Media groups call for end to "insult" laws

The media watchdog the International Freedom of Expression Exchange (IFEX) has called for governments in Africa to repeal insult and criminal defamation laws which can shield public officials from scrutiny. "We regard the media's freedom to gather and disseminate news and information and freedom of expression by the public at large essential components of good governance. Indeed, we believe there cannot be good governance if the media is not free or if it is subject to laws which inhibit or prevent the gathering and dissemination of news and information," Raymond Louw, Africa consultant for the World Press Freedom Committee (WPFC) told IRIN. "In particular, there cannot be good governance if countries raise special barriers such as insult laws to protect heads of state, senior government representatives and officials and others against scrutiny of their public activities and conduct," he said. WPFC is supporting the IFEX campaign, along with ARTICLE 19 and the Media Institute of Southern Africa. IFEX maintains that in many African countries insult and criminal defamation laws contradict the right to freedom of expression provided for in their constitutions and recognised in international law. 'Insult' laws generally criminalise what are perceived as slights against government officials or the symbols of the country. Governments and influential individuals have used the laws as a pretext to harass journalists and publishers. "In relation to complaints against the media [such as inaccurate reporting] alternative mechanisms such as reprimand by an independent professional media complaints bodies should be used, and/or the establishment of legal funds for poor people to bring civil defamation actions when they need to," said Jeanette Minnie, project coordinator of the IFEX campaign. A delegation of IFEX members met Botswana President Festus Mogae in November and urged him to set an example for other African countries and the world by scrapping the country's insult and criminal defamation laws. The IFEX delegation emphasised that Botswana was acknowledged to have 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, an IFEX statement said. "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 statement added. More details available at: www.ifex.org