STRATEGIC LITIGATION AGAINST PUBLIC PARTICIPATION (SLAPP) The South African Constitutional Court adjudicated on a free speech case in which environmental activists were sued for defamation by a mining company.(17) The activists were sued for R14 million. SLAPPs of this nature, by being exorbitant and time intensive, are being used to undermine efforts to exert accountability and frustrate public dissent and participation. Essentially, SLAPPs have a chilling effect on freedom of expression, including press freedom. SURVEILLANCE OF JOURNALISTS AND MEDIA PRACTITIONERS In terms of court decisions, so far the most notable case on surveillance on journalists in Southern Africa is that of the South African Amabhungane Centre for Investigative Journalism v. Minister of Justice and Correctional Services. It is indicative of the importance of upholding the right to privacy when it comes to the practice of journalism. The High Court and Constitutional Court concurred that some provisions of the interception of communication law were unconstitutional.(19) The invalidity and unconstitutionality created opportunities for unlawful targeted surveillance on journalists. Surveillance is a necessary element of governance. However, States should desist from practising mass surveillance in favour of targeted surveillance, which should be conducted within the confines of international human rights law and standards. The standards entail the presence of independent oversight mechanisms, and a legal framework that allows for surveillance to be authorised through an independent mechanism and employ the relevant safeguards. With the proliferation of the use of technology, targeted surveillance of journalists increases. However, the nature and extent of surveillance targeted at journalists in Southern Africa is not well documented and the UN Special Rapporteur on Freedom of Expression and Opinion raised it as a concern across the world.(18) WHISTLEBLOWER PROTECTION The Mozambique 2022 law on the prevention, suppression and countering terrorism provides for the adoption and installation of electronic surveillance in public and private places as a means of preventing acts of terror. Another threat to press freedom is the fragility of whistleblower protection. Most Southern African countries have some form of whistleblower protection frameworks in place. The legislation places an obligation on telecommunications service providers to contribute to the prevention, repression and combating of terrorism through adoption of measures targeted at their users. However, while there is clarity on these measures, from a free press perspective these could include mass and targeted surveillance. This potentially presents a chilling effect on journalists, who are required to guarantee the confidentiality of their sources, particularly when reporting on sensitive stories and in cases where sources prefer to remain anonymous. Being on the radar of surveillance has implications on the right to privacy, which is an important aspect of free press. However, there seems to be implementation gaps that endanger the lives of those who, in good faith, expose wrongdoing such as corruption. In South Africa, for example, while the contribution of whistleblowers in fighting corruption is widely acknowledged and that whistleblowers are an integral part of press freedom, their protection is not guaranteed. A legal framework exists, but it has loopholes and the Department of Justice committed to addressing the gaps. According to Justice and Correctional Services minister, Ronald Lamola, the government is working hard to tighten laws to protect whistleblowers. 21