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

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