of falsehoods.

Constitution.

However, this has seen a
number of journalists falling
foul of the legislation.

The
COVID-19
pandemic
further muddied the waters in
terms of freedom of expression
and of the media in Southern
Africa, with a number of
countries coming up with
legislation that criminalised the
publication of falsehoods.

Alpha Media Holdings editorin-chief Wisdom Mdzungairi
and senior reporter Desmond
Chingarande were on 3 August
2022 charged for allegedly
publishing falsehoods.
Hopewell Chizuzu, a freelance
journalist, faces similar charges.
The
Cyber
and
Data
Protection
criminalises
the
publication
of
falsehoods
despite a Constitutional Court
ruling in 2013 that ruled
the criminalisation of the
publication of falsehoods had
a chilling effect on freedom of
expression.
The Constitutional Court ruled
that Section 31(a)(iii) of the
Criminal Law (Codification and
Reform) Act contravened the

South Africa was the first
to promulgate fake news
regulations, with the rest of the
region following suit.
This is regardless of the fact
that the regulations were in
most instances in contravention
of national constitutions.
While
governments
have
enacted cybercrime legislation
that effectively impacts on
freedom of expression and in
some instances criminalises
journalism, there is generally a
dearth in legislation that focuses
on online gender-based violence
in Southern Africa.

Moreso, there are lack of laws
that focus on protecting female
journalists online.
Cyber security laws are often
vague and do not adequately
cover the issue of online genderbased violence.
However, during the course of
this study a seminal resolution
was passed by the African
Commission on Human and
People’s Rights (ACHPR) on
online gender-based violence.
While most legal and policy
frameworks are broad in terms
of wording and what protections
they offer, Resolution 522
is notable as it specifically
mentions female journalists.
Amidst
numerous
points,
the resolution calls on states
to: “Undertake measures to
safeguard women journalists
from digital violence, including
gender-sensitive media literacy
and digital security training;
Repeal vague and overly
wide laws on surveillance,
as they contribute to the
existing vulnerability of female
journalists.”
The United Nations Plan
of Action on the Safety of
Journalists and the Issue of
Impunity also provides for the
protection of journalists both
offline and online.
While these frameworks are
not legally binding, there is
scope for these instruments to be
adopted into national laws and
be the benchmarks by which
journalists, in particular female
journalists are protected.
All the Southern African
countries have ratified the
United Nations Convention on
the Elimination of all Forms of
Discrimination Against Women.

DESMOND
Chingarande
10

While the convention is broad,
its provisions can be used in an
effort to combat online genderbased violence.

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