Not applicable 	Na

Not applicable 	Na

Name of Institution: Independent Electoral Commission
Website Address: http://www.iec.org.ls/

estimated total: 	12125000 
Exchange rate used 	8.00R=1.00$

Not yet tabulated for 2015 elections

1,210,079

USD/registered voter 	13.90
Exchange rate used 	8.00R=1.00US$

Voter registration and preparation of voter lists 	53%
Election Management Body administration 	15%
Staff/Equipment/Supplies 	0,08%
Security 	0,4%
Official funding of parties and candidates 	0%
Voter education 	25%
Materials/systems for and operation of voting stations and ballot counts 	10%
Challenges, dispute resolution and legal costs 	0,2%
Polling operations 	20%
Vote tabulation 	0,02%
Other 	

hours: 	X
days: 	
weeks: 	
Not applicable 	

Name and Title: Sonam, The Carter Center	

The government generally respects freedoms of speech and the press. Although press freedom is not directly mentioned, the constitution guarantees freedom of expression and informational exchange. However, multiple laws, including the Sedition Proclamation (No. 44 of 1938) and the Internal Security (General) Act of 1984, prohibit criticism of the government, provide penalties for seditious libel, and endanger reporters’ ability to protect the confidentiality of their sources. The 1967 Official Secrets Act and the 2005 Public Service Act prohibit civil servants from disclosing information, limiting the transparency of government institutions and making it difficult for journalists to conduct investigations. The government has recently improved its disclosure practices, but access to information remains impeded, and the procedure for requesting it is unclear. After 13 years of discussions between the government and media professionals, a package of media reforms came close to passing in 2010, but the cabinet decided to refer the proposed policies back to the Ministry of Communications rather than send them to Parliament for approval. The reforms would depoliticize government-owned media outlets, eliminate “national security” statutes that allow government censorship, and move many slander and libel cases from the courts to an arbitration system. Despite three drafts by the ministry, the reforms had not been sent back to Parliament by the end of 2012. There were no reports that the government used the restrictive laws to control the media during the year. 	

Lesotho has still not passed legislation to create a public broadcaster. The Lesotho National Broadcasting Service (LNBS) is a part of the Ministry of Communications, Science and Technology, and according to the 2009 Lesotho Media Policy, the LNBS continues to operate ‘as an arm of the Government’. The LNBS is made up of:
 Television Lesotho – which provides free-to-air television in Lesotho. It is important to note that terrestrial infrastructure is limited, which means that Television Lesotho is only accessible throughout the entire country via satellite.
 Radio Lesotho – which provides two sound broadcasting channels or services that are available free-to-air throughout the entire country.
A Lesotho Broadcasting Corporation Bill was published in 2004, which bill aimed to transform the state broadcaster (the LNBS) into a public broadcaster; however, the bill was never enacted.
  	

The Constitution of Lesotho does not provide constitutional protection for an independent broadcasting regulator and for a public broadcaster, though both of these institutions are important for ensuring access to news and information by the public.

Lesotho Telecommunication Authority (Broadcasting) Rules 2004; Lesotho Telecommunications Authority Act 2000 (Act No. 5 of 2000)

REFER TO LESOTHO TELECOMMUNICATION AUTHORITY (BROADCASTING) RULES 2004:
Purpose of the regulation
It is important to note that these are a set of administrative rules made by the Lesotho Telecommunications Authority (“the LTA”) governing the broadcasting sector that were made in terms of section 16(2) of the Lesotho Telecommunications Authority Act, 2000.
Sector of the media affected by the regulation
The rules apply only to radio and television broadcasters.
Key provisions
The rules regulate several administrative and content issues in the broadcast sector.
Section 3 deals with records that are to be kept by licensees and include: corporate status documents, employee records, programme schedules and logs as well as advertising and music logs. Original recordings of all programmes broadcast must be retained for at least three months.
Part III of the rules is headed Code of Practice and deals with content regulation. Keys aspects of this part are as follows:
Section 6 of the Code of Practice deals with broadcast content regulation and prohibits a licensee from broadcasting content which, when measured by contemporary community standards:
offends against good taste or decency;
contains the gratuitous use of offensive language, including blasphemy; presents sexual matters in gratuitous, explicit and offensive manner; glorifies violence;
is likely to incite crime or lead to disorder; or
is likely to incite hatred based on a number of grounds including race ethnicity, nationality, gender, marital status, sexual preference, age, disability, religion or culture.
Section 7 requires licensees to avoid content, which may disturb or be harmful to children such as offensive language, or explicit sexual or violent material.
Section 8 deals with news and information programming and requires: fairness, accuracy and impartiality in news and information programmes; that news and information to be presented in context and in a balanced manner
that where reports are founded on opinion, supposition, rumours or allegations, this be clearly indicated;
that where there is reason to doubt the correctness of a report that verification be undertaken and if this is not possible that this fact be mentioned; and
corrections of factual errors be broadcast as soon as reasonably possible and with due prominence.
Section 9 deals with news and information programmes on controversial issues and its key provisions are as follows:
in reporting on controversial issues of political, industrial or public importance, an appropriate range of views are to be reported either within
a single programme or in a series of programmes;
during phone-in programmes, a licensee shall ensure that a wide range of
opinions is represented over a reasonable period of time;
a person or organisation whose views have been criticised during a programme on a controversial issue of public importance, shall be offered a reasonable opportunity by the licensee to reply to such criticism and the reply shall be given a similar degree of prominence and broadcast during a similar timeslot as soon as reasonably possible after the original criticism.
Section 10 deals with the conducting of interviews and its key provisions are as follows:
that persons interviewed by the licensee shall be advised of the subject of the interview and be informed beforehand whether the interview is to be recorded or broadcast live; and
that before conducting an interview with a child, a licensee shall request permission in writing from the child’s parent or guardian.
Section 11 deals with comment and provides that a comment, whether by the licensee or by a person invited on air by the licensee, shall be presented in manner that clearly indicates that it is a comment. Further, a comment shall be an expression of opinion and shall be based only on facts.
Section 12 deals with privacy and provides that a licensee shall not present material which invades a person’s privacy and family life unless there are identifiable public interest reasons for doing so.
Section 13 deals with payment for information obtained from criminals and provides that a licensee shall not pay persons involved in crime or persons who have previously engaged in crime to obtain information unless there are compelling public interest reasons for doing so.
Section 14 deals with party-political broadcasts and advertisements and the most important aspect of this is that it provides that although a licensee is not required to broadcast a party-political advertisement, if it elects to do so, it shall afford all other political parties a similar opportunity in a non- discriminatory manner.

