SECTOR 1

Freedom of expression, including
freedom of the media, is effectively
protected and promoted.
1.1
Freedom of expression, including freedom
of the media, is guaranteed in the constitution and
protected by other pieces of legislation.
Sections 14.1 and 14.2 of Lesotho’s Constitution state that everyone has a right to
express themselves, and to obtain and impart information.
Section 14 of the Constitution of Lesotho states that:
“(1) Every person shall be entitled to, and (except with his own consent) shall not
be hindered in his enjoyment of freedom of expression, including freedom to hold
opinions without interference, freedom to receive ideas and information without
interference, freedom to communicate ideas and information without interference
(whether the communication be to the public generally or to any person or class of
persons) and freedom from interference with his correspondence.”
The Constitution also ensures the right of people to respond through the same
media if they feel aggrieved “by statements or ideas disseminated to the public in
general by a medium of communication.” These rights are guaranteed as long as
they do not interfere with defence, public safety, public order, public morality or
public health.
The Constitution does not mention media freedom explicitly, and panellists felt
that freedom of media is seen as separate from freedom of expression in Lesotho,
which makes it difficult for the media to use Section 14 in its defence.
The country’s draft media policy notes the need to review a number of laws,
including the Constitution of the country. However, ratification of this policy has
stalled (see discussion on indicator 1.12), as the Minister of Science, Technology
and Communication felt the policy will take away a lot of power from government.
“Government is so afraid to let go of the power that it has always had over the
media. Therefore the media policy is likely to remain a draft policy for many years
to come.”

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AFRICAN MEDIA BAROMETER LESOTHO 2010

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