to exert unwarranted control of the media industry, which is a hindrance and a threat to free press. (2) Such influence is likely to make it difficult for journalists and media players to operate in fear of intimidation and eventually self-censor. Ethics are also critical in the election context. In Lesotho, a reporting pledge was introduced that required journalists to sign up and adhere to professionalism and ethical considerations in the coverage of elections. According to MISA Lesotho, this initiative “improved the working environment for journalists in the country as they covered the 18 2022 elections.” It seems, it also reduced the complaints against the media as a result of the improved ethical standards.(3) CRIMINAL DEFAMATION Criminalisation of defamation is still common in the region and remains largely an unresolved feature that significantly impacts press freedom. It continues to feature in most statutes, which is an indication of the limited tolerance to criticism, mainly by the political actors. In Mozambique, the new law on communications makes it difficult for journalists to criticise the president. In Botswana, the code of ethics that will be developed in terms of the Media Practitioners’ Association Act will include criminalisation of defamation. Most countries have a Penal Code in their statutes that criminalise defamation. In the Democratic Republic of Congo (DRC), defamation laws are still being notoriously used against dissenting voices, including journalists that are critical of the government and sometimes for national security reasons.(4) In Zambia, although the constitution expressly provides for freedom of expression, section 69 of the Penal Code unjustifiably limits this right. It provides that “anyone who brings the name of the president into hatred, ridicule, or contempt or publishes any defaming or insulting matter, commits an offence”. The punishment for the offence was a jail term of up to three years. (This law was repealed in December 2022). The presence of criminal defamation makes it difficult for journalists to cover issues relating to governance and possibly critical to political actors, although in the public interest. International standards have progressed and require political actors to exercise a greater degree of tolerance to criticism. States are also required to review the legal framework and ensure that limitations to free expression are compatible with international human rights standards. These measures include repealing laws that criminalise sedition, insult and publication of false information and amendment of criminal laws on defamation and libel in favour of civil