Sedition and Freedom of Expression for Journalists in Botswana: A Comment on Mokone v Attorney General and Others

Abstract

AbstractJournalists play an important role in promoting and facilitating the right to freedom of expression. To promote and facilitate freedom of expression effectively, they should be free to perform their duties without fear of reprisals, intimidation or harassment. Journalists should carry out their duties in a legally safe environment. It has, however, been observed that journalists across the world are subjected to various human rights violations and abuses aimed at hindering them in performing their work. Journalists in Botswana also endure harassment and intimidation. One form in which this harassment manifests itself is through the use of sedition laws. In many countries these laws have been found to limit the right to freedom of expression unjustifiably. The legality of sedition laws has been considered by the courts of Botswana, where the High Court upheld their constitutionality. This note critically analyses the High Court's decision.