Zimbabwe
to the extent that the
reasonable, necessary
a democratic society
ness, justice, human
and freedom.

restriction is fair,
and justifiable in
based on opendignity, equality

nessed by the number of arrests of ordinary Zimbabwean citizens and media
professionals relating to their use of the
internet and social media platforms in
Zimbabwe.

The media plays a fundamental role in
accessing information, which is vital to
the day-to-day functioning of a democracy and the socio-economic wellbeing
of citizens. Citizens should thus be empowered through enabling legislation
to request and receive information from
public and private bodies.

The arrests have raised pertinent questions on internet freedom, security and
citizen journalism, social media and the
law. With the precedent cases of Vikazi
Mavhudzi in 2011 over a post made on
former Prime Minister, Morgan Tsvangirai’s Facebook page, several arrests were
made.

FREE EXPRESSION ONLINE
Free expression online curtailed
by arrests and restrictive
legislation
On 13 June 2014, the government repealed Statutory Instrument 142/2013
of the Postal and Telecommunications
(Subscriber Registration) regulations following an adverse report by the Parliamentary Legal Committee (PLC).
The PLC passed the adverse report in
March 2014 after observing the regulations were unconstitutional as they
allowed state security agents to access
subscribers’ personal data without a
court search warrant.
The new regulations S.I.95 of 2014 bar
the release of subscriber information to
law enforcement agents without a court
warrant.
The repealed regulations previously allowed POTRAZ to give information in its
central database to a law enforcement
agent only if it was requested in writing by an officer of or above the rank of
Assistant Commissioner of Police or an
equivalent rank in another force.
In practice this has not been so as wit-

86

So This is Democracy? 2014

For example, Harare tailor, Madzibaba
Chacha, was arrested after a picture of
him in a Zimbabwe Republic Police
uniform went viral on Whatsapp; and
names of individuals ‘connected’ to
online character Baba Jukwa were released, including Sunday Mail Editor
Edmund Kudzayi and University of Zimbabwe student Romeo Musemburi.
MISA-Zimbabwe recognises the internet and social media as a democratic
and ideal space for individuals to freely
express themselves owing to the continued control of the mainstream media; a
position acknowledged by the United
Nations in a declaration of Internet freedom as a basic right in 2012.
The authorities should therefore speedily repeal AIPPA and all pieces of legislation that criminalise freedom of expression; curtail access to information and
choke the media from freely fulfilling its
fundamental watchdog role.

PRINT MEDIA SECTOR
Dwindling economy takes its
toll on journalist morale and
professionalism
While Zimbabwe boasts a plethora of
print media houses, the long-term viability of newspaper companies is threat-

Select target paragraph3