the right to warrantless communications
interception and surveillance.
MISA also pointed out that the inclusion of the
contentious clauses would have a chilling effect
on the ability of the media to conduct its work
as well as on the right of all persons to privacy
and it would also damage the good reputation
Botswana has as a stable and democratic
country.(5)
This reputation can be preserved through
Article 12 of Botswana’s Constitution, which
guarantees freedom of expression.
In practice, however, a culture of fear thrived
under former President Khama, to an extent
that it cultivated an atmosphere of mistrust and
trepidation, alongside inherent self-censorship.
While the situation has eased considerably under
current President Masisi, there are several laws
that restrict freedom of expression.
These laws, which remain in Botswana’s
statutes and target the media, have been
described by critics as unconstitutional because
they give the authorities discretionary powers
to impose penalties on critics.
Media freedom campaigners such as MISA
Botswana believe a long-term solution would
be the enactment of laws that promote
transparency, accountability, and independence
in the media industry.
One such deficiency is the lack of an access to
information law and advocates have emphasised
that the adoption of such a law will facilitate
a culture of transparency and openness in
Botswana’s government institutions.
During their meeting with the International
Press Institute delegation, the government
confirmed that it is looking into passing freedom
of information legislation before Botswana’s
2024 general election.
It is hoped that the process will be inclusive
and consultations will include all stakeholders
to ensure that it can be effectively implemented
and reflects established and universally accepted
access to information standards.
Of notable significance, during the period
under review, was the government’s decision
to repeal the contentious Media Practitioners
Act and replace it with the Media Practitioners
Association Act, which has been described as a
threat to the freedom of the media as well as its
independence.
While it is being passed as a measure to shape
and maintain high professional standards in

journalism, it seeks to regulate the media.
The law establishes a statutory media board,
which will regulate journalists’ conduct and
introduce a register of journalists and media
enterprises in the country.
Although the government will not be involved
in the accreditation process, the mechanism
being instituted can be manipulated by the
government.
“The Act reinforces Botswana criminal
defamation laws by insisting these must be
incorporated into the new code of ethics” reports
the Daily Maverick.(6)

MEDIA PLURALISM AND
DIVERSITY
With a population of 2.5 million people,
Botswana’s media sector grapples with viability
and sustainability issues.
This is exacerbated by the fact that the
government is the largest advertiser in this
limited market and so advertising has been
weaponised.
With no criteria directing how the government
distributes advertising, the authorities use this
money “to reward friendly coverage and punish
critical reporting”.
There is little linguistic diversity and almost all
print media is exclusively in English; except the
state-owned Daily News, which publishes some
of its content in Setswana.
Radio and television are the two mediums that
offer content in vernacular languages.
What is of concern is the numerous lawsuits
being initiated against journalists and media
outlets.
These strategic lawsuits against public
participation are meant to tie up media outlets
in a costly exercise, stifling critical voices and
encouraging self-censorship.
It also has a psychologically damaging
impact on the journalists in question and the
management team as it has the potential to
financially cripple an outlet and force its closure.
Strategic lawsuits against public participation
(SLAPPs) have a detrimental impact on media
diversity and media independence.

35

Select target paragraph3