SECTOR 1

1.3 Laws restricting freedom of expression are narrowly
defined and do not include laws such as excessive
official secret or libel acts, or laws that unreasonably
interfere with the responsibilities of the media.
Analysis:
A number of pre-independence laws that could restrict freedom of expression
remain on the statute books in Namibia. These include the Official Secrets Act,
the Key Point Act and the Defence Act.
Of concern also is the Communications Bill, which has yet to go before Parliament
although it is anticipated that it will be passed during 2009. Under section 63.1,
the Bill contains a new provision, not contained in earlier drafts presented to
stakeholders, that gives intelligence agents the right to intercept and monitor
telephone and mobile phone conversations, as well as e-mail. According to the
Bill, communications service providers will be duty-bound to keep records of
conversations at their own cost.
“This could definitely interfere with journalists’ ability to perform their duties and
presents a real danger for freedom of expression in Namibia.”
There is no Criminal Libel Act in Namibia, but only the common-law offence of
crimen injuria.
Defamation cases against the media have continued to increase over the past two
years. Some cases, such as the N$5 million (US$1 = N$8.04) lawsuit launched by
former president Sam Nujoma against The Namibian newspaper and journalist
Werner Menges, have been withdrawn.

Scores:
Individual scores:
1

Country does not meet indicator

2

Country minimally meets aspects of the indicator.

3

Country meets many aspects of indicator but
progress may be too recent to judge.

4

Country meets most aspects of indicator.

5

Country meets all aspects of the indicator and has
been doing so over time.

Average score: 			

14

AFRICAN MEDIA BAROMETER NAMIBIA 2009

3 (2005 = 3.3; 2007 = 2.3)

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