Chilisa defends naked Khama picture
Tefo Pheage | Tuesday September 13, 2016 16:07
Attorney Mboki Chilisa said the Constitution protects both respectful and disrespectful speech. “The exercise of free expression can be extremely painful and extremely unpopular. It is when it is most painful and unpopular that it deserves protection. There is greater good in protecting unpopular, disrespectful and painful speech than in seeking to punish it,” Chilisa said.
He explained while he does not condone what has been done, he does not believe that parody is actionable in law. “Parody or satire doesn’t cross the line. If it crosses the line then it can’t be parody,” he said citing a case Hustler Magazine v. Falwell - an old US Supreme Court case where Hustler had published an image of the well respected priest Jerry Falwell, portraying him as an incestuous drunk who has sex with his mother.
He said the court held 8-0 that it was not actionable as it was protected political speech, because no reasonable person would have believed it as factual. “The point is no reasonable person would believe that it is President Khama,” he concluded.
Chilisa’s comment follows the social media photo-shopped picture depicting Khama in front of Parliament as a naked excited citizen over BOT50 independence. The picture has drawn overwhelming attention, not only from across the social media but the presidency, which has expressed utter disappointment at the perpetrators.
The Office of the President (OP) has expressed anger at the circulating picture which has caused a series of debates on social media. The debate has been centred around freedom of expression and respecting the dignity of the number one citizen. In a statement released yesterday the OP said it has noted “with concern and disappointment the circulation through social media of photo-shopped image of H.E. the President, which is by any standard offensive and derogatory in its nature”.
The statement further reminds members of the public that the law shall take its course on the perpetrators.
“The laws and norms governing publication of offensive and libellous and/or maliciously false content on social media platforms is no different from that of any other media,” reads the statement. It says such laws and norms, moreover, are in place not only to protect the dignity of the Head of State, but for all individuals and society as a whole.
“In this respect we are aware and concerned about the wider trend of publishing offensive material through social media.” The Presidency applauded the nation for condemning the disputed image. The OP says they welcome the fact that since its publication, the image in question has been widely condemned by “individuals from across society, underscoring the basic fact that when it comes to upholding basic norms of human dignity we remain a nation united in our diversity”.
Lawyers have as well been debating on whether Khama could sue the perpetrator or not. The youth in debates largely held conservative views saying the picture and its display is not in tandem with one of Botswana’s five national principles, Botho.