Part IV of the rules contains the Advertising and Sponsorship code, the key aspects of which are as follows:
LESOTHO 29
Section 15 requires that broadcast advertisements must be decent, conform to principles of fair competition in business and should not mislead the audience or discredit other products.
Section 16 deals with scheduling of advertisements and requires, among other things, that there be a clear distinction between advertisements and programming and that advertising be appropriate for children during times when children may be expected to be in the audience.
Section 17 deals with sponsorships and provides that a licensee may accept sponsorships for programming, including of news bulletins, provided:
the licensee retains ultimate editorial control over the programming; impartiality and accuracy of the programming is not compromised; sponsorship is clearly acknowledged.
Part V deals with complaints and investigations and the key aspects of this are as follows:
• Section 18 requires that a broadcaster must ensure that a complainant is advised
of their right to take a complaint to the LTA if s/he is not satisfied with the
broadcaster’s response to the complaint.
• Section 19 requires broadcasters to make copies of relevant programming
available to any person who requests same in circumstances where the person
has reason to believe that he or she has been unfairly treated.
• Section 20 and 21 provide for the LTA to initiate investigation and monitoring procedures and for broadcasters to co-operate therewith. These sections and specifically provide that broadcasters have a right to make oral or written
representations to the LTA.
Part VI deals with amendments of licence conditions. Section 23 deals with amendments imposed by the LTA whereas section 24 deals with amendments requested by a licensee. It is important to note that section 23 requires notification be given to the licensee but does not provide for a broader public process while section 24 gives the LTA the choice whether to invite other licensees to make representations on the requested amendment.
We are of the view that giving competitors and the public an opportunity to make representations on all proposed amendments to licences ensures that the regulator is likely to have access to the best possible information on the relevant issues.
Powers granted to the Minister or Director General by the regulation
None.
Provisions for media not controlled by the state
The Act does not make specific provisions for media not controlled by the state but applies broadly to both private and state broadcasters.
Body which enforces compliance with the regulation
The LTA is responsible for enforcing compliance with the rules.
Provisions limiting media ownership
The rules do not provide for any type of media ownership limitation.
Consequence of non-compliance with the regulation
In the event of a finding that a licensee has failed to comply with a requirement of the LTA Act, 2000, the rules or a license condition, the LTA may impose a fine, direct the licensee to broadcast a correction or an apology, or both. In terms of section 26(2), the LTA determines the amount of the fine payable. 	

LESOTHO MEDIA LAW HANDBOOK
Right to Respect for Private and Family Life
Section 11(1) of the Lesotho Constitution provides that “[e]very person shall be entitled to respect for his private and family life and home”. This privacy right is often raised in litigation involving the media with subjects of press attention asserting their rights not to be photographed, written about or followed in public etc. The media does have to be careful in this regard and should be aware that there are always “boundaries” in respect of privacy which need to be respected and which are dependent on the particular circumstances, including, whether or not the person is a public figure or holds public office and the nature of the issue being dealt with by the media.
• States of Emergency and Derogations from Fundamental Human Rights and Freedoms Provisions
It is also important to note the provisions of sections 21 and 23 of Chapter II in the Constitution of Lesotho that deal with Derogations of Fundamental Human Rights and Freedoms and States of Emergency. In terms of section 23, a state of emergency may be proclaimed by the Prime Minister acting in accordance with the Council of State for a period of 14 days. If each House of Parliament approves the declaration then it will remain in force for six months (although this can be further extended for up to six months at a time) in “a time or war or other public emergency which threatens the life of the nation”. Importantly, section 21 specifically allows for states of emergency legislation to provide for the derogation of certain rights laid down in Chapter II of the Lesotho Constitution, however none of the rights which are important to the media and which have been summarised above, are included in the list.

Amount (Euros) 	
The law does not specify any limits on paid advertising 	X

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Name and Title: 	Dr. Khabele Matlosa
Job Title: 	Senior Advisor-Research
Organisation: 	EISA
Contact Address. 	14 Park Road, Richmond, Johannesburg, South Africa
Telephone: 	0027-11-4825495
Facsimile: 	0027-11-4826163
Email: 	[email protected]

Mandatory referendum 	1966
Optional referendum 	
Citizens' initiative 	
Agenda initiative 	
Recall 	
Not applicable 	

Mandatory referendum 	1966
Optional referendum 	
Citizens' initiative 	
Agenda initiative 	
Recall 	
Not applicable 	

Turnout quorum 	x
Approval quorum 	
No quorum required 	
Not applicable 	

Turnout quorum 	
Approval quorum 	
No quorom required 	
Not applicable 	x

Yes, the maximum capacity is: 	500
No 	

The smallest polling station: 	5
The largest polling station: 	5
Average per polling station: