2 October 2001
GOOD NEWS/BAD NEWS FOR PRESS FREEDOM
In what has been hailed as a victory for press freedom that could have ripple effects in neighbouring African countries, a high court judge in Botswana has declared a government ban on advertising in two newspapers unconstitutional, reports the Media Institute of Southern Africa (MISA).
Justice IBK Lesetedi ruled that the ban placed on the "Botswana Guardian" and "MidWeek Sun" - which denied the newspapers revenue from government advertisements - infringed on the newspapers' constitutional rights to "freedom of expression."
"The message is that people in power should be tolerant," said a jubilant MISA. "We hope that [Southern Africa Development Community] governments understand the importance of media."
In his ruling, Justice Lesetedi said that, through the use of the ban, the Botswana government was sending a message to the newspapers that if they were to "enjoy the benefit of receiving advertising from government, [they] should conform to a reportage that falls within what it considers to be the parameters of editorial freedom."
The judge said that placed pressure on the newspapers to change their editorial policy - a violation of their right to freedom of expression. The advertising ban was imposed in May 2001, spurring a lawsuit launched the following month by the two newspapers. In the past, the "Botswana Guardian" and "MidWeek Sun" have been openly critical of President Festus Mogae and Vice President Ian Khama.
MISA said it was hopeful that the positive ruling would be emulated in Namibia, Swaziland and Tanzania, where similar bans remain in place. In Namibia, the government has had an advertising boycott imposed on "The Namibian" newspaper since 5 December 2000, according to MISA. The government claimed the newspaper was too critical of its policies.
For more information, see www.misanet.org. ">http://www.misanet.org">www.misanet.org.
Meanwhile, MISA Namibia reports that the government is tabling a new Defence Bill which would restrict the media's ability to report on military activities in the country. The draft legislation was tabled in the National Assembly on 25 September 2001 by Defence Minister Erkki Nghimtina. It comes in the wake of the 11 September terrorist attacks in the United States, which the Defence Minister claims is the impetus behind the proposed bill.
MISA is particularly concerned about sections 54 and 55 of the Defence Bill which penalizes the disclosure of "unauthorized" information, and which regards the "taking of photographs or making sketches, plans, models or notes of military premises or installations" as a criminal offence.
Also, anyone who publishes "information calculated or likely to endanger national security or the safety of members of the Defence Force" will be breaking the law, according to the Defence Minister.
According to MISA, the proposed bill gives military officers broad discretion in carrying out their duties, but "fails to ensure that these rights are balanced in the framework of the constitutional guarantees to freedom of expression and media freedom." At issue is the public's right to know and obtain information from public authorities, including information related to national security, says MISA.
In addition, there has been no consultation with the media on the proposed bill. A legal source says sections of the bill are unconstitutional and likely to be struck down by the courts if a legal challenge were to be mounted.
For more information, see www.misanet.org.
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