ANALYSIS OF COVID-19 REGULATIONS VIS-À-VIS FREEDOM OF EXPRESSION IN THE SADC REGION

it is the obligation of the state to ensure that this
right is respected to achieve the objectives under
the various methods of the containment of the
virus. It is worth noting that the advancement
of the right of freedom of expression during
a pandemic is significant to the extent that it
contributes to the public health interests that
that are embodied in the containment measures.
It is therefore important that the public acts
responsibly in their exercise of the right so as
not to cause unwarranted public panic or derail
the containment measures.

freedom of expression. Credible information
produced by a free and independent journalism
could make the difference between life and
death. Such life-saving information help
people to distinguish between facts and lies
as the scourge of misinformation rises during
the times of Covid-19. In recognition of this
important role, the United
Nations, especially, the United Nations,
Education, Social and Cultural organisation,
UNESCO has encouraged world leaders to support
a free and vibrant press to complement the work
of countering the rise of misinformation which
continues to impede the fight against Covid-19.28
UNESCO in particular calls on stakeholders;
government and media owners to guarantee
the safety of journalists.29

Covid-19 and freedom of
expression in the sadc region
This section of the study is premised on
the impression that freedom of expression
particularly freedom of the media is essential
in containing the spread of virus. The section
explores the attitude of the government towards
the media including the recognition of the media
as providing an essential service; the violations
against the media; and the false news regulations
in the SADC region. A review of the situation in
the SADC member states reveals that violations
have been perpetrated against members of the
public and the media including the arrests of
journalists and closure of media outlets for
mainly criticising government responses to
COVID- 19.27

This call has been heeded to by some governments
in the SADC region, who have classified the
media as a provider of essential service, as
government announced measures that were
meant to curb the spread of the virus through
people to people transmission. These measures
include restricting public freedom of movement
through quarantined and lockdowns measures.
Essentially, designating media as an essential
service and allowing journalists to move around
freely to cover and report on the Covid-19
outbreak is an acknowledgment of the crucial
role of information in times of a crisis, especially
a public health catastrophe that was an enigma
to many. The media plays an important role in
educating the public about measures to combat
and curb the spread of Covid-19.

Media as ‘essential service’
in the wake of covid-19
The Covid-19 health crisis has in a significant
way brought to the limelight the crucial role of
access to verified and reliable information and

In South Africa, government acknowledged the
significant role of the media during times of crisis,

27D Muchena ‘Southern Africa: COVID-19 a pretext for surge in harassment of journalists and weakening of media houses by states’
3 May 2020 https://www.amnesty.org/en/latest/news/2020/05/southern-africa-covid19-a-pretext-for-surge-in-harassmentof-journalists-and-weakening-of-media-houses-by-states/ (accessed 10 June 2020).
28 R Pollack et al ‘Journalism, press freedom and COVID-19’ (2020) https://en.unesco.org/sites/default/files/unesco_covid_brief_en.pdf
(accessed 27 March 2020).
29 ‘UNESCO stresses importance of safety of journalists amid COVID-19 pandemic’ (2020) https://en.unesco.org/news/unesco- stresses-importance-safety-journalists-amid-covid-19-pandemic (accessed 27 July 2020).

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