State of the media in Southern Africa - 2004 For instance, Section 15 of POSA, which deals with the publication, or communication of a statement prejudicial to the State, imposes a five-year prison term or a fine of Z$200 000 or both for those who fall foul of the law. Now under the Criminal Law (Codification and Reform) Bill, for committing a similar offence, the penalty suddenly shoots to a 20-year jail term or a fine of Z$2,5 million or both the fine and a prison term. Using its majority in Parliament, the ruling Zanu PF passed the Access to Information and Protection of Privacy (Amendment) Bill, which among other clauses, amends Section 83. This prohibits or suspends journalists from practicing without accreditation from the MIC. The amended Act provides for a penalty in the form of a fine not exceeding $600 000 or two years imprisonment — or both. Clause 33 of the Criminal Law (Codification and Reform) Bill which deals with the publication of a false statement — one which undermines the authority of or insults the President or Acting President — imposes a one-year prison term or a fine of $200 000 - or both. Not just the media Not content with muzzling the media, Parliament passed The Non-Governmental Organisations Bill, which threatens the very existence of virtually all non-governmental organisations working in Zimbabwe. The Bill seeks to outlaw foreign funding to civic society organisations involved in human rights and governance issues. President Mugabe is still to sign the Bill into law. This intransigence in the wake of repeated calls for democratic reforms flies in the face of the SADC Guidelines and Principles on the conduct of free and fair elections which Zimbabwe endorsed at the regional meeting held in Mauritius in August. Defamation and libel Libel suits against newspapers have become commonplace to the extent that they no longer make news. This is not surprising considering that the media, and particularly the State media under the stewardship of Minister Moyo has discarded the cardinal rules of truth, accuracy, balance and fairness and allowed themselves to be used as the conveyor belts of hate speech, vengeance and retribution. It is against that background that the now banned Daily News successfully sued Minister Moyo. The High Court ordered that he pay $2,5 million in damages (US$400) for a series of defamatory stories that appeared in The Herald. The private media also was also hit with its fair - or perhaps unfair — share of defamation cases. The Speaker of Parliament, Mr Emmerson Mnangagwa successfully sued the banned Daily News for a story in which the paper alleged he influenced the release of his son from prison. The problem with following defamation cases in Zimbabwe is that it takes years before they are heard in the Courts. Access to information Laws such as AIPPA and POSA make it difficult to access information held by public bodies. This effectively kills investigative journalism. Journalists were therefore reduced to reporting on what government officials and politicians So This Is Democracy? 2004 137 Media Institute of Southern Africa