SECTOR 1

1.9 The state does not seek to block or filter Internet
content unless in accordance with laws that provide
for restrictions that serve a legitimate interest and are
necessary in a democratic society, and which are applied by independent courts.
The Interception of Communications Act empowers government entities, with
permission granted by the Minister of Information Communication Technology,
Postal and Courier Services, to “lawfully” intercept communications , including
internet communications, for up to three months without the knowledge of the
owner(s) of those communications.
According to the Act, every Internet Service Provider (ISP) – under the advice of an
established ‘monitoring centre’ – has to install equipment “to enable interception
of communications at all times or when so required.” Telecommunications and
postal service providers also have to keep up to date records of the contract users
of their services and also central database with all registrations. Service providers
who do not comply with these and other stipulations in the Act that call for
their assistance may be found guilty of an offence and subject to fines and/or
imprisonment.
The example of Elizabeth Macheka Morgan Tsvangirai’s former wife, was cited,
wherein in 2013, her phone and email communications were intercepted, and
communication between her and a married man, Kennedy Ngirazi, extracted,
regarding a meeting in Cape Town.
On social media, panellists noted that aside from the Baba Jukwa case, they didn’t
know of any other sites that had “attracted government attention with such
intensity.”
The Cyber Security Bill is currently in draft form, and has not yet been passed
into law. It, however, outlines offences such as pornography, the handling of
racist or xenophobic material, the illegal access or use of a computer and illegal
interception, illegal data interference, data espionage, and so forth. Panellists
noted that parts of this Bill could be unconstitutional, as they contradict Section
57 of the Constitution, as there is no proviso in this regard. Section 57 in the
constitution protects the right to privacy. Section 57(d) in particular protects the
privacy of citizens’ communications. “The thrust is freedom of privacy, but there
is no proviso in terms of security, etc.” Additionally, both the Interception Act and
the possible Cyber Secrecy Bill still need to be aligned to the new Constitution.

AFRICAN MEDIA BAROMETER ZIMBABWE 2015

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