An analysis of Social Media use
in The SADC region - 2014 - 2020

person. They are essential for any society.54 According to a joint statement55 Freedom of expression applies to the internet, as it does to all means
of communication. Restrictions56 on freedom of
expression on the Internet are only acceptable
if they comply with established international
standards, including that they are provided for
by law, proportionate and necessary to protect
an interest which is recognized under international law (the ‘three-part’ test57). They constitute
the foundation stone for every free and democratic society58. The two freedoms are closely
related, with freedom of expression providing
the vehicle for the exchange and development
of opinions.
Freedom of expression is a necessary condition
for the realization of the principles of transparency and accountability that are, in turn,
essential for the promotion and protection of
human rights59. Among the other articles that
contain guarantees for freedom of opinion and/
or expression, are articles 18, 17, 25 and 27. The
freedoms of opinion and expression form a basis
for the full enjoyment of a wide range of other
human rights.

Sadc regional laws on social media60
There are no specific laws that address social
media directly, but social media is not in a legal
vacuum and is regulated or affected by a addressed in broad spectra of internet, criminal,
media laws among other set of laws within the
region. A specific set is the SADC model law, more
accurately referred to as the HIPSSA (Harmonization of ICT Policies in Sub-Saharan Africa). The
model law61 that the regional countries relied/
rely on was released in 2011 and adopted by the
SADC Council of Ministers responsible for ICT
in 2012. The law addresses issues around cybersecurity, cybercrime and data protection which
are key aspects related to social media use. In
Lesotho, Swaziland and Tanzania the model has
been used verbatim, while Mauritius and South
Africa have appropriately changed the model
framework to suit their domestic legislative
set-up and needs.
The same set of laws have also been proposed in
Zimbabwe as separate laws, then as the Cybersecurity and Cybercrimes Bill62 which incorporated the draft Data Protection Bill and the Electronic Transactions and Electronic Commerce

54 See communication No. 1173/2003, Benhadj v. Algeria, Views adopted on 20 July 2007; No. 628/1995, Park v. Republic of Korea, Views
adopted on 5 July 1996.
55 The United Nations (UN) Special Rapporteur on Freedom of Opinion and Expression, the Organization for Security and Co-operation
in Europe (OSCE) Representative on Freedom of the Media, the Organization of American States (OAS) Special Rapporteur on Freedom of
Expression and the African Commission on Human and Peoples’ Rights (ACHPR) Special Rapporteur on Freedom of Expression and Access
to Information.
56 https://www.osce.org/fom/78309?download=true
57 https://everyoneshallhavetheright.wordpress.com/3-part-test/
58 See the Committee’s general comment No. 24 (1994) on issues relating to reservations made upon ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to the declarations under article 41 of the Covenant, Official Records of the General
Assembly, Fiftieth Session, Supplement No. 40, vol. I (A/50/40 (Vol. I), annex V.
59 https://news.un.org/en/story/2011/07/382902
60 Thursday, 5 July, 2018 1 ministerial statement on the electronic and social media platforms by the Hon. Minister of transport and communication, Mr. Mushimba. http://www.parliament.gov.zm/sites/default/files/images/publication_docs/MINISTERIAL%20STATEMENT%20
BY%20THE%20HON.%20MINISTER%20OF%20TRANS.%20AND%20COM.%20MR%20MUSHIMBA,%20ON%20SOCIAL%20MEDIA_0.pdf
61 https://www.newsday.co.zw/2016/08/zims-cyber-laws-going-nowhere-quickly/
62 Appearing before the Parliamentary Committee on Media, Information Communication Technology and Cyber Security on 8 February
2018, the minister justified the consolidation saying all three Bills work to prevent various forms of cybercrime. The decision might also
have been inspired by the introduction of an omnibus Cybercrimes Bill in South Africa. https://ifex.org/proposed-omnibus-cyber-bill-threatens-to-muddy-fundamental-rights-in-zimbabwe/

14

https://zimbabwe.misa.org

Select target paragraph3