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Legal framework hampers press freedom ranking

2022-05-05  Paheja Siririka

Legal framework hampers press freedom ranking

Media experts are citing the lack of a legal framework, including the pending access to information bill, as key issues that may have led to the drop of the country’s top continental press freedom index ranking.

The latest results by Reporters Without Borders (RSF) show that Namibia has improved from 24th to 18th in the world, but dropped to second in Africa after Seychelles, followed by South Africa.

“There are areas of concern that need intervention. The legal framework is an issue that should be tackled. Seychelles got to the first position because they decriminalised defamation, which is something that threatens freedom of expression, and they enacted their access to information bill,” highlighted media ombudsman John Nakuta.

Defamation is no longer a crime in Seychelles after president Wavel Ramkalawan signed an amendment to the penal code into law in 2021. That country’s parliament approved the repeal of Chapter 18 of the penal code.

The Seychelles News Agency reported Ramkalawan as stating that the decriminalisation of defamation reflects major strides in the right direction for Seychelles in the arena of freedom of expression, and in providing the right landscape and space for journalists to practice their profession freely without fear of criminal prosecution.

“In Namibia, defamation is a common law crime in terms of Roman-Dutch law. Criminal defamation threatens freedom of expression and leads to stifling debates where abuse of power happens, which leads to the limiting of people’s opinion on certain matters,” Nakuta explained.

He said something worth celebrating in Namibia is that media practitioners and journalists are not thrown into jail for doing their jobs, and can freely express themselves while carrying out their duties without any threats from anyone. 

“We cannot relax just because we held the first position for the continent’s freest press,” he noted.

In the 180 countries and territories ranked by RSF, indicators are assessed based on a quantitative survey of press freedom violations and abuses against journalists and the media, and a qualitative study based on the responses of hundreds of press freedom experts selected by RSF (journalists, academics and human rights defenders) to a questionnaire with 123 questions.

Strategic coordinator at the Namibia Media Trust Zoé Titus said there is a need to improve the media landscape in Namibia as it has been surpassed by Seychelles and that is due to the political environment, among other things.  

“We need to up our game. A notable absence which may not have been in Namibia’s favour is the legislative framework, which is something Seychelles have in place. The issue of cybersecurity laws and access to information, which are not enforced, needs to be addressed. We need to operationalise whistleblower and witness protection so that we can root out corruption,” she stated. 

Titus said Namibia has been consistent with the high ranking, and it is now in the hands of the legislature to ensure that laws about media freedom are passed and implemented. However, this does not mean civil society and other key stakeholders should not push government for the implementation of these laws. 

Charge d’Affaires of the US embassy, Jess Long, said the determination of Namibian journalists and media professionals who continue to be the beacons of press freedom on the African continent, is plausible.

“Under this year’s theme ‘Journalism under Digital Siege’, World Press Freedom Day shines the needed light on how surveillance impacts journalism, freedom of expression and privacy. Malware and spyware are increasingly being used against journalists and human rights’ defenders. 

The growing sophistication and undetectability of malware and spyware endanger free and independent journalism,” reasoned Long.

The 2022 edition of the World Press Freedom Index highlights the disastrous effects of news and information chaos – the effects of a globalised and unregulated online information space that encourages fake news and propaganda. The trio of Nordic countries at the top of the Index – Norway, Denmark and Sweden – continue to serve as a democratic model where freedom of expression flourishes.

The secretary-general of the Namibia Media Professionals Union (NAMPU) Sakeus Ikela said the union reiterates that the world needs to do more to ensure that journalists are free to do their work, and expresses their solidarity with journalists and media workers all over the world who continue to operate in unfriendly environments.

“The latest ranking, moving Namibia from the rank of 24th to 18th in the world, is a welcome development. We, however, take note of the latest development, which indicates that Namibia has lost its ranking as the freest (press) country in Africa. We congratulate Seychelles,” he added.

Ikela said while there has been significant progress in terms of safeguarding press freedom in Namibia, media workers are still faced with challenges that threaten their welfare. 

- psiririka@nepc.com.na


2022-05-05  Paheja Siririka

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