sanctions.(5)

PUBLICATION OF FALSE
NEWS
The publication of false news in its various
forms has become a common feature of the
media landscape.
In response, States have adopted legal and
other approaches to curb this information
disorder. Some of the counterterrorism,
cybercrime or computer crime legislations that
have been introduced across the region provide
for the publication of false information.
In Lesotho, the Cybercrime and Computer
Related Crimes Act has provisions that criminalise
publication of fake news, with a punishment of a
fine or imprisonment. It is critical for journalists
to check to ensure the credibility of what they
publish.
In addition there has to be a balance between
the protection of freedom of expression
and stifling the proliferation of false news.
Mozambique’s law on counter terrorism also
criminalises publication of false news related to
counterterrorism.
With the vague formulation, it places a wide
discretion on State authorities to determine
what could be published, which potentially
restricts free speech.
Human rights approaches should be adopted
to address the information disorder that
undermines the quality of news that the public
consume from the media.

ARRESTS AND SAFETY OF
JOURNALISTS
The safety of journalists is generally not
guaranteed even in countries that are ranked
poorly in terms of freedom of expression.
In November 2022, the International Press
Institute (IPI) identified Zimbabwe as having
the largest number of press freedom violations
(at least 12) in sub-Saharan Africa.(6)
Some of the identified journalists were
subjected to physical assault. In Angola, under
the current dispensation of President João
Lourenço, there are reports of victimisation
of journalists, particularly for criticising the

president. Ultimately, journalists resort to selfcensorship to avoid harassment.
In Malawi, the Platform for Investigative
Journalism (PIJ), well known for covering
stories on corruption, became the target of
harassment by law enforcement agents and
website hacking(7).
In March 2022, Gregory Gondwe, an
investigative journalist and managing director
of the PIJ, was arrested for publishing a story
about the country’s Attorney General (AG),
Thabo Chakaka Nyirenda, focusing on the AntiCorruption Bureau (ACB).(8)
Their computers and mobile phones were
confiscated in addition to being compelled to
reveal confidential sources.
The essence of the matter was that the PIJ’s
story was “based on a leaked legal opinion” of
the AG to the ACB. The AG pointed out that:
“While we espouse free speech tenets and
rights of the press, it is irresponsible to leak my
legal opinion on a sensitive matter like this one.
I take great exception and I will be taking legal
steps against whoever is involved in this kind of
conduct.”(9)
There is also a notable growing trend of
harassment of female journalists, mainly from
members of the public and political figures
generally and on online platforms.
The South African case of Karyn Maughan,
a journalist, is a classic example. The former
president, Jacob Zuma is privately prosecuting
Maughan as of October 2022.
In the case, Maughan is accused of disclosing
the former president’s medical records. The
harassment impacts the professional and
personal lives of female journalists.
An example of online harassment involves
another South African female journalist, Julia
Madibogo, whose cell phone number was
publicly shared on social media by an influencer,
Faith Nketsi, in April 2022 following Madobogo’s
request for a comment on Nketsi’s wedding.(10)
In another incident, in a tweet, Maughan was
referred to as a “dog” that needs to be kicked
harder by Carl Niehaus, a Zuma apologist, in
reaction to her comments on the case of the
public protector’s fitness for office that is under
parliamentary enquiry.(11)
Regarding the protection of female journalists,
according to principle 20(6) of the 2019
Declaration of Principles on Freedom of

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