SECTOR 1

Scores:
Individual scores:
1

Country does not meet indicator

2

Country meets only a few aspects of indicator

3

Country meets some aspects of indicator

4

Country meets most aspects of indicator.

5

Country meets all aspects of the indicator

Average score:

4.4 (2005: 4.9; 2007: 4.7; 2009: 4.7)

1.7
Confidential sources of information
protected by law and/or the courts.

are

Existing legislation does not protect journalists from having to reveal confidential
sources of information.
In fact, Section 205 of the Criminal Procedures Act permits a magistrate to order
a journalist to reveal their source during a criminal trial, and to jail the journalist
who refuses to comply.
Hannes Smith, the former editor of the Windhoek Observer, published a story
claiming he knew who murdered political activist Anton Lubowski. He was
ordered to reveal his source during the inquest into Lubowski’s death. Smith
refused and was sent to prison in contempt of court and served a 30 day sentence.
Meanwhile, former editor of Informanté, Max Hamata, was asked to reveal his
source during a civil defamation case brought by the mayor of Windhoek (see
Indicator 1.3). However, the judge decided this was not necessary on the basis that
a journalist has a responsibility to protect his/her sources.
Therefore, the courts appear to have some leeway and can decide to force a
journalist to reveal a source or not.

AFRICAN MEDIA BAROMETER NAMIBIA 2011

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Select target paragraph3