We are failing to uphold Botho

Batswana were divided on the issue and we wrote that ordinarily, Mmegi – as a newspaper whose establishment and growth have leveraged off the fight for full freedom of expression – would have assumed the vanguard in defending Anderson’s right to be heard. We added that however, his comments prior to and after arrival in Botswana make the freedom of speech argument untenable in his case. His comments also reignite an underlying debate about the lack of clear “hate speech” legislation in Botswana.

The Constitution is clear on freedom of expression. No person may be hindered in the enjoyment of their freedom of expression, which is the freedom to hold opinions and to receive ideas and to communicate without interference. There are however no specific provisions on hate speech and for this, we rely on sections of the Penal Code such as those on incitement to violence and unlawful society.