telecommunications sector - especially in
Tanzania and in South Africa, which has
expanded citizens’ access to this form of
communication.

example, there are outdated pieces of
legislation which though not being used,
still pose a threat to freedom of expression
should they be invoked.

As an example, mobile phone usage
increased from 300,000 in 2003 to
almost 15 million by the end of last
year. In South Africa, the Independent
Communications Authority of South Africa
(ICASA) finally forced mobile operators
to reduce their overpriced tariffs to
ensure that more citizens have access to
freedom of expression and to the means
to communicate.

Media Laws and
infringements to
freedom of expression

However, there is a raft of new laws and
bills being enacted whose net effect shall
be to erode the already limited guarantees
of freedom of expression. The year 2009
literally began on 1 January with the
enactment of Botswana’s dreaded Media
Practitioners Act - one of the many signs
of the country losing its grip on the
gains of the 1990s in terms of freedom of
expression. The law turns the practice of
journalism into a privilege that can only
be exercised through the benevolence of
a statutory Media Council handpicked by
government to accredit journalists.

It is not averse to democracy to have
media laws in any society, but it is the
spirit and
intention of such laws that need to
be scrutinised to see whether they are
reasonable and justifiable in a democracy.
In the region, there is old and new
legislation. In Lesotho and Malawi, for

A similar law, the Media Commission Bill of
2009, was also mulled over in Swaziland,
while in Zambia and South Africa,
politicians
have
suggested
the
establishment of media controlling
bodies. If enacted in its current state,
the Swazi Bill would see the creation of
a Commission with powers tantamount

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