Freedom of Expression and Information “The media of each country must be guided by the country’s ethos. If you don’t abide by the country’s ethos, you should not expect to be treated with justice.” – Minister of Justice, Legal and Parliamentary Affairs, Patrick Chinamasa, addressing parliament on access to the media for the MDC on Zimbabwe Broadcasting Corporation (ZBC) television, November 2004. Freedom of expression and access to the media under section 7.4 of the SADC guidelines, are necessary for the conduct of free and fair elections.110 Restrictions on these rights affect the media coverage afforded to various parties and candidates and the flow of information that will influence Zimbabweans’ decisions about whom to elect. Despite some improvements, there continue to be serious limits to freedom of expression and information in Zimbabwe, particularly in the form of unequal access to the media, threats of closure of independent media organizations, and the intimidation and arbitrary arrest of journalists.111 The Zimbabwe government’s actions seem primarily designed to inhibit criticism of government officials and institutions, and to muzzle independent reporting and commentary on the political situation in the country. Legislation such as the Access to Information and Protection of Privacy Act (AIPPA) that requires registration and accreditation of journalists continues to be selectively used to restrict independent media activity. As one journalist observed, “AIPPA criminalizes writing without accreditation. The law has been consistently applied to one section of the media.”112 Government restrictions on expression in Zimbabwe violate Article 19 (2) of the International Covenant on Civil and Political Rights, which Zimbabwe has ratified and section 20 of Zimbabwe’s constitution.113 110 SADC Principles and Guidelines Governing Democratic Elections 111 Human Rights Watch interviews with media organization representatives, editors and journalists, December 2004 and February 2005. 112 Human Rights Watch interview, Harare, December 15, 2004. 113 Constitution of Zimbabwe Section 20 (1); Section 20(1) states: “Except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence.” 25