SECTOR 1 1.3 There are no laws or parts of laws restricting freedom of expression such as excessive official secret, libel acts, legal requirements that restrict the entry into the journalistic profession or laws that unreasonably interfere with the functions of the media The panellists agreed that Mozambique still has laws that do not comply with the dictates of the democratic rule of law and which interfere unreasonably, even if by mere omission, with the operation of the media. In that regard, the following legal instruments should be highlighted: • Law of State Secrets (Law nº 12/79) which, having been approved in the days of the single-party state is still effective, even though it is not in conformity with a democratic and pluralist political context. • Penal Code (approved by means of Law nº 35/2014 of 31 December), incorporating the dispositions of Law nº 19/91 – which it revokes – defining the defamation of higher rank state personalities (such as the president of the republic, the prime minister, ministers, deputies, superior judges etc) and even political leaders (for instance, the presidents of political parties with a seat in parliament) as a crime against the security of the state, which does not conform with the principles of the democratic rule of law (of which liberty of expression is one fundamental aspect, as enshrined in Article 3 of the Constitution of the Republic of Mozambique). • Decree nº 40/2018 of 23 July, introduces inexplicably high taxes for the licensing and registration of media corporations and accreditation of national and foreign press correspondents. The aforementioned decree was approved without the interested parties being involved or heard, contrary to good international practices and the Mozambican law itself on the administrative procedure and/or formation of the will of the public administration (Law nº 14/2011 and Decree nº 30/2001). Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: Score of previous years: 14 AFRICAN MEDIA BAROMETER MOZAMBIQUE 2018 ✓ ✓ ✓✓ ✓✓ ✓ ✓ ✓✓✓ 1.4 2005=n/a; 2007=n/a; 2009=n/a; 2011=n/a; 2014=2.4