Partner Southern Africa Litigation Centre (SALC) supports Tshepo Junior Sethibe through Obonye Attorneys, represented by Dr Jonas Obonye, who are challenging Section 59(1) of the Botswana Penal Code. The provision in the penal code is phrased in vague and broad terms to the effect of curtailing freedom of expression. It further places an undue burden on the individual who seeks to exercise their right to expression and can easily be prone to abuse by those in positions of power who disapprove of the content being expressed.
The history of ‘false news’ provisions is initially from a colonial period and was used to fight dissent by those colonisers oppressed. Many African countries with these provisions in the law have since taken steps to remove them and allow for freedom of expression.
Read the full article from SALC here: Challenging Criminal Code on Alarming Publications in Botswana