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Jacqueline CHikakano, Media Lawyer

Jacqueline Chikakano took over from where Christopher left off by examining
the fundamental changes that have been made to the three subsequent versions
of the draft Bill. Jacqueline analysed the draft Bill through a human rights based
approach, which was embodied in the MISA-Zimbabwe Model Law on Computer
Crimes and Cyber Security.15

The MISA-Zimbabwe Model Law called for human rights focussed approach
in legislating against cybercrimes. It sought to strike a balance between state,
security and public interests pursuits and fundamental human rights that are
affected or related to such a law. Jacqueline noted that the current draft Bill
still contained broad and sometimes undefined concepts which were open to
dangerously wide interpretation. She praised the current version of the draft
Bill for containing a more robust oversight mechanism which serves the dual
purpose of ensuring enforcement of the Act with due regard to fundamental
human rights and freedoms as well as establishing a whistle blower system
to promote reporting of cybercrime. This oversight mechanism is in the form
of the 10-member committee responsible for the administration of the draft
Bill when it is gazetted into an Act. It is commendable that one of the 10 seats
on this committee is reserved for a member from a Civil Society Organisation
which operates in Zimbabwe.
The draft Bill also criminalised child pornography in line with section 19

15 MISA-Zimbabwe model law- https://zimbabwe.misa.org

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Misa Zimbabwe Second Internet Governance Multi
Stakeholder Conference 21 September 2017

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