Lesotho Communications Authority (Internet Broadcasting) Rules, 2020 (Proposed)

The Lesotho Communications Authority (Internet Broadcasting) Rules, 2020 were proposed subsidiary rules, published for public consultation by the Lesotho Communications Authority (LCA) on or about 1 October 2020 under the Communications Act, 2012, that would have brought ordinary internet users within the country's broadcasting-licensing regime. They are included under Digital Rights as one of the clearest Southern African examples of an attempt to regulate online expression through a social-media registration and content-control mechanism. Under the proposed Rules, "internet broadcasting" was defined extremely broadly: any internet post accessible to at least 100 internet users in Lesotho, or any post by a user with more than 100 followers in Lesotho, would qualify the person as an "internet broadcaster." Such persons would be required to register with the LCA within six months of promulgation, provide identity documents, proof of residence or place of business and proof of incorporation, and comply with the broadcasting principles and standards applicable to licensed broadcasters under the Lesotho Telecommunications Authority (Broadcasting) Rules, 2004, including codes on community standards, protection of children, privacy, and "fairness, accuracy and impartiality." Critically, the draft empowered the regulator to investigate "internet broadcasters" suspected of breaching the broadcasting rules and to "direct or facilitate removal" of offending posts or content. The Rules attracted strong domestic and international opposition, from MISA Lesotho, Freedom House, Paradigm Initiative and others, on the grounds that registration thresholds of 100 followers/viewers would capture vast numbers of ordinary citizens, chill online speech, and impose licensing and takedown powers without adequate judicial safeguards. They were never formally promulgated as drafted; the LCA did not publish the outcome of the consultation, and the content-regulation effort was ultimately channelled into the Broadcasting Code, 2022 (Legal Notice No. 38 of 2022, in force 14 April 2022), which replaced the 2004 Broadcasting Rules. This entry is therefore recorded as Draft/Proposed. It is retained in the library because the 2020 Rules remain a significant, well-documented digital-rights episode and because the underlying enabling power (section 40 of the Communications Act, 2012) persists. Oversight would have rested with the LCA; this entry does not assert that independent judicial oversight was provided, it was a central criticism that it was not. Should be read with Lesotho's draft Computer Crime and Cyber Security Bill, 2024.

1. 1Defined "internet broadcasting" to capture any post accessible to ≥100 internet users in Lesotho, or any user with >100 followers, sweeping ordinary social-media users into the broadcasting regime
2. 2Required registered "internet broadcasters" to provide identity, residence/business and incorporation documents and register with the LCA within six months
3. 3Imposed compliance with broadcasting codes (community standards, child protection, privacy, fairness/accuracy/impartiality) drawn from the Broadcasting Rules, 2004
4. 4Empowered the regulator to investigate suspected breaches and to direct or facilitate removal of online posts or content
5. 5Lacked independent judicial oversight of registration and takedown powers, a central civil-society objection
6. 6Never promulgated as drafted following MISA Lesotho, Freedom House and Paradigm Initiative opposition; content regulation later pursued via the Broadcasting Code, 2022
7. 7Enabling power (s.40, Communications Act 2012) remains, leaving scope for revival