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Draft Media Bill 2025: Reform or refined control?

Journalists at work PIC: PHATSIMO KAPENG
 
Journalists at work PIC: PHATSIMO KAPENG

Botswana’s Draft Media Bill 2025 arrives carrying both promise and suspicion.

The government’s decision to finally open the door to reform was therefore welcomed across the media fraternity. On the surface, the proposed legislation appears progressive, modern and consultative. It speaks the language of media freedom, self-regulation, editorial independence and ethical journalism.

But beneath the optimism lies a deeper nagging question: Is Botswana genuinely liberalising the media space, or simply refining the architecture of control?

That question matters because media laws are rarely just about journalism. They are about power.

The Draft Media Bill proposes the establishment of a Media Practitioners Council, a Media Ombudsman and an Appeals Committee, structures designed to regulate the profession through self-governance rather than direct state control. In principle, this is a positive departure from the old framework, which many critics viewed as punitive and susceptible to political influence.

The inclusion of protections against strategic lawsuits against public participation (SLAPP suits) is particularly encouraging. In many democracies, powerful politicians, corporations and public officials increasingly weaponise litigation to intimidate journalists and silence investigations. Botswana’s acknowledgment of this global trend signals a growing understanding that press freedom is not merely about publishing rights but also about protection from institutional harassment.

Yet good intentions alone do not make good laws.

Across Africa, governments have mastered the art of presenting restrictive legislation in democratic language. Terms such as “professionalism”, “ethics”, “responsibility” and “national interest” often sound harmless until they are interpreted by those in authority. The real danger with regulatory frameworks is not always in what they openly prohibit, but in the discretionary powers they quietly create.

The proposed recognition and registration of journalists may appear administrative, but it raises important concerns. Who decides who qualifies as a journalist? Can independent bloggers, podcasters, freelancers and citizen reporters be excluded? In an era where digital platforms dominate public discourse, journalism can no longer be confined to traditional newsrooms.

Botswana’s media landscape has evolved dramatically. Some of the country’s most influential political commentary now emerges from online platforms, Facebook livestreams, podcasts and independent digital publications. Any attempt to narrowly define journalism risks creating gatekeepers in a democratic space that increasingly depends on decentralised voices. At the same time, the country cannot ignore the ethical crisis confronting modern media.

This is because misinformation, sensationalism, and declining professional standards have damaged public trust in journalism worldwide, and Botswana is no exception. Social media has democratised information, but it has also blurred the line between reporting and propaganda. In that context, calls for stronger ethical standards are understandable. However, ethics must never become a substitute for freedom.

A healthy democracy requires journalism that is sometimes uncomfortable, confrontational and disruptive. The role of the press is not to protect governments from embarrassment. It is to hold power accountable. Investigative journalism, by its nature, unsettles political leaders, exposes institutional failures, and challenges official narratives. Therefore, once ethical enforcement becomes vulnerable to political interpretation, the line between accountability and censorship quickly disappears.

Another overlooked issue is economic survival.

Botswana’s media industry is struggling financially. Newsrooms are shrinking, advertising revenues are declining, and journalists are increasingly underpaid. Financial vulnerability often creates fertile ground for political influence because struggling institutions become easier to pressure or manipulate. In that regard, the proposed Media Development Fund could become one of the Bill’s most important reforms if managed transparently and independently.

But that independence is crucial.

If access to funding is influenced by political loyalty, editorial tone or proximity to government interests, the fund risks becoming an indirect mechanism of control rather than empowerment. Botswana must resist the temptation to reward “friendly” journalism while punishing critical reporting through bureaucratic processes.

What ultimately makes this Bill significant is not only its legal content, but the political culture surrounding it.

For years, Botswana has enjoyed a reputation as one of Africa’s stable democracies. But democratic reputations are not permanent achievements; they are maintained through institutional behaviour. A government’s commitment to democracy is not measured by how it responds to praise, but by how it responds to criticism.

This is where the Draft Media Bill 2025 will face its true test.

If government genuinely allows an independent media ecosystem to flourish, including critical, investigative and oppositional journalism, then this legislation could become a landmark democratic reform. But if regulatory structures become vulnerable to political appointments, selective enforcement or bureaucratic intimidation, the Bill may simply modernise control under the language of reform. With this Bill, Botswana now stands at a defining crossroads.

The country can either strengthen democratic accountability by protecting media freedom in both principle and practice, or it can create sophisticated institutions that appear independent while quietly consolidating influence behind the scenes. The difference between those outcomes will depend not on the wording of the Bill alone, but on the courage of lawmakers, the vigilance of civil society and the willingness of journalists themselves to defend their independence.

In the end, a free press is not meant to comfort power.

It is meant to question it.