Media laws at Lesotho
Lesotho's media law environment is a complex mix of constitutional guarantees, specific legislation, and persistent challenges related to implementation and political interference. While the Constitution provides a foundation for freedom of expression, various other laws and government actions have historically raised concerns about media independence and the safety of journalists.
1. Constitutional Guarantees:
Section 14(1) of the Constitution of Lesotho: This is the primary provision guaranteeing freedom of expression. It states that "Every person shall be entitled to, and (except with his own consent) shall not be hindered in his enjoyment of freedom of expression, including freedom to hold opinions without interference, freedom to communicate ideas and information without interference, freedom to receive ideas and information without interference."
Crucially, while it doesn't explicitly mention "freedom of the press" or "media," courts and legal interpretations generally hold that this section covers media freedom.
Limitations: Like many constitutions, Section 14(1) also allows for "reasonable restrictions imposed by law" if necessary for reasons such as national security, public order, morality, health, or protecting the rights and freedoms of others. These limitations have often been a point of contention and used to justify actions against media.
2. Key Legislation and Policies:
Communications Act No. 4 of 2012: This is the primary law regulating broadcasting, telecommunications, and postal services. It establishes the Lesotho Communications Authority (LCA) as the regulator.
The Act grants the LCA powers related to licensing, spectrum management, and setting rules for service providers.
Broadcasting Code, 2022: Issued by the LCA, this code sets out detailed regulations for broadcasters, including rules on accuracy, balance, credibility, impartiality, fairness in news and current affairs, content classification, and community standards.
National Media Policy (Adopted November 2021): After a long consultative process (over two decades), the National Assembly adopted this policy. It aims to:
Professionalize the media.
Ensure a free media capable of contributing to national development.
Depoliticize government-owned media.
Eliminate "national security" statutes that allow censorship.
Move certain defamation cases to arbitration.
Its full implementation, however, is an ongoing process, and some critical elements of media reform are still awaiting legislative action.
Penal Code (2010): Historically contained provisions for criminal defamation.
Official Secrets Act (1967) and Public Service Act (2005): These laws prohibit civil servants from disclosing information, limiting government transparency and making it difficult for journalists to access information.
Sedition Proclamation (No. 44 of 1938) and Internal Security (General) Act of 1984: These older laws have been criticized for prohibiting criticism of the government and posing risks to journalists, including for "seditious libel" and potential requirements to reveal sources.
3. Regulatory Body:
Lesotho Communications Authority (LCA): Established by the Communications Act, the LCA is the independent regulatory body for the communications sector. Its functions include:
Issuing and revoking licenses for broadcasters and telecommunication service providers.
Ensuring compliance with the Communications Act and subsidiary legislation.
Developing and enforcing regulations and codes (like the Broadcasting Code).
4. Key Challenges and Concerns:
Criminal Defamation (Decriminalized by Court Ruling): In May 2018, the High Court of Lesotho (sitting as the Constitutional Court) declared the provisions of the Penal Code relating to criminal defamation unconstitutional. This was a significant victory for media freedom, as criminal defamation had been used to stifle dissent and intimidate journalists. However, some legal scholars argue that certain "insult crimes" (like "scandalum magnatum," defaming the King) might still exist on the statute books, indicating an incomplete decriminalization.
Lack of Freedom of Information (FOI) Law: Despite calls from media organizations, Lesotho still lacks a comprehensive Access to Information law. This hinders investigative journalism and government transparency.
Government Control over State Media: The state broadcaster, Lesotho National Broadcasting Service (LNBS), including Television Lesotho and Radio Lesotho, remains an arm of the Ministry of Communications, Science and Technology, rather than an independent public broadcaster. This can lead to biased coverage in favor of the government.
Intimidation and Harassment of Journalists: Despite constitutional guarantees, journalists in Lesotho have faced threats, harassment, and even physical attacks, particularly during times of political instability. This leads to self-censorship.
Computer Crimes and Cyber Security Bill (Pending): A proposed Computer Crimes and Cyber Security Bill (reportedly 2024 version) has raised concerns among media and civil society. Critics fear it contains provisions that could criminalize certain online expression, lead to increased government surveillance, and further intimidate journalists. The Communications Regulations of 2021 (which require registration of electronic devices and had controversial provisions regarding "internet broadcasters" with over 100 social media followers) were also met with significant opposition, and while a parliamentary committee stopped them from being enacted, the government has hinted at pursuing similar legislation.
Judicial Independence and Rule of Law: Broader issues concerning the rule of law and judicial independence can indirectly affect media freedom, particularly in cases involving politically sensitive reporting.
In summary: While Lesotho's Constitution guarantees freedom of expression and the recent decriminalization of criminal defamation is a positive step, the media environment remains challenging. The full implementation of the National Media Policy, the enactment of a robust Access to Information law, and addressing concerns about new cyber legislation are crucial for strengthening media freedom and ensuring a truly independent and vibrant press in Lesotho.
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