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