27 Jul 2022

Minister for State President, Mr Kabo Morwaeng has tabled the Media Practitioners’ Association Bill 2022, which seeks to repeal the Media Practitioners Act of 2008.

Tabling the bill for the second reading on Tuesday July 26, Mr Morwaeng said its main purpose was to preserve the freedom and independence of the media in Botswana.

He said the bill would establish a media practitioners’ board together with its functions and proceedings. 

He added that the bill would establish a complaints and disciplinary committee as well as an appeals committee to adjudicate over breaches of provisions of the act.

Mr Morwaeng said government wanted to repeal the current Media Practitioners Act because it was viewed as draconian and counter democratic by the media.

“A decision was made to repeal and re-enact with amendments the act with a view to improve media relations with government, and the Botswana standing in the Global Press Freedom Index. To that end, extensive consultations were done with the media fraternity and educational institutions to come up with a law best suited for Botswana. 

During consultations, it was agreed that the new law be renamed the Media Practitioners Association Act to distinguish it from the soon to be repealed Media Practitioners Act,” said the minister.

Mr Morwaeng said institutions that were consulted included the Media Institute of Southern Africa (MISA) Botswana chapter, the Editors Forum, the Press Council of Botswana, the Botswana Media and Allied Workers Union and the University of Botswana Media Studies Department.

He said significant differences between the bill and the current act was that it promoted the freedom and independence of the media in Botswana.

“In the spirit of attaining the freedom and independence of the media, the bill removes the involvement of government in the day-to-day affairs of the media. 

The minister does not play any role in the appointment or dissolution of the governing body of the association. 

The minister does not have the authority to direct that the governing body be dissolved and that a new body be elected as is the case at section 35 of the current act,” said the minister.

Mr Morwaeng also noted that the bill had done away with the provision that enjoined the chairperson of the governing body to deposit copies of any proposed amendments to the code of ethics with the minister.

He said committees established in the bill were not appointed by the minister compared to the current act where the minister appointed committees such as the complaints committee and the appeals committee.

He also said the bill emphasised good conduct of journalists through establishment of ethics and conduct committee under part 9 of the bill. He said one of the functions of the ethics committee was to ensure adherence to high standards of journalism.

He further said the bill under part 7 introduced the media fund which would be administered and managed by the board.

“The bill also introduces offences and penalties for contraventions set out at clause 60 of the bill. This is another important improvement from the (current) act which serves the purpose of putting pressure on media practitioners and any other person to deter them from contravening the set provisions of the new act,” said the minister.

Mr Morwaeng also said to address the contention that the current act was draconian, the bill in the regulation making provision provides for the minister to make regulations in consultation with the association.

“The minister no longer has the regulations making authority to issue directions for the dissolution or constitution of the executive committee as is currently the case,” said the minister.

He noted that the bill also brought the desirable element of accountability within the sphere of journalism by requiring that media enterprises indicate the full names of journalists when publishing news articles. He said the development would safeguard the interest of the public and promote professional standards in the media.

Members of Parliament showed support to the bill. Maun East MP, Mr Goretetse Kekgonegile said it was overdue. Mr Kekgonegile also said the media had for a long time decried the draconian nature of the Media Practitioners Act of 2008. 

He, however, expressed concern that there was emphasis on sanctions in the bill just like in the current act. 

He said the bill should instead be promoting ethics.

“The bill still has that spirit to beat journalists and media houses into submission,” said the legislator.

Mr Kekgonegile also welcomed the proposal for ex-officio members of the board not to have voting rights. 

He said the bill should discourage biased political reporting and political interference on media houses. 

He further said the bill should promote freedom of information and turn government media into public broadcasters.

Mochudi East MP, Mr Mabuse Pule said the bill demonstrated government’s commitment to promote media freedom and democracy.

Gaborone North MP, Mr Mpho Balopi said the bill would cultivate trust between government and the media.

Selebi Phikwe West MP, Mr Dithapelo Keorapetse expressed happiness that the Media Practitioners Act was being rescinded, adding that it had brought fear to journalists. He said  journalists were being harassed and faced the challenge of lack of freedom of access to information. 

Mr Keorapetse, who is also Leader of Opposition, said there were still many laws which were unfriendly for media to operate. 

He, however, said the bill was a good start towards promotion of media freedom. Ends