SECTOR 1

Journalists face routine intimidation by the state, although there is no law
sanctioning such intimidation. “There are policies and directives being issued
without any legal basis.”
As mentioned in Indicator 1.1 there are constitutional clawbacks that restrict
freedom of expression and there are 32 pieces of outdated legislation that remain
on the statute books which restrict the media from operating freely.
These include the Sedition and Subversive Activities Act, which criminalises
statements bringing the King or his heirs or the administration of justice, into
disrepute or contempt, and raising discontent among the Swazi people, despite
being outdated.
The 1968 Proscribed Publications Act empowers the information minister to close
down any publication deemed to be “prejudicial to the interests of defence,
public safety, public morality or public health”.
The 1963 Books and Newspapers Act requires print operators to pay a substantial
fee of E15,000 (US$1,500) to be licensed. A bill before parliament, the Books and
Newspapers Bill, proposes increasing this fee to E50,000.
The 1963 Official Secrets Act bans access to and publication of government-held
information, except on approval by senior government officials, while the 1966
Protected Places and Areas Act stipulates certain places where the media cannot
enter or take photographs, such as prisons. The 1963 Public Order Act prohibits
incitement to public violence, including through published words.
The 1920 Cinematography Act is incredibly broad in its language and bans,
among other things, the making of films or taking of photographs that portray
gatherings of Africans or scenes of African life without the information minister’s
written consent. It also prohibits the taking of photographs during days of
national celebration, including Incwala Day, the king’s birthday, the Reed Dance
and Independence day.
Films or photographs which depict scenes prejudicial to the peace, order and
good governance of Swaziland can be declared objectionable by the Minister for
Public Service and Information.
Another outdated Act on the statute books is the 1927 Obscene Publications
Act which makes it an offence to produce, sell or distribute indecent or obscene
publications, although these terms are not defined.
The more recently enacted Suppression of Terrorism Act of 2008 can be used
to clamp down broadly upon any dissent in the name of anti-terrorism and
empowers the police to arrest suspects without a warrant.

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AFRICAN MEDIA BAROMETER Swaziland 2014

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