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lawsuit launched by former president Sam Nujoma against The Namibian newspaper and journalist Werner Menges, have been withdrawn.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)