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 However the essence of this explicit right is contradicted by a subsequent clause in the Constitution, outdated legislation, clauses in the recently enacted Communications Act and the reluctance to promulgate a law that facilitates access to public information.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 5