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.
The current Constitution of Zimbabwe provides for a general guarantee of
freedom of expression in section 20 (1):
… 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) provides that freedom of expression can be limited if it is necessary
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in the interests of defence, public safety, public order, the economic
interests of the state, public morality or public health;
to protect the reputations, rights and freedoms of other persons;
to maintain the authority and independence of the courts or
parliament.

Some of these exclusions are rather vague, using undefined phrases such as
‘public order’, ‘economic interests’ and ‘public morality’.
Freedom of the media, artistic creativity or academic freedom are not mentioned
in the original text of 1980. Constitutional Amendment 19 passed in February
2009, however, mentions “freedom of the press” in the context of the Zimbabwe
Media Commission (ZMC), constituted by the controversial Access to Information
and Protection of Privacy Act (AIPPA). The amendment tasks the ZMC summarily
“to uphold and develop freedom of the press”. More specifically it gives the
commission the responsibility “to promote and enforce good practice and ethics”
in the media and to “take disciplinary action against journalists”. These provisions,
which accord a statutory body the power to control the media, run counter to the
principles of freedom of expression (see next indicator).
In addition to these limitations there is an array of laws which contain clauses that
curtail the right to freedom of expression. These include the above-mentioned
AIPPA, the Public Order and Security Act (POSA), the Broadcasting Services Act
(BSA), the Interception of Communications Act and the Criminal Law (Codification
and Reform) Act.

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AFRICAN MEDIA BAROMETER ZIMBABWE 2012

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