SECTOR 1 1.1 Freedom of expression, including the freedom of the media, is guaranteed by the constitution and supported by other pieces of legislation Freedom of expression and press freedom are duly guaranteed by the Constitution of the Republic of Mozambique, more precisely in its Article 48. In Mozambique’s judicial order, these fundamental rights are strengthened by the Universal Declaration of Human Rights and the African Charter of Human and Peoples’ Rights, instruments in accordance with which, according to the constitution (Article 43), all norms pertaining to fundamental rights should be interpreted – including those on freedom of expression and freedom of the press. In terms of the freedom of the press, Mozambique possesses with its Press Law2 a legal diploma that is generally considered as being in-line with the relevant principles and international best practice. However, the panel noted that some norms of the Press Law are quite problematic, as is the case of Article 47 (4) establishing that ‘the proof of truth of evidence is not accepted if the offended is the President of the Republic, or, in case of reciprocity, foreign Head of State or his representative in Mozambique.’ This norm is particularly complicated since it goes against a fundamental right in a democratic rule of law, namely the presumption of innocence. A review of the Press Law was started more than ten years ago by the government through the Information Office GABINFO, operating under the aegis of the prime minister’s office. Relevant actors were involved in the review namely: The National Trade Union of Journalists (SNJ – Sindicato Nacional de Jornalistas), the Mozambican Chapter of MISA (Media Institute of Southern Africa), the National Forum of Community Radios (FORCOM – Forum Nacional das Rádios Comunitárias), the Higher Board for the Media (CSCS – Conselho Superior da Comunicação Social) and the National Institute of Communication (INCM). However, the process was stuck for several years until November 2018 when GABINFO held a seminar on the harmonisation of media legislation in Maputo, where Prime Minister Carlos Agostinho do Rosário stated that ‘the government is committed to the creation of a healthy environment for the media’. As disclosed by the government at the November 2018 seminar, the Media Legislation Package includes four laws, namely the Press Law (being revised), the Radio Broadcasting Law (a new normative instrument), the Journalists’ Statute (so far non-existent in Mozambique as a legal instrument) and the Journalists’ Press Card (non-existent in Mozambique). Meanwhile, international best practices are in favour of the self-regulation of the press class in the issuing of the press card and its respective withdrawal. The panel considered it strange that the Mozambican Government is going the opposite way. During the aforementioned meeting, the prime minister specified at a certain stage that ‘the media sector is facing challenges related to the need to practise a journalism based in respect for rigour, objectivity, impartiality and the observance of professional standards and ethics’. 11 AFRICAN MEDIA BAROMETER MOZAMBIQUE 2018