Commission (MIC). Such services also have to reapply for registration every two years, although
registration can be withdrawn from them at any time. All journalists have to apply for individual
licences (‘accreditation’) on an annual basis and are forbidden from practising as journalists on
Zimbabwean soil without this licence. This includes freelance journalists and foreign
correspondents – even on short visits. No Zimbabwean ‘mass media services’ may employ
unaccredited journalists or operate without a certificate of registration under threat of closure and
forfeiture by the state of all the assets of such media. These requirements amount to nothing else
than a system of state licensing of the media. It is a repressive political instrument in terms of
which the state decides through the MIC which papers will be allowed to publish and exist and
who may practise as a journalist.
MISA-Zimbabwe, MISA’s national chapter in Zimbabwe, was ordered in 2003 to register with
the state appointed Media and Information Commission (MIC). MISA -Zimbabwe has responded
by applying to the courts to rule whether it falls under the definition of a ‘mass media service’ as
defined by the AIPPA. Any organisation in Zimbabwe that distributes information to anyone
beyond their own membership, through any means of publication – including by email and the
Internet - is defined as a ‘mass media service’. AIPPA therefore seeks to control not only the
media that is commonly regarded as mass media, but also the media and information activities of
any civil society organisations in the country. Newsletters and pamphlets from civic organisations
to the general public also cannot be legally distributed unless a civil society organisation has been
registered by the MIC as a ‘mass media service’. From these illustrations it is clear that the
AIPPA substantively extends its reach beyond the media, and prohibits the normal information
and communication tools of democratic debate and advocacy through civil society.

Did things change in 2003?
There appears to be a cautious note of optimism in Tanzania and in Swaziland that the future may
hold better things, but in other countries like Zambia and Malawi, the situation remains much the
same.
Tanzania underwent, and appears set to continue with a programme of extensive media legal
reforms. During 2003 broadcasting reforms were made and the government and media fraternity
are cooperating in terms of legal research to reform other media laws as well. Some of the
broadcasting reforms made so far, including the promulgation of the Tanzania Communications
Regulatory Authority Act, which provides for the establishment of the Tanzania Communications
Regulatory Consumer Consultative Council (TCRA), is a step in the right direction. Contrary to
the African Charter on Broadcasting, the government will still continue to licence broadcasters,
but has created a consultative body drawn from the media industry and civil society to advise it.
The government appoints the body from nominations made by the business and civil society
sector.
After five long years, and a year of great political turmoil in 2002 characterised by serious clashes
between the judiciary and the state on issues of the rule of law, a draft Constitution was finally
produced for Swaziland last year. Some new magazines and a privately owned televis ion channel
have also been created, and although these do not focus on political issues, at least they create
more diversity and, importantly, jobs. The draft Constitution guarantees freedom of expression
and freedom of the press for all its citizens, except those who “consent” to be “hindered” in the
enjoyment of this freedom (an extremely strange provision). It is not clear whether general
clauses of limitations are included in the draft constitution, which could be invoked to
unreasonably curb freedom of expression and other human rights.

MISA Annual Report (April 2003 – March 2004)

8

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