SECTOR 1

Freedom of expression, including
freedom of the media, are effectively
protected and promoted.
1.1
Freedom of expression, including freedom
of the media, is guaranteed in the constitution and
supported by other pieces of legislation.
Analysis:

Section 20 (1) of the Constitution of Zimbabwe says:
Except with his own consent or by way of parental discipline, no person shall
be prevented from exercising his or her freedom of expression, which includes
the freedom to hold opinions and to receive and/or communicate ideas and
information without interference.
Subsection 2 of the same section, however, provides that freedom of expression
can be limited if this is necessary a)
b)

in the interests of defence, public safety, public order, the economic interests
of the state, public morality or public health;
for the purpose of –
(i) protecting the reputations, rights and freedoms of other persons or the
private lives of persons, concerned in legal proceedings;
(ii) preventing the disclosure of information received in confidence;
(iii) maintaining the authority and independence of the courts or tribunals
or Parliament […]

While freedom of expression is expressly guaranteed, freedom of the media and
other related freedoms are not included.
There are a number of other laws on the statute books that curtail freedom of
expression. They include the Public Order and Security Act Chapter 11:7
(POSA), the Access to Information and Protection of Privacy Act Chapter 10:27
(AIPPA), the Broadcasting Services Act Chapter 12:06 (BSA) and the Criminal
Law (Codification and Reform) Act.
Hopes that the “inclusive government” formed by the then ruling party Zimbabwe
African National Union – Patriotic Front (ZANU PF) and two formations of the
then opposition Movement for Democratic Change (MDC) in February 2009
would repeal or amend these acts did not materialise by April 2010.

12

AFRICAN MEDIA BAROMETER ZIMBABWE 2010

Select target paragraph3