While the President did not expressly refer to amending AIPPA, the Bill in question will effect
amendments to those sections of the law that currently deal with the establishment and functions of the
Zimbabwe Media Commission.
These proposed amendments to AIPPA should, however, go beyond the provisions dealing with the
Zimbabwe Media Commission alone. MISA Zimbabwe insists on the complete overhaul of AIPPA.
The proposed Cybersecurity and Cybercrimes Bill, the Data Protection Bill and the Electronic
Transactions and Electronic Commerce Bill, came at a time when Zimbabwe does not have adequate
data protection legislation that will ensure the safekeeping of stored information and in line with citizens’
right to privacy as provided for under Section 57 of the Constitution.
The legal protection of this data becomes even more urgent after revelations early in 2018 that the
Zimbabwean government had undertaken to transfer large amounts of data to Cloudwalk Enterprises.
This Chinese-based entity is creating an Artificial Intelligence-based facial recognition software that will
be used by the Zimbabwean government to maintain public law and order.
The right to privacy as enshrined in the Zimbabwean Constitution means that government cannot
unilaterally transfer citizens’ personal information to other countries without the knowledge and consent
of the citizens concerned. Government should therefore respect this constitutional right.
Furthermore, laws must be put in place to ensure that unauthorised use, and transfer of data is
sanctioned.
Outside the law alignment process, which is focused on the two laws namely AIPPA and BSA, there is
need for government to take a cluster approach on all laws that infringe the rights that are provided for
in the 2013 Charter. This will go a long way in deepening and entrenching constitutionalism and rule of
law. This is because the enjoyment of all the rights in the Bill of Rights are dependent on the enjoyment
of media freedom and freedom of expression, which have over the years proven to be the conduit
through which other rights are enjoyed.
Crimes against journalists spiked during the pre-election campaign and post-election period. It is
regrettable that State organs and political parties were the perpetrators of the majority of the violations
recorded by MISA Zimbabwe.
Some of these crimes were of a grave nature and involved the injury of journalists as witnessed when
some journalists were assaulted while covering demonstrations that broke out in Harare on 1 August
2018.
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