MAX HAMATA, Windhoek | Wednesday
THE Namibian government on Tuesday unveiled a new Defence Bill which includes draconian measures that attempt to restrict the media’s reporting on military activities.
Defence Minister Erkki Nghimtina said in the National Assembly that it would be an offence to publish “information calculated or likely to endanger national security or the safety of members of the Defence Force”.
According to the Minister, such measures were necessary “as we realised that editors, proprietors and printers were not security conscious and that their actions can compromise the security of the country and safety of our members if not controlled”.
The Ministry of Defence has never consulted the media on the controversial clause.
The Bill also makes it an offence to take “photographs, make sketches, plans, models or notes of military premises or installations.”
He said the reasons behind the prohibition are “very obvious. Nowhere in the world are military installations allowed to be photographed for pleasure.”
The draft law also authorises military personnel to seize cameras and films if they think they have been used to photograph military sites.
Prominent media lawyer Dave Smuts said sections of the Bill related to the press were unconstitutional.
“[They] appear to be over broad and are in conflict with the right to freedom of expression. It goes beyond the protected rights.”
He said the courts are likely to strike down the provisions.
“It gives rise to a constitutional challenge.”
The Bill could be applied in an unconstitutional manner to suppress freedom of expression, he added.
Approached for comment, Nghimtina said Namibia was trying to avoid calamities similar to the recent terrorist attack on the United States.
“Well there is democracy in our country but we can’t have unguided democracy. There are limitations to every democracy. Look at what happened to the Americans. We can’t publish information when for instance our troops are going on a mission. But we can report on them [troops] when they are returning from a mission,” he added.
The Bill will also exonerate the State and the Ministry of Defence against possible claims by spouses, parents, children, or other dependents for the loss of lives and properties of persons “conveyed in vehicles, aircraft or vessels” of the state used on behalf of the Defence Force. – The Namibian