This piece was written as part of Advox's partnership with the Small Media Foundation to bring you the UPROAR initiative, a collection of essays highlighting challenges in digital rights in countries undergoing the UN's Universal Periodic Review process. In 2020, the government of Botswana was exposed as one of several African states that used Circles, a spyware firm based in Cyprus, to spy on journalists and media personnel from the country. Botswana’s Directorate of Intelligence and Security Services was quoted as having used Circles’ spyware to hack into people’s communications devices from as early as 2015. The Directorate of Intelligence and Security Services, under the Office of the President, gathers and assesses internal and external intelligence, offering security to top government figures, and advising on national security matters. Botswana is regarded as one of the more mature and stable constitutional and multiparty democracies in Africa — however, the digital realm in Botswana presents a double-edged sword, both a conduit for progress and a breeding ground for potential human rights violations. As technology's embrace tightens, concerns loom over data privacy, surveillance, and online freedom. In mid-2021, Botswana’s police was reported to be using the Universal Forensic Extraction Device manufactured by Cellebrite, a phone-hacking technology vendor. This was to extract data from phones of journalists once again as a crackdown on the country’s media. According to a report by the Committee to Protect Journalists (CPJ), the technology is used to “trace individuals who are willing to share information to the media.” Jonathan Rozen, CPJ’s Senior African Researcher, has highlighted a troubling trend of increased criminalization of journalists since 2020, coinciding with the global crisis triggered by the COVID-19 pandemic. This distressing development has been accompanied by the unwarranted seizure of journalists’ devices under the guise of digital forensics, with the ulterior motive of uncovering their sources, often at the behest of security agencies. The rising incidents of journalists facing criminal charges represent a disturbing threat to press freedom, an essential pillar of democratic societies. Journalists perform a critical role in holding governments and institutions accountable, and their ability to do so should be safeguarded rather than criminalized. The confiscation of journalists’ equipment and the invasive practice of digital forensics not only violate their fundamental rights but also undermine the very essence of journalism. Protecting the confidentiality of sources is a cornerstone of responsible journalism, and any attempts to breach this sacred trust can have a chilling effect on investigative reporting and the public's right to know. In October 2021, according to a Freedom House report, the UN Human Rights Committee expressed concern over an increase in the “scale and scope” of intrusive surveillance methods used against Botswana citizenry by the authorities, through the Directorate of Intelligence and Security Services (DISS). The Freedom House report gives Botswana a 72/100 on the Global Freedom Score for 2022. The government’s failed attempt to introduce warrantless surveillance provisions into the Criminal Procedure and Evidence (Controlled Investigations) Act 2022 heightened concerns about the government’s perception of free-expression rights. It is imperative for governments and authorities to uphold the principles of press freedom, even in times of crisis such as the COVID-19 pandemic. A free and independent press is indispensable for disseminating accurate information to the public, especially during global emergencies. Efforts to stifle journalism and compromise journalists’ ability to report on vital matters should be resolutely condemned and addressed by the international community. On January 24, 2022, the Minister of Defence, Justice and Security, Kagiso Mmusi tabled the Criminal Procedures and Evidence (Controlled Investigations) Bill in the country’s parliament. Two days later, Botswana’s press freedom organizations, including the Media Institute of Southern Africa (MISA) Botswana chapter, issued a statement stating that the proposed law amounted to “nothing short of criminalizing journalism, and with that, the freedom of expression.” Other human rights organizations, including the Universal Periodic Review (UPR) NGO Working Group — consisting of six organizations and led by the Botswana Centre for Human Rights (Ditshwanelo) — also released statements shining the spotlight on the country’s legislative body.