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IFEX DELEGATION URGES BOTSWANA TO REPEAL OUTDATED LAWS

A delegation of IFEX members met the President of Botswana last week and urged him to set an example for other African countries and the world by scrapping the country's insult and criminal defamation laws.

Representatives of the Media Institute of Southern Africa, the World Press Freedom Committee (WPFC), Freedom of Expression Institute and the International Press Institute met with President Festus Mogae in Gaborone on 20 November to express concerns over such laws, which could be used by authorities to suppress media scrutiny and public criticism of the government. They said insult laws cast a chilling effect on press freedom, encouraging self-censorship in the media.

"Case studies in sub-Saharan Africa and elsewhere show that criminal defamation and insult laws are often brought by governments simply to suppress legitimate public scrutiny of the government, resulting in harsh repression of journalists," the delegation argued.

According to a global study by WPFC, criminal defamation and insult laws - statutes that make it a criminal offense to "insult" the honor or dignity of public officials - exist in dozens of countries around the world. These laws are incompatible with international standards, including the Universal Declaration of Human Rights and the American Convention on Human Rights, WPFC says.

Free-expression experts from the UN, the Organization of American States and the Organization for Security and Cooperation in Europe have also been urging governments to repeal these laws (see http://www.article19.org/docimages/865.htm).

The IFEX delegation emphasised that Botswana is acknowledged as a leading democracy in Africa, with a good track record in media freedom compared with many other African countries. It should therefore lead by example by removing criminal defamation and insult laws from the country's statutes. They provided Mogae with reports and reference material written by WPFC and ARTICLE 19.

Mogae, in turn, argued that the relevant statutes in Botswana reflected the traditional cultural values of the nation, which allowed vigorous criticism of authorities but disallowed name-calling, ridicule and personal insults during such exchanges. The system was reciprocal and persons of higher rank are also not permitted to insult those below them, Mogae said.

He also argued that civil defamation was not a remedy to protect the reputations of poor people who did not have the resources to bring such legal challenges. They could, however, resort to the protection of the State in bringing such challenges through the existing criminal statutes.

Mogae agreed to pursue further dialogue with the delegation and expressed hope that it would lead to better understanding between the media and authorities.

The meeting was part of a campaign launched by IFEX members to lobby African governments on insult and criminal defamation laws. The campaign is co-chaired by the WPFC and ARTICLE 19 and includes other IFEX members. It will be broadened to include more international and African freedom of expression groups next year.


For more information contact:

Jeanette Minnie, Project Coordinator of the IFEX African Insult Laws and Criminal Defamation Campaign: jcmin@iafrica.com

Visit these links for more information:


- IFEX alerts and reports on insult and defamation laws: http://www.ifex.org/en/content/view/full/236/

- ARTICLE 19 Africa - A Campaign Toolkit: http://www.article19.org/docimages/1608.pdf

- WPFC: http://www.wpfc.org/

- MISA: http://www.misa.org

- IPI: http://www.freemedia.at

- FXI: http://fxi.org.za/

(Image: © Human Rights Watch)