CHAPTER 13 FREEDOM OF THE MEDIA The 2013 Constitution provides for freedom of expression, freedom of the media and access to information. But these rights are undercut by hostile provisions of the Access to Information and Protection of Privacy Act, the Criminal Code, the Entertainment and Censorship Control Act, the Interception of Communications Act, the Broadcasting Services Act and the Official Secrets Act among other laws that carry provisions that offend the Constitution. The application of these laws limit media freedoms in the “interest 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.” Journalists continue to practice self-censorship, hindering the ability of people to access diverse information that enables them to meaningfully participate and make informed choices and decisions on issues of governance, political, social and economic issues that have a bearing on their welfare. While the Constitutional Court ruled that the Constitution outlaws criminal defamation, civil defamation laws remained in force. In addition to bad laws, attacks on journalists and other media practitioners through arbitrary detention, malicious arrests, prosecution or brutal physical assaults and arbitrary confiscation of equipment, negatively impacts on their ability to gather and objectively impart information without fear or favour. 48. Madanhire & Anor v Attorney General CCZ 02-2015. Criminal defamation was held to be inconsistent with the Constitution. 54 STATE OF HUMAN RIGHTS REPORT ZIMBABWE 2018

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