African Media Barometer Zimbabwe Sector 1: Freedom of expression, including freedom of the media, are effectively protected and promoted. 1.1 Freedom of expression, including freedom of the media, is guaranteed in the constitution and protected by other pieces of legislation. ANALYSIS: Section 20 (1) of the Constitution of Zimbabwe says: “No person shall be prevented from exercising his or her freedom of expression, which includes the freedom to hold opinions and to receive and/or communicate ideas and information without interference.” Clause 2 of the same section, however, provides that freedom of expression can be limited if it is necessary - in the interest of defence, public safety and economic interest of the state, public morality/ public health; - to protect the independence of courts and parliament; - to protect the freedoms and reputation of others. These statutory limitations are not permissible “as far as that provision … is shown not to be reasonably justifiable in a democratic society”. This means that the individual seeking to assert the right to freedom of expression must prove that a particular restriction is not justifiable. Freedom of the press and/or the media is not expressly guaranteed. Pieces of legislation restricting the right to freedom of expression include but are not limited to the Public Order and Security Act Chapter 11:7 (POSA), the Access to Information and Protection of Privacy Act Chapter 10:27 (AIPPA), the Broadcasting Services Act Chapter 12:06 (BSA) and Criminal Law Amendment Act. These Acts make it difficult to assert the constitutional right to freedom of expression as they override it. Although POSA, AIPPA and BSA were amended on 21 December 2007 the overall frameworks of the Acts remain the same. Media lobby groups and activists noted with concern that the three pieces of legislation were passed in one day in one sitting of Parliament. Cynics regard these changes as cosmetic and a smokescreen put up by Government to give the impression of conceding to requests made by the opposition during mediation talks between the ruling ZANU (PF) and opposition Movement for Democratic Change brokered by South Africa’s President Thabo Mbeki. Under the amended AIPPA, the Media and Information Commission has been replaced by the Zimbabwe Media Commission which will comprise a chairperson and eight other members. The ZMC will be appointed by the President from a list of 12 nominees to be submitted by Parliament’s Committee on Standing Rules and Orders. The functions of the ZMC will be similar to those of the MIC. So This Is Democracy? 2008 -256- Media Institute of Southern Africa