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Periodical article | Leiden University catalogue | WorldCat |
Title: | Insult laws: a challenge to media freedom in the SADC's fledgling democracies? |
Author: | Balule, Badala Tachilisa |
Year: | 2008 |
Periodical: | The Comparative and International Law Journal of Southern Africa |
Volume: | 41 |
Issue: | 3 |
Pages: | 404-427 |
Language: | English |
Geographic term: | Southern Africa |
Subjects: | freedom of the press defamation democratization |
Abstract: | Media freedom is now generally recognized as an indispensable element of democracy. SADC member-States have embraced democratic governance and have adopted liberal constitutions which, amongst other things, guarantee freedom of expression and media freedom. However, many of these States still have anachronistic laws that unduly insulate public functionaries from criticism of how they conduct public affairs. One form which this protection takes is insult laws, whose rationale is said to be the protection of the honour and dignity of public functionaries. This article examines the impact of insult laws on media freedom in the emerging democracies of the SADC region: Botswana, Lesotho, Malawi, Swaziland, Tanzania, Zambia and Zimbabwe. In particular, it highlights the incompatibility of such laws with the ideals of a democratic society. It argues that it is important for the SADC to take affirmative steps to ensure that its members abolish insult laws. Notes, ref., sum. [Journal abstract, edited] |