ANALYSIS OF COVID-19 REGULATIONS VIS-À-VIS FREEDOM OF EXPRESSION IN THE SADC REGION and dissemination of information which is very important when faced with a crisis such as COVID-19. states should create an enabling environment for the exercise of freedom of expression and access to information, including ensuring protection against acts or omissions of non-State actors that curtail the enjoyment of freedom of expression and access to information.9 Equally important to this research is the Joint Declaration on Freedom of Expression and ‘Fake News’, Disinformation and Propaganda is also considered as it provides valuable recommendations that are beneficial to this study.10 Freedom of expression is a facilitative right that contributes to the realisation of other human rights. In this case, this study reaffirms that freedom of expression and access to information are essential elements of the right to health.7 The study examines the state of freedom of expression in the SADC region in the context of COVID-19 and government instigated regulations to curb its spread. Specifically, 1) it looks at the regulations passed in the SADC region and their effect on media freedom and free expressions; 2) regulation of disinformation during COVID19; 3) recommendations on how governments can curb disinformation without infringing free expression; and, 4) the different roles that stakeholders including civil society and journalists can play in curbing disinformation. International human rights standards Freedom of expression is a fundamental right that is protected under international human rights laws and standards; namely the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR art 19), African Charter on Human and Peoples’ Rights among others. The 2019 Declaration of Principles on Freedom of Expression and Access to Information in Africa provides principles on the right to freedom of expression in Africa.11 The Declaration also affirming that “the same rights that people have offline should be protected online and in accordance with international human rights law and standards”.12 As already highlighted, freedom of expression This research draws on international human rights law and standards. In this regard, it relies on the African Charter on Human and Peoples’ Rights that enshrines the right of freedom of expression. Further, it references the 2019 Declaration of Principles on Freedom of Expression and Access to Information in Africa as a guiding standard.8 The Declaration provides thattoprotectandpromotefreedomofexpression, 7 The position was taken by the Committee on Economic, Social and Cultural Rights. See CESCR General Comment No. 14: The Right to the Highest Attainable Standard of Health, article 12. 8 The revised Declaration of Principles on Freedom of Expression and Access to Information in Africa was adopted by the African Commission on Human and Peoples’ Rights during its 65th Ordinary Session in 2019. It elaborates article 9 of the African Charter on Human and Peoples’ Rights which guarantees individuals the right to receive information, as well as the right to express and disseminate information. The Declaration contributes to an enhanced normative standard for freedom of expression, access to information and digital rights in Africa, in line with international human rights and standards. The revision of the Declaration was undertaken pursuant to Article 45(1) of the African Charter on Human and Peoples’ Rights (the African Charter) which requires the African Commission to promote human and peoples’ rights, among others, by formulating and laying down principles and rules to solve legal problems relating to human and peoples’ rights and fundamental freedoms upon which African States may base their legislation. The Declaration encapsulates principles that define the rights to freedom of expression and access to information as guaranteed under article 9 of the African Charter. 9 Declaration of Principles on Freedom of Expression and Access to Information in Africa, principle 1(2). 10 This project was commissioned by UNESCO in 2017 n 2017. The joint statement was issued by the UN Special Rapporteur for Freedom of Opinion and Expression, the OSCE’s Representative on Freedom of the Media, the Organisation of American States’ Special Rapporteur on Freedom of Expression, and the African Commission on Human and People’s Rights Special Rapporteur on Freedom of Expression and Access to Information. The Declaration is focused on disinformation and propaganda, and attacks on news media. 11 Se generally, the revised Declaration of Principles on Freedom of Expression and Access to Information in Africa (2019). 12 Declaration, see preamble, principle 1, principle 5 and principles 37-42. https://zimbabwe.misa.org 8