Victims will also benefit greatly from the provision on the transmission of intimate images without
consent as cases of revenge pornography have been on the rise, not only in Zimbabwe but also in
other jurisdictions.
Regrettably, the Data Protection Act, also has provisions that have the potential of reversing these
gains. One such provisions is that which criminalises what is termed as transmission of data
message that incites violence or damage to property.
Another problematic provision is the one relating to the transmission of false data messages.
False news offences promote self-censorship and unjustifiably infringe on freedom of expression,
media freedom and ultimately, citizens’ right to access to information for informed choices and
decisions. This position is also supported by an existing constitutional court order which struck off
criminal defamation.
In other jurisdictions, proposals that lead to interceptions of communication in anyways, are
accompanied by the enactment of the Whistleblower Act which is meant to promote transparency
and accountability in society.
Commendably, in September 2021, following the enactment of the Freedom of Information Act,
the then outstanding requisite information regulations were finally enacted under Statutory
Instrument 229 of 2021 as Freedom of Information (General) Regulations 2021.
These regulations obligate entities to publish information on their institutions within six (6) months
from the date when the regulations were enacted, and for those that were or will be established
post the enactment of the regulations, within six (6) months from the date of establishment of the
Information to be published includes their functions, departments and agencies, operating hours
and business addresses, among others. A description on the nature or subject of the information
that the entity holds should also be included.
Entities also have a duty to appoint information officers who will handle information requests and
such information officers shall have several functions which include keeping a register of and
tracking all applications.


Select target paragraph3