(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.
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