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.
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STATE OF HUMAN RIGHTS REPORT ZIMBABWE 2018
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