This innovation should be the criteria for marketing. No obstacle will prevent the artist from creating.’ Art and law have always related. Artists the world over do not enjoy unfettered freedom to produce works of art as some of them may be deemed culturally, socially, religiously or politically controversial, although not necessarily illegal. Works of art which incite violence or hatred against racial, religious or ethnic groups are invariably banned. The boundary of these laws is subjective and varies considerably from one country to another.7 Freedom of expression and information are intrinsically linked to freedom of opinion, as expression of opinion and of information are key components of the public’s ability to formulate opinions, and to enable them to assert their political will through a free electoral process.8. The Declaration of Principles on Freedom of Expression in Africa9, together with other international instruments, asserts that freedom of expression and information, including the right to seek, receive and impart information and ideas, either orally, in writing or in print, in the form of art, or through any other form of communication, including across frontiers, is a fundamental and inalienable human right and an indispensable component of democracy. Everyone should have an equal opportunity to exercise the right to freedom of expression and to access information without discrimination. In Zimbabwe, as will be fully discussed later in this report, freedom of artistic expression and creativity has always been under threat. A recent example of this ‘threat’ is the banning by police in 2014 of a satirical film entitled Kumasowe citing that it highlighted an issue regarded as highly sensitive to the institution of the Police Service.10 The film featured the highly publicized ibid Declaration of Principles on Freedom of Expression in Africa by The African Commission on Human and Peoples’ Rights. The Commission adopted the Declaration of Principles on Freedom of Expression in Africa at its 32nd Ordinary Session, in Banjul, The Gambia, held from 17th to 23rd October 2002. 9 Declaration of Principles on Freedom of Expression in Africa by The African Commission on Human and Peoples’ Rights. Available on http://www.afrimap.org/english/images/treaty/africa-declaration-of-principles-on-foe.pdf 10 Available at :http://www.thezimbabwean.co/news/zimbabwe-news/72905/police-banscreening-of-sensitive.html 7 8 15 | P a g e

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