SECTOR 1 FREEDOM OF EXPRESSION, INCLUDING FREEDOM OF THE MEDIA, ARE 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. Analysis: The Namibian Constitution protects and guarantees freedom of expression, including freedom of the media, but this is not supported by other legislation. Article 21 (1) (a) of the Constitution, under “Fundamental Freedoms”, states: “”All persons shall have the right to freedom of speech and expression, which shall include freedom of the press and other media.” The right to freedom of expression can be limited, however, under Article 21 (2), which states: “The fundamental freedoms referred to in Sub-Article (1) hereof shall be exercised subject to the law of Namibia, in so far as such law imposes reasonable restrictions on the exercise of the rights and freedoms conferred by the said Sub-Article, which are necessary in a democratic society 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.” Blanket provisions such as “national security” or “public order” seem problematic. They could be used to stifle individual and media freedom of speech and expression just as the vague concept of “decency or morality” – notions of what is considered moral and decent or immoral and indecent today will change over time. This right is also subject to a limitation clause under Article 22, which states: “Whenever or wherever in terms of this Constitution the limitation of any fundamental rights or freedoms contemplated in this Chapter is authorised, any law providing for such limitation shall: (a) be of general application, shall not negate the essential content thereof and shall not be aimed at a particular individual; 10 AFRICAN MEDIA BAROMETER NAMIBIA 2009