1.5.4 Official Secrets Act [Chapter 11:09] The Act is another piece of legislation with the potential to limit the exercise of freedom of artistic expression in Zimbabwe. The Act has provisions that seek to limit the information that may be circulated or received that can have a negative effect on the defence, public order and public safety. The Act protects state security by criminalising the communication of information that is in the possession or under one’s control when such information is deemed to be a “secret official code or password or any model, article, document or information relating to or that is used in a prohibited place or relates to anything in a prohibited place.”41 In cases where such a model, document or article has been made or obtained in contravention of provisions of the Act this is considered to be criminal.42 Third parties entrusted in confidence with information by a person who holds office in the public service who then communicate this information commit crimes under the Act. People that are employed under the public service with access to such information, hold a contract made on behalf of the state, or contract that is to be fulfilled in a prohibited place, constitute the profile of persons whose conduct is regulated by the Act43. We argue here that provisions of this Act are inconsistent with the international legal obligations as will be discussed later. Such provisions must be well defined on what document or article will be injurious to the well-being of the State especially in cases relating to the military and other securityrelated subjects. This was the import of the ruling in the Chavunduka case when the court held that ‘statutory vagueness cannot be allowed where freedom of expression is at issue; the law must be precise enough to enable a person to regulate his conduct’. Unfortunately vagueness in legislation, either as a result of poor drafting or specific intention to unduly limit freedom of expression is what is currently prevailing. 41 42 43 Section 4(1) a of the Official Secrets Act 1970 Section 4(1) (b) of the Official Secrets Act Section 4(1) (d) Official Secrets Act 30 | P a g e