3 July 1997

Your Excellency

We the undersigned organisations welcome your government’s decision to consult with members of the Botswana media concerning the Mass Media Communications Bill. We also wish to express our full support for the concerns raised by our colleagues in Botswana about the implications of the Bill for media freedom in your country, and respectfully implore you to uphold the principles of free speech and media freedom in any legislation affecting the media.

Recalling the Windhoek declaration, adopted by all SADC countries including Botswana, which states, among others, that:

1. "...The establishment, maintenance and fostering of an independent, pluralistic and free press is essential to the development and maintenance of democracy in a nation, and for economic development."

2. "By an independent press, we mean a press independent from governmental, political or economic control, or from control of materials and infrastructure essential for the production and dissemination of newspapers, magazines and periodicals."

We find the Bill as it stands to be in violation of these sections specifically in that it:

1. Calls for the registration of publications as well as for the accreditation of local and foreign journalists. These measures amount to undue government influence in the right of journalists to operate freely and the right of newspapers to publish. Such legislation can be used as a means for government to silence media, when in fact, it should have no right to do that in a democracy.

2. Fails to guarantee the establishment of an independent broadcasting authority that will regulate and oversee broadcasting activities in Botswana. The Bill as we understand allows for the government to appoint a broadcasting board which will manage the frequency spectrum and consider applications for broadcasting licences. This we feel also amounts to government control over broadcasting by public and independent media and we urge you instead to guarantee the establishment of an independent broadcasting authority, whose members will be appointed in an open and transparent fashion and who will regulate and oversee broadcasting activities in your country. Such a body should be publicly funded and be accountable to a democratically elected parliament. This we feel will be most consistent with the Windhoek Declaration and other international instruments, such as the Universal Declaration of Human Rights, which recognise the right of media to operate freely and independently of government control.

3. Seeks to establish a media council which includes members to be appointed by government and which further seeks to criminalise the actions of journalists through the imposition of a fixed fine of P10 000 for every offence and prosecution. We are mindful of the fact that journalists have a responsibility to uphold journalistic ethics through their professional codes of conduct. We believe too that structures could be put in place which hold journalists accountable for their practices within the context of accepted professional ethics and standards, and which would give the public access to a complaints mechanism. However, these structures should be voluntary and free from both government intervention and control. They should not seek to criminalise the actions of journalists but rather ensure that journalists uphold professional standards and ethics.

We respectfully urge your excellency to consider our appeal and further urge you to continue your dialogue with members of the Botswana media as well as other interested parties and to consider their concerns before tabling the Bill in Parliament.

We thank you for taking the time to read this letter.

ENDORSED BY THE FOLLOWING ORGANISATIONS:

Freedom of Expression Institute
Lawyers for Human Rights
South African Union of Journalists
National Community Radio Forum
National Community Media Forum
Open Window Network

CC:
Rt. Hon. Minister Ponatshogo Kedikilwe
Minister of Presidential Affairs and Public Administration
Office of the President
Tel: + 267 350 846
Fax: + 267 350 888