(b) Advocacy of hatred or hate speech; (c) Malicious injury to a person’s reputation or dignity; or (d) Malicious or unwarranted breach of a person’s right to privacy. From the above-quoted provision, the key components of freedom of expression include freedom to seek, receive and impart, share or communicate ideas and other information; freedom of artistic expression,21 scientific research and creativity. Section 61(1) (b) specifically enshrines and therefore protects freedom of artistic expression in Zimbabwe. This right does not need to be inferred from any other provision. It is expressly provided for to reflect its recognition and importance in the Zimbabwean society. Any restrictions placed on freedom of expression would, subject to modifications, apply with similar force and effect to freedom of artistic expression. Similarly, restrictions on freedom of artistic expression have a chilling effect on the broader freedom of expression issues. The protection of freedom of expression, and by extension artistic expression, can also further be strengthened if and when individuals have access to information.22 This follows the express provisions of Section 61(1) (a), which entitle every person the freedom to ‘seek’ information. Section 62 of the Constitution enshrines the right to access information held by the State or any institution or agency of government provided the information is required for purposes of public accountability, exercise or protection of a right, correction of information or the deletion of untrue, erroneous or misleading information held by the state. The Constitution, however, restricts the right to access of information in the interests of defence, public security or professional confidentiality to the extent that the restriction is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom. Notwithstanding the wording of Section 62(4) limiting access to information, 21 22 Section 61(1) (b) of the Constitution. Section 62 (1), (2), (3), & (4) of the Constitution. 19 | P a g e

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