Communications Act, continue to pose a threat
to access to information online.

The Zimbabwean constitution provides for
statutory regulation of the media. However,
advocacy organisations and journalists have
been calling for self-regulation, which has been
challenging as there is no political will for a selfregulatory mechanism.

The Interception of Communications Act, which
is yet to be aligned to the 2013 constitution,
allows surveillance of any individual and this
poses a threat to journalists and whistleblowers.

Thus, in an effort to find middle ground,
stakeholders in the sector have all, but agreed
to co-regulation, where the media is selfregulatory and the statutory body, ZMC, acts as
the appellate body in cases of disputes.

Surveillance under the Interception of
Communications Act is carried out with the
authority of a minister rather than a judge,
raising the possibility that this provision could
be abused for political reasons. (7)

At the end of 2022, the government
approved the principles of the Zimbabwe Media
Practitioners Bill, raising hope that the coregulation mechanism would soon come into
fruition. (6)

A provision in the Cyber and Data Protection
Act, which criminalises the publication of false
data messages intending to cause harm, has
been used against several journalists such as
Wisdom Mdzungairi, Desmond Chingarande,
Thembelihle Mhlanga and Hope Chizuzu.

However, with elections taking centre stage
in 2023, the legislative agenda soon fell down
the pecking order and the bill never made it to
parliament.

While they have all been summoned for
questioning by the police for breaching the
provisions of this law and charged, they have
not yet been prosecuted.

There are efforts to revive the Bill and it remains
to be seen whether the new government that
came into power in 2023 after the elections has
any appetite for such reforms.

In January 2024, a civilian was arrested
for once again publishing falsehoods online.
Politicians Fadzayi Mahere and Job Sikhala were
convicted for transmitting false messages.

Digital rights and
the expansion of
communications sector

The Cyber and Data Protection Act on one
hand and Section 31(a)(iii) of the Criminal Law
Code on the other, engender self-censorship
and restrict freedom of expression online.
In February 2024, Mahere was acquitted, with
the High Court ruling that she had been charged
under a non-existent law.

The internet has increasingly become central
to communication in Zimbabwe. The COVID-19
pandemic saw most mainstream newspapers
migrating to online platforms, while there has
been a steady growth in online media start-ups.

It is important to note that the Constitutional
Court has in the past ruled that criminalising the
publication of falsehoods. (8)

However, the Cyber and Data Protection
Act, together with the Interception of

In 2013, then Deputy Chief Justice Luke

Journalist Desmond Chingarande has also fallen victim to a provision in the Cyber and Data Protection Act, which criminalises the
publication of false data messages intending to cause harm
STATE OF PRESS FREEDOM IN SOUTHERN AFRICA 2023

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