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. 10 AFRICAN MEDIA BAROMETER NAMIBIA 2011