SECTOR 1

Freedom of expression, including
freedom of the media, is effectively
protected and promoted.
1.1
Freedom of expression, including freedom
of the media, is guaranteed in the constitution and
supported by other pieces of legislation.
Although freedom of expression is guaranteed in the Constitution under Article
21.1, there is a clawback clause which outlines broad limitations thereby curbing
this constitutional guarantee. Article 21.2 states that the grounds for limiting the
right to free expression will be deemed necessary “and are required in the interests
of the sovereignty and integrity of Namibia, national security, public order, decency
or morality, or in relation to contempt of court, defamation or incitement to an
offence”1.
Freedom of expression is further curbed by the glaring absence of legislation that
facilitates access to public information. There is the Protection of Information Act
of 1982 which poses a further impediment because it restricts the information
civil servants can release to the public.
The Communications Act passed in 2009 endeavours to bring the regulation of
the communications sector up-to-date, but there are a number of clauses which
violate the international standards that Namibia is bound by.
• The Communications Regulatory Authority of Namibia (CRAN)
is appointed by the Minister of Information and Communication
Technology in line with the State Owned Enterprises Act and, therefore,
is not independent.
• The minister may issue guidelines to the commission and, in so doing,
interfere with its work.
• The act allows the president to establish communication “interception
centres”. Ostensibly these are for “combating of crime and national
security”, but there is a feeling that these powers could be abused and will
prevent people from expressing themselves freely.
“The fact that our phone calls and e-mail can be monitored has certainly affected
the way I communicate,” one panellist noted. When the interception centres
were discussed in Parliament, the Minister of Information and Communications
Technology argued that Namibia was following the example of other countries.
He was asked why it was necessary to provide for interception centres in the
1 Article 21.2 of The Constitution of Namibia.

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AFRICAN MEDIA BAROMETER NAMIBIA 2011

Select target paragraph3