AFRICAN MEDIA BAROMETER
NAMIBIA 2011
Executive Summary
The Constitutional guarantee contained in Article 21.1 (a) of the Namibian
Constitution gives all Namibians the right to freedom of expression, including
freedom of the press and other media.
However the essence of this explicit right is contradicted by a subsequent
clause in the Constitution, outdated legislation, clauses in the recently enacted
Communications Act and the reluctance to promulgate a law that facilitates access
to public information.
Article 21.2 negates the explicit guarantee of freedom of expression in the
preceding clause by outlining broad limitations such as the protection of national
security, public order, decency or morality, or in relation to contempt of court,
defamation or incitement to an offence.
Restrictive laws such as the Official Secrets Act, the Key Points Act and the
Criminal Procedures Act dating back to the apartheid era remain on the statute
books. While none of these laws have been used since Independence, they remain
a constant threat for the media fraternity.
The absence of an Access to Information Act makes it difficult for the public, and
especially for journalists, to retrieve public information that is held by the State.
This is further exacerbated by the Protection of Information Act, which restricts
public servants from disclosing certain information to the public.
An initiative has been outlined by the Southern African Litigation Centre in
conjunction with a local Namibian organization to bring possible test cases to the
High Court to highlight the need for access to information.
The Communications Act passed in 2009 - which was intended to regulate
the communications and broadcasting sector based on principles of a free,
independent and pluralistic media - contains contentious clauses that undermine
the independence of the regulating body and permit the state to intercept citizens’
communications.
As one journalist pointed out, “The fact that our phone calls and e-mail can be
monitored has certainly affected the way I communicate.”

AFRICAN MEDIA BAROMETER NAMIBIA 2011

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