There are many interests that drive censorship in Zimbabwe. However, the
main driving force for censorship appears to be political censorship involving
intolerance to the ideas, expressions and opinions of others. This fear has
manifested itself in various forms of suppression of artistic expression which is
considered as dangerous or threatening security or threatening certain groups
of people or individuals.
In Re Alberta Legislation,51 the Supreme Court of Canada emphasized that
freedom of discussion is essential to enlighten public opinion in a democratic
state and that it cannot be curtailed without affecting the rights of the people. 52
Further, in deciding to restrict freedom of expression the courts in Zimbabwe
should also take into account international practices and principles as well as
progressive legal thoughts from other jurisdictions. Each has to make its
individual contribution to the quest and attainment of a just and decent society
in which freedom of expression is cherished as an indispensable value.53 The
ambit of freedom of expression covers not only information or ideas that are
favourably received or regarded as inoffensive or as a matter of indifference,
“but also those that offend, shock or disturb the state or any sector of the
population.
Such
are
the
demands
of
that
pluralism,
tolerance
and
broadmindedness without which there is no ‘democratic society’.”54
There is a considerable body of case law dealing with questions that
Zimbabwean society has been grappling with, such as the limits of legitimate
criticism, whether erroneous statements about public figures can be regarded
as defamatory in the absence of malice or reckless disregard of truth. The latter
has raised pertinent questions with regards to who a public figure is? What are
the criteria for determining this question? What is the permissible latitude of
criticism regarding public figures?
[1938] 2 SCR 100
Nathwani v Commissioner of Police, Bombay 78 Bom L R, 1
53 The Article 19 Freedom of Expression Handbook, International and Comparative Law,
Standards and Procedures, https://www.article19.org/data/files/pdfs/publications/1993handbook.pdf
54 Handyside v United Kingdom, Judgment of 7 Dec. 1976, Series A no. 24, 1 EHRR 737.
51
52
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