Freedom of Information (a) be free to determine independently the editorial content of their broadcasts or other communications; (b) be impartial; and (c) afford fair opportunity for the presentation of divergent views and dissenting opinions. (5) Freedom of expression and freedom of the media exclude— (a) incitement to violence; (b) advocacy of hatred or hate speech; (c) malicious injury to a person’s reputation or dignity; or (d) malicious or unwarranted breach of a person’s right to privacy. 5 10 AND WHEREAS section 62 of the Constitution provides as follows— “62 Access to information (1) Every Zimbabwean citizen or permanent resident, including juristic persons and the Zimbabwean media, has the right of access to any information held by the State or by any institution or agency of government at every level, in so far as the information is required in the interests of public accountability. 15 (2) Every person, including the Zimbabwean media, has the right of access to any information held by any person, including the State, in so far as the information is required for the exercise or protection of a right. (3) Every person has a right to the correction of information, or the deletion of untrue, erroneous or misleading information, which is held by the State or any institution or agency of the government at any level, and which relates to that person. (4) Legislation must be enacted to give effect to this right, but may restrict access to information in the interests of defence, public security or professional confidentiality, to the extent that the restriction is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom.”; 20 25 AND WHEREAS it is desirable, in accordance with the Constitution, to make further provision in regard to access to information; NOW, THEREFORE, be it enacted by the Parliament and the President of Zimbabwe as follows— 30 PART I Preliminary 1 Short title This Act may be cited as the Freedom of Information Act, 2019 [Chapter 10:33]. 2 Interpretation 35 In this Act— “applicant” means a person requesting access to information in terms of this Act; “Commission” means the Zimbabwe Media Commission established by section 248 of the Constitution; “entity” means a private entity, public entity, public commercial entity or statutory office; “information” includes but is not limited to any original or copy of documentary material irrespective of its physical characteristics, such as records, 4 40