STATE OF PRESS FREEDOM IN SOUTHERN AFRICA 2022 legislative and non-legislative needs; — Undertake mandatory and continuous training for practitioners and professionals dealing with victims of digital violence including law enforcement authorities, social and child healthcare staff, criminal justice actors and members of the judiciary; — Implement victim-friendly and gendersensitive policies when handling cases of digital violence against women; — Undertake measures to safeguard women journalists from digital violence, including gender-sensitive media literacy and digital security training; — Repeal vague and overly wide laws on surveillance as they contribute to the existing vulnerability of female journalists. not stifle the exchange of ideas, opinions, and information necessary for the functioning of a democratic society. The restriction must also not be used as a pretext to silence dissenting voices or to restrict criticism of the government or other powerful entities. International human rights and press freedom standards require legal frameworks to repeal laws related to sedition and defamation and provide adequate protection for media practitioners and whistleblowers, which is currently lacking in most countries in the region. An alarming pattern has emerged over a considerable period of time, where legislators appear to lack an appreciation of their responsibility to foster an environment that enables a diverse, pluralistic, and viable media ecosystem. LEGISLATIVE FRAMEWORKS This is achieved through the implementation of regulatory measures that set progressive standards, as opposed to the prevalent tendency of fashioning regulations with the intent to constrain and manipulate media operations. This soft law instrument strengthens our free expression arsenal with a powerful tool to counter increasingly toxic online spaces and enable the work of female journalists in African newsrooms. Prime examples from Southern Africa are the passage of Mozambique’s Social Communications Law, which provides for the establishment of a body that is mandated to monitor journalists’ conduct and register them to practice their craft. Article 9 of the African Charter on Human and Peoples’ Rights and the revised 2019 Declaration on Principles of Freedom of Expression and Access to Information in Africa of the African Commission on Human and Peoples’ Rights outline freedom of expression norms in Africa. Similarly, Botswana’s downward trajectory (see table) is fast-tracked by the adoption of the Media Practitioners’ Association (MPA) Act of 2022. The principle of freedom of expression is an integral component of democratic societies and is enshrined in numerous international human rights instruments. However, it is important to recognise that this fundamental right is not absolute and can be subject to permissible restrictions in certain circumstances. In accordance with international human rights standards, such limitations must be recognised in law, proportionate to the legitimate aim pursued, and necessary in a democratic society. Moreover, any restriction must be compatible with the underlying values of a democratic society, such as pluralism, tolerance, and open debate. Any limitations on freedom of expression must 10 The primary objective of the legislation is purportedly to uphold professional journalistic standards and to safeguard and bolster the autonomy and self-determination of the media. However, the proposed legislation primarily centres on the regulation of ethical practices and conduct in journalism, as well as the authority to license or disqualify journalists and media organisations. Additionally, a Media Board established under the law is tasked with the responsibility of guaranteeing national security, public order, and public health, which are broad and ambiguous areas frequently exploited to suppress media freedom and independence. Such influence is likely to make it challenging for journalists and media players to work without fear of intimidation and, ultimately, to self-censor.