African Union member states such as Zimbabwe, have obligations under the African
Commission on Human and Peoples Rights; (ACHPR) Resolution 362 of 2016 to implement
“legislative and other measures to guarantee, respect and protect citizens’ right to freedom of
information and expression through access to Internet services” in line with the
Commission’s resolution on the Right to Freedom of Information and Expression on the
Internet in Africa.
In terms of Principle 37, of ACHPR’s Declaration on Principles of Freedom of Expression
and Access to Information, States are encouraged to facilitate access to the Internet by:
•

Facilitating freedom of expression and access to information online and the means
necessary to exercise these rights.

•

Recognising that universal, equitable, affordable and meaningful access to the internet
is necessary for the realisation of freedom of expression, access to information and the
exercise of other human rights.

•

Cooperating with all relevant stakeholders adopt laws, policies and other measures to
provide universal, equitable, affordable and meaningful access to the internet without
discrimination.

❖ Media Professionalism

The ruling in 2019 by High Court judge Justice Joseph Mafusire, that ZBC and Zimpapers
acted unconstitutionally during Zimbabwe’s 2018 elections as they failed to provide a fair
opportunity for presentation of divergent views and dissenting voices, vindicates calls for the
long-overdue transformation of the state-controlled media houses.
This followed several reports by election observer missions to the 2018 elections, notably the
African Union Election Observer Mission, SADC observer missions, European Union
Observer Mission and National Democratic Institute, on the unprofessional conduct of the
state media.
Justice Mafusire said the two media houses had breached Section 61 of the Constitution
(which provides for freedom of expression and media freedom). He ordered ZBC and
Zimpapers to ensure their communications do not show bias in favour of one political party
or its candidates and that they exercise impartiality and independence in their duties.
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