The State of Press Freedom in Southern Africa 2019/2020 Published by MISA Zimbabwe ii SOUTHERN AFRICA PRESS FREEDOM REPORT 2019-2020 iii Namibian journalists demonstrate in Windhoek to commemorate the International Day to End Impunity for Crimes against Journalists on November 2, 2020 CREDIT: NAMIBIA MEDIA TRUST iv SOUTHERN AFRICA PRESS FREEDOM REPORT 2019-2020 This document is based on country reports for Angola, Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, Tanzania, Zambia and Zimbabwe. The country reports were commissioned by MISA Zimbabwe. March 2021 EDITORIAL COMMITTEE: Catherine Anite, Nashilongo Gervasius-Nakale and Izak Minnaar CONTRIBUTORS: Nompilo Simanje, Belinda Ndlovu, Delta Milayo Ndou, Amanda Manyame, Joel Konopo, Simbarashe Nembaware, Sechaba Mokhethi, Aubrey Chikungwa, Ernesto C Nhanale, Philip Santos, Sengiyumva Gasirigwa, Thomas Zulu, Nyasha Nyakunhu UNESCO, the Swedish Embassy, Fojo Media Institute and International Media Support (Fojo-IMS) are pleased to support the Southern Africa Press Freedom Report 2020 with limited financial assistance. However, since this report has been independently developed by MISA Zimbabwe, therefore, UNESCO, the Swedish Embassy and Fojo-IMS have no influence over the content. The authors will be responsible for the choice and the presentation of the facts contained in the paper and for the opinions expressed therein, which will not be necessarily those of UNESCO, the Swedish Embassy and Fojo-IMS and do not commit the Organisation. The designations employed and the presentation of the material will not imply the expression of any opinion whatsoever on the part of UNESCO, the Swedish Embassy and Fojo-IMS concerning the legal status of any country, territory, city or area, or of its authorities or concerning the delimitation of its frontiers and boundaries. CC-BY-SA licence Open Access is not applicable to MISA Zimbabwe copyright photos in this publication. COVER PHOTO: Photojournalist Ruvimbo Muchenje gets into the back of a police pick-up truck over a face mask offence in April 2020. CREDIT: IDAH MHETU IMAGES: With special thanks to Idah Mhetu, Namibia Media Trust, Joel Konopo, Shepherd Tozvireva, CPJ, Independent News, Canal De Mozambique, The Economist and Lusaka Times for the use of images throughout the report. The pictures are accessed under a Creative Commons Licence and are acknowledged as such through this report. v contents ENABLING A FREE, INDEPENDENT 1 Introduction 29 PLURALISTIC MEDIA Gender representation in media 29 content SECTION 1: OVERVIEW AND 2 ASSESSMENT Gender representation in the media 30 workforce Introduction 2 Analysis of differential impact of 31 Regional and international standards 2 Covid-19 on female journalists Freedom of expression, legal and 4 political landscape SECTION 4: COUNTRY REPORTS 34 Attacks on journalists and the media 8 Angola 34 Access to information 11 Botswana 37 Impact of the pandemic 13 Eswatini 40 Media and gender 16 Lesotho 44 Censorship, digital spaces and 18 Malawi 47 internet shutdowns Mozambique 49 SECTION 2: DIGITAL RIGHTS IN 22 Namibia 52 SOUTHERN AFRICA Tanzania 56 Introduction 22 Zambia 59 Enablers For The Exercise Of Digital 22 Rights Zimbabwe 63 Internet access 22 SECTION 5: MEDIA FREEDOM 67 Digital Literacy 23 VIOLATIONS Threats To Digital Rights In Southern 23 Africa ANNEXURE 70 Legislative provisions 23 ACHPR Declaration of Principles on 70 Freedom of Expression and Access Arrests for online communication 24 to Information in Africa (2019) Internet shutdowns 24 Censorship and surveillance 25 Online gender-based violence 26 Digital Rights During Covid-19 In 26 Southern Africa Conclusion and recommendations 28 SECTION 3: GENDER IN THE MEDIA: 29 FEMALE JOURNALISTS AND WOMEN IN MEDIA 1 ENABLING A FREE, stable region, enabling the further prioritisation, pursuit, and achievement of its objectives INDEPENDENT of socio-economic development, poverty eradication, and regional integration (4). PLURALISTIC MEDIA A free and secure media is needed to support the region in the provision of access to Journalists remain the major drivers and information for socio-economic development, vehicles for advancing access to development poverty eradication, and regional integration. information for the achievement of Agenda 2030 and AU Agenda 2063 (1) (The Africa we want) (2). MISA Zimbabwe reaffirms the crucial role of the media for the SDGs, Agenda 2063 and AU Agenda 2063 sync with the 2014 Bali Road sustainable development. Map which advocated for the roles of the media in realising the future we want for all, The Bali Access to information is a fundamental right Road Map (3) further recognised that peace and to free expression in Africa as in other parts of sustainable development increasingly depends the