A/HRC/40/CRP.1 Within domestic law, the Transitional Constitution (2011) enshrines in Article 24 the right to freedom of expression, reception and dissemination of information, publication, and access to the press without prejudice to public order, safety or morals as prescribed by law. The Media Authority Act (2013) also enshrines principles of freedom of the press including reiterating Article 24 of the Transitional Constitution, and stating that the law will promote freedom of expression, a diverse range of media services which serve South Sudan’s national languages, ethnic beliefs and cultures of the communities, and enhance the right of the public to know through promoting pluralism and a wide variety of publications and programming. It further specifically provides that free media representing all groups and divisions of society shall be protected as essential to democracy, giving independent scrutiny of Government, and will be protected from censorship and against journalists having to reveal their source. 152 However, other aspects of domestic legislation undercut this Constitutional protection. The Penal Code (2008) criminalises a) defamation;153 b) the publication or communication of false statements prejudicial to South Sudan (including statements which incite or promote public disorder or violence or endanger public safety; adversely affect the defence or economic interests of South Sudan; undermine public confidence in a law enforcement agency or the Defence Forces of South Sudan; or interfere with any essential service);154 and c) statements undermining the authority of or insulting the President (including statements which engender hostility, hatred, contempt or ridicule toward the President; or are abusive, indecent or obscene toward the President). 155 The Media Authority Act relies on the Penal Code’s defamation definition despite setting out procedures for handling defamation in section 28.156 The National Security Service Act (2014) also gives broad powers to the National Security Service (NSS) allowing it to undertake surveillance and detention which it has used to silence journalists, political dissidents and civil society actors. These powers include the authority to monitor frequencies, wireless systems, publications, broadcasting stations and postal services with respect to security interests; request any information, statement, document, or any relevant material from any suspect and potential witness for perusal or examination, keep or take necessary or appropriate measures in respect of such information, statement, document or relevant material; summon, investigate and take particulars and depositions from any suspect and potential witness.157 The Media Authority Act (2013) created the Media Authority which began operating in February 2017 with a mandate to regulate, develop and promote an independent and professional media in South Sudan. 158 However, the Commission has documented cases in which the Media Authority not only instituted administrative hurdles for media houses and journalists, hampering their ability to operate, but also participated in their intimidation, arbitrary arrest and detention, interrogation as well as the confiscation of their media equipment. For example, in June 2017, the Media Authority requested all media houses to register including media advocacy groups and associations, television stations, radios, newspapers and magazines and printing companies.159 In September 2017, it warned that non-compliance would result in fines and de-registration. This directive exceeded the Media Authority’s mandate which only mandates the authority to regulate broadcast media, whereas print media is explicitly stated to be self-regulating under the Media Authority Act (2013).160 Pursuant to this directive, in March 2018, the Media Authority issued a suspension order to the UN-operated Radio Miraya, which has the widest radio coverage in South Sudan, and asked the National Communication Authority to withdraw the frequency assigned to it.161 152 Media Authority Act (2013), sections 12, 13. Penal Code (2008), section 289. 154 Penal Code (2008), section 75. 155 Penal Code (2008), section 76. 156 Media Authority Act (2013), sections 5, 28. 157 National Security Services Act (2014), section 13. 158 Media Authority Act (2013), section 7(1). 159 UNMISS/OHCHR, Report on the Right to Freedom of Opinion and Expression in South Sudan since the July 2016 Crisis, February 2018. 160 Media Authority Act (2013), sections 6(13)(i), 6(13)(j), 7(5). 161 Radio Tamazuj, “South Sudan government suspends UN radio station”, 9 March 2018. 153 27