Intimidation and harassment of independent journalists and media organizations The independent media in Zimbabwe is under severe strain. According to the Media and Monitoring Project of Zimbabwe (MMPZ), up to 400 journalists were reported to have been arrested under POSA in 2004 and more than one hundred journalists have reportedly been arrested under AIPPA in the past two years.114 Five journalists working for independent media organizations told Human Rights Watch they had been arrested on more than one occasion under POSA and AIPPA.115 AIPPA has also been used to restrict the flow and content of national and international media coverage.116 The law requires all journalists and media houses to register with the government. While this in itself is not a problem, local and international media and information organizations such as the Media Institute for Southern Africa (MISA) and Article 19 have extensively reported on how the government run Media and Information Commission (MIC) has used AIPPA to threaten newspapers with closure if they are deemed to be critical of the government.117 An amendment to AIPPA, which was put into force on January 7, 2005, tightens these restrictions and makes it an offence punishable, by up to two years imprisonment, if journalists do not register with the MIC.118 Sections 15 and 16 of POSA specifically place restrictions on the media’s ability to report freely.119 Another proposed law that has the potential to further restrict freedom of expression is the Criminal Codification (Law and Reform) Bill, which makes it an offence, punishable by up to twenty years imprisonment, for anyone who publishes or communicates information deemed to be wholly false or prejudicial to the state.120 114 Human Rights Watch interviews, Harare, December 2004. For the effects of AIPPA see also Article 19/ MISA report, “The Access to Information and Protection of Privacy Act: Two years on,” September 2004. 115 Human Rights Watch interviews with journalists in Bulawayo and Harare, December 2004 and February 2005. 116 Human Rights Watch report, “Under a shadow: civil and political rights in Zimbabwe,” June, 2003, Amnesty International report, “Rights under siege,” May 2003. 117 Article 19/ MISA report, “The Access to Information and Protection of Privacy Act: Two years on,” September 2004. 118 See AIPPA Amendment Act, 2004. In an amendment to section 83 of CAP10:27 of AIPPA , any journalist who is found guilty of operating without accreditation shall be liable to a fine or imprisonment for a period not exceeding two years or to both such fine and such imprisonment. 119 Section 15 of POSA makes it an offence to publish or communicate false statements which may be prejudicial to the state. Section 16 of POSA makes it a crime, punishable by imprisonment of up to a year to make statements construed as endangering feelings of hostility towards the president. 120 Human Rights Watch interviews with representatives from MISA and MMPZ, December 2004 and February 2005. 26

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