already demonstrated above, these elements are read into the provision
whenever it is being interpreted.
3.5
Limitation of freedom of expression
Before venturing into the normative content of limitations as well as the system
in practice in Zimbabwe, it is imperative to demonstrate the length and breadth
of groups of people affected by restrictions of artistic expression. On the profile
of potential victims of limitations of artistic expression, the Shaheed Report
concluded thus:
Obstacles to artistic freedoms impact on the enjoyment of rights by a wide
range of people: the artists themselves, whether professionals or amateurs, as
well as all those participating in the creation, production, distribution and
dissemination of artwork. They include authors, musicians and composers,
dancers and other performers, including street performers, comedians and
playwrights, visual artists, authors, editors, film producers, publishers,
distributors, directors and staff working in libraries, galleries, museums,
cinemas or theatres, curators and organisers of cultural events. Audiences may
also be affected. It is important to recognize the artistic freedoms of all persons
when they participate in cultural life or wish to engage in creative activities.80
In other words those people, who are not artists themselves but are in a way
involved in the ‘creation’ and ‘dissemination’ of artwork, are victims of the
violation of artwork. With this understanding, it is now contextual to deal with
the law on limitations of freedom of artistic expression. The right to freedom of
expression and artistic freedom as enunciated in the above covenants is not an
absolute right. Article 4 of ICESCR authorizes “limitations as are determined by
law only in so far as this may be compatible with the nature of these rights and
solely for the purpose of promoting the general welfare in a democratic society”.
Under article 19 of ICCPR, the right to freedom of expression, including in the
form of art, may be subject to certain restrictions that are provided by law and
are necessary (a) for the respect of the rights or reputations of others; or (b) for
the protection of national security or of public order, or of public health or
80
Shaheed Report, para. 44.
64 | P a g e
Select target paragraph3
Add to table of contents