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SOUTHERN AFRICA PRESS FREEDOM REPORT 2019-2020

Beyond the Prime Minister’s statement,
Lesotho has several laws that impinge on media
freedom and freedom of expression, such as
the Printing and Publishing Act of 1967, section
10 (1); the Official Secrets Act of 1967, section
4; the Internal Security (General) Act of 1984:
section 34; the Sedition Proclamation 44 of
1938 and the Obscene Publications Act of 2012.

ACCESS TO INFORMATION
There is no access to information law in Lesotho
and this makes it difficult for both private and
public media to fulfil their role. The constitution
does not guarantee direct access to information.

According to the study, only 30% of the
institutions
displayed
an
average
level
of openness in allowing access to public
information.

ONLINE FREEDOM
In January 2020 there were over 900 000
internet users in Lesotho. Internet penetration
in the country stood at 44% against 20% (430
000) social media penetration.

Attempts to legislate access to information
started with the Access and Receipt of Information
Bill of 2000, to effect the constitutional right of
freedom of expression. (74)

During the period under review, the Lesotho
Communications Authority introduced rules that
will subject users of the internet, social media
and bloggers to the Lesotho Telecommunications
Authority (Broadcasting) Rules of 2004, which
gives the LCA powers to impose a fine or penalty
to licence holders who fail to comply with their
licence conditions.

However, 20 years after its drafting, the Bill
has not been passed into an Act of Parliament,
despite several campaigns by civil society
organisations.

The LCA also issued a draft of its Internet
Broadcasting Rules 2020. The authority invited
the public and media industry stakeholders to
submit comments on the proposed rules. (75)

Accessing public information in the country is
very difficult. The ability to access it depends
on the willingness of officials working in public
institutions.

Through these rules, the government is
seeking to regulate online behaviour, compelling
social media users with more than 100 followers
to register with the communications authority
and obtain an internet broadcasting allowance.

The Lesotho 2020 Transparency Assessment
revealed that 70% of the sampled ten public
institutions and government ministries denied
access to reasonable information requests, or
acted with high levels of secrecy.

Under the proposed bill, an internet
broadcaster is anyone who posts any text,
image, or photograph accessible to at least 100
users. The proposed rules would also give the
LCA powers to remove internet users’ posts.

Select target paragraph3