world. on the participation of informed people, which requires a free flow of information and However, the safety of journalists and media knowledge, and that this in turn depends on workers continues to be a huge challenge with freedom of expression on all media platforms; increasing reports of attacks such as arbitrary the Road Map also affirmed the potential role of arrest and detention, jailing, physical assault, the media in underpinning how a country shapes crippling fines, use of or introduction of laws that development, sharing ideas and innovations, are inimical to freedom of expression and even and holding powerful actors to account. killings, which are used as weapons to silence critical journalism in many countries around the The Road Map further stresses that this world. can only be realised where the media is free, pluralistic and independent and where there is Through the Southern Africa Press Freedom safety for actors producing journalism. Report, MISA Zimbabwe is presenting highlights of violations against journalists and media In Southern Africa, SADC’s Vision for 2050 is workers in line with SDG Goals 16.10.1 and for the Community to remain a peaceful and 16.10.2. 2 SOUTHERN AFRICA PRESS FREEDOM REPORT 2019-2020 SECTION 1: OVERVIEW AND ASSESSMENT introduction VIBRANT and critical media is the hallmark of any democratic society. To achieve its fundamental watchdog role of holding those in power accountable, providing reliable information to the Apublic and facilitating debate among citizens on issues of public importance, including democratic processes, the state must uphold and guarantee freedom of expression and access to information rights which enable journalists to do their work. However, the landscape and operational environment for the media in Southern Africa has been characterised by upheavals, accentuated by the Covid-19 pandemic and the advent of the digital age, which have threatened the viability and sustainability of the media. Many of the countries still possess obsolete legal and policy frameworks that unnecessarily hinder the work of journalists and media practitioners, despite having constitutional guarantees on freedom of expression, media freedom and access to information. This has further been punctuated by physical and verbal attacks, harassment and assault of journalists and in some cases raiding of media houses. REGIONAL AND INTERNATIONAL STANDARDS In November 2019, the African Commission on Human and Peoples’ Rights (the African Commission) adopted the Declaration of Principles of Freedom of Expression and Access to Information in Africa (1) to safeguard the rights to freedom of expression and access to information as guaranteed under Article 9 of the African Charter. These Principles repealed the 2002 Declaration on freedom of expression which had become inadequate in so far as expounding on digital rights and the right to access information. to information, including the parameters of restriction. In particular, Article 19 of the ICCPR The Declaration expansively sets out and provides for everyone’s right to freedom of promotes principles on freedom of expression, opinion and the right to freedom of expression; access to information and internet rights in Africa, and this right shall include freedom to seek, adopting international standards under Article 19 receive and impart information and ideas of all of the Universal Declaration on Human Rights kinds, regardless of frontiers, either orally, in and article 19 of the International Covenant on writing or in print, in the form of art or through Civil and Political Rights (ICCPR), which provide any other media of his choice (2). The article for the right to freedom of expression and access further introduces limitations under which these 3 MISA Lesotho chairperson Nkoale Oetsi Tsoana and former chairperson Boitumelo Koloi address a press con- ference on LCA broadcasting regulations CREDIT: SECHABA MOKHETI rights may be restricted only as provided by law drawing from international standards and best and are necessary: a) for respect of the rights or practices. Principle 1 emphasises the importance reputations of others; (b) for the protection of of freedom of expression and access to information national security or of public order (ordre public), as fundamental, crucial and indispensable for or of public health or morals. (3) the free development of the human person, the creation and nurturing of democratic societies and The Declaration establishes standards under for enabling the exercise of other rights. Principle which the rights to freedom of expression and 2 provides for non-interference with freedom access to information, both online and offline, of opinion, Principle 3 sets out the standards should be enjoyed and