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“Lesotho media has, since democratic rule, operated under a relatively free constitutionaldispensation that extends a general protection of the freedom of expression to all citizens.However, several media-unfriendly laws still exist on the statute books and ought to be repealed– the Sedition Proclamation Act of 1937 and the Internal Security Act of 1984 to mentionbut a few.” – Thabo Motlamelle, State of the Media in Southern Africa, 2003Media policyThe issue of media policy in Lesotho continues to be beset by obstacles. Since the 1990s, thegovernment and independent media houses have been involved in drafting a media policy.This has never been adopted by the government, however, which has since drafted a newInformation Communication Technology (ICT) policy, incorporating the policies for both printand electronic media.MISA Lesotho has expressed misgivings with the view that an ICT policy would fail to addressissues central to regulating the media environment. MISA Lesotho is concerned that the ICTpolicy essentially addresses technological issues, instead of the deployment of that technologyand the institutional mechanisms that are necessary to ensure that the principles of freedom toinformation and freedom of expression are respected.The Ministry of Communications convened a broad-based stakeholders’ meeting to debate theICT policy, and it was criticised by civil society and business sector stakeholders. It has sincecome to the attention of the stakeholders that the government went behind their backs to producea draft policy bill which is now ready for distribution to stakeholders for consultation.The latter are skeptical about the policy, arguing that government did not adhere to the guidelinesand principles they propounded.Media law and freedomThere is no specific law that regulates the media in Lesotho. Rather, there are various pieces oflegislation which impact on the media, as well as principles of common law, introduced withthe British colonial rule in Lesotho. A media law audit commissioned by MISA in 2002/3identified a number of laws that impact on the media in Lesotho. It emphasised the importanceof having a clear legal and institutional framework within which the media operates, namely amedia-specific law. This would enhance freedom of the press and of expression, as well asraise the levels of professionalism within the media.As Lesotho has ratified both the International Convention on Civil and Political Rights and theAfrican Charter of Human and Peoples’ Rights, any legislative or regulatory framework in thecountry has to be in line with these international instruments, as well as media practice ingeneral. Although the constitution guarantees every person fundamental human rights andfreedoms, including the right to freedom of expression, the constitution does not make anyspecific reference to media freedom. It has been suggested that a new clause that specificallymentions freedom of expression as including media freedom should be added to the constitution.AuditsThe Lesotho media currently lacks regular audience audits to determine a newspaper’s readership,for example, in relation to the country’s population. Such audits could also assist thecourts in determining the extent of damage suffered by a plaintiff and the compensation due tothem for damages to dignity and fame. There is, however, no frame of reference to support thisSo This Is Democracy? 2005-52-Media Institute of Southern Africa