The standards of public safety, public order, economic interest, public health
and contrary to the interests of defence have been abused and applied to
censor artistic expression. These grounds have been criticized for being
blatantly vague, more particularly because the Act does not offer any
definitions of these phrases. This approach in legislative drafting is contrary to
the findings in the Chavunduka case, namely, that a law that restricts freedom
of expression, and by extension, freedom of artistic expression, must do so
clearly so that those who are affected by it are able to couch their conduct to
conform to those legal requirements.
Artists have testified to the dilemma they face in terms of dealing with
standards of censorship in Zimbabwe. They stated that any subject matter
making the theme of any song, play or writing, even dealing with social issues,
has the possibility of being linked to government action, hence it may attract
reprisals in the form of censorship. Arts activist Tongai Makawa (Aka
Outspoken) of Magamba Trust notes, ‘all topics are controversial in Zimbabwe
because if you are tackling any societal ill or problem there is always a way of
tracing back to government or political situation even though you are tackling
things of a social nature.’
Ambiguity in censorship legislation is against the standards of limitation
contemplated by article 19 of the ICCPR. Explaining the nature and extent of
limitations, the Shaheed Report emphasizes the need for clarity and
particularity when introducing limitations.55 There must be a clear distinction
between expression that violates criminal or civil law with the former (criminal
sanctions) being the last resort. It then follows that the vagueness of the
framework for standards of art as well as lack of transparency in their
enforcement cannot pass the constitutional and international law requirements
for them to be acceptable in a democratic society.
It is important therefore to have the responsible minister enact regulations to
the Censorship Act or amendments that bring in definitions to these unclear
provisions to enable artists not only to conform their works of art to it, but
55
See Shaheed Report, para. 31.
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