SECTOR 1

1.3
There are no laws restricting freedom of
expression such as excessive official secret or libel
acts, or laws that unreasonably interfere with the
responsibilities of media.
Analysis:

Zimbabwe has laws in place that take away the little freedom of expression that
the constitution allows. The establishment of the Inclusive Government has
brought about only very slight changes. Amendments to pieces of legislation such
as the Public Order and Security Act (POSA) or the Access to Information and
Protection of Privacy Act (AIPPA) are piecemeal and have either not brought any
material changes to the operating environment or in fact extended the lifespan of
such repressive laws.
Certain sections of POSA have been amended. Appeals against the banning of a
march, for example, are no longer decided by the executive but by a magistrate’s
court. On the other hand, there is now a general ban on demonstrations outside
Parliament, the courts and other public institutions.
An addition to the Act requires submission of more detailed information before a
meeting or march can be held. Names of the convenor and deputy convenor now
have to be provided to the police. This allows the authorities to arrest and charge
individuals whereas before organisations as a whole were charged.
The Criminal Law (Codification and Reform) Act 2004 is the most threatening
piece of legislation regarding freedom of expression. It is regarded as the “mother
of all repressive acts” because it introduced even harsher penalties than those
provided for under POSA and AIPPA. Like POSA it forbids the publication or
communication of “false statements prejudicial to the state” (section 31). Although
the provision directly targets journalists and the mass media, its ambit is wide
enough to include citizens generally. A convicted offender can be jailed for a
term of up to 20 years. According to section 33 of the Act, a person is guilty of
undermining the authority of or insulting the President if they publicly make a
statement by words, by an act or by a gesture that will “(i) engender feelings of
hostility towards; or (ii) cause hatred, contempt or ridicule of the President or an
acting President, whether in person or in respect of his office …”.

AFRICAN MEDIA BAROMETER ZIMBABWE 2010

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