ZESN - Promoting Democratic Elections in Zimbabwe 12. Media and Elections Media freedom is fundamental in promoting the civil and political rights and liberties enshrined in the Constitution of Zimbabwe. The media, in all its forms, play a complex and critical role in electoral process, providing information to voters and a platform for political parties and candidates. Moreover, the media serves as a watchdog 50 throughout the electoral cycle . understanding of electoral issues by the media. For the 2018 harmonised elections, there were notable improvements in election coverage with both public and private media availing platforms for political debates and discussions. However, an analysis of the content of the current affairs programmes on radio and television, as well as reportage on election campaigns and rallies in the print media, showed that biases and polarisation persisted in the 2018 election. Zimbabwe is a state party to regional instruments that recognise the need for equitable, fair, and balanced media coverage for political parties and candidates. The African Charter on Democracy, Governance, and Elections in Chapter 7 Article 17(3) states that member states should ensure fair and equitable access by contesting parties and candidates to state-controlled media during elections. While it is commendable that the GoZ it is signatory, there is need to ratify and domesticate the Charter. 12.1 Legal Framework governing the conduct of actors in the media industry The Constitution of Zimbabwe provides for freedom of expression and freedom of the media in Section 61, and this right extends to all media; both private and publicly owned. The Constitution however places a special mandate on state-owned media to be free to determine editorial content, be impartial, and provide fair opportunity for the presentation of divergent views and dissenting opinions. This distinction between the private and public media, and their responsibilities, is important in reflecting on the role each media plays in political and election reporting. The SADC Electoral guidelines, under Section 2.1.5, require members states to ensure “Equal opportunity for all political parties to access the state media” while Section 160J of the Electoral Act requires all media outlets both print and electronic to ensure that “all political parties and candidates are treated equitably in the news media, in regard to the extent, timing and prominence of the coverage accorded to them…”However, of concern is the fact that election coverage for the 30 July harmonised election was largely focused and skewed on the two main political parties. Electoral Act (Chapter 2:13) Section 160E–K of the Electoral Act sets out the parameters of the media's coverage of elections. Specifically, the Act provides for: • Access to broadcast media; • Political advertising in print and broadcast media; • Conduct of news media in an election; and • Monitoring of the news media during elections, which is a responsibility of the ZEC. Media coverage of elections in Zimbabwe has been highly polarised since the emergence of a strong opposition in the early 2000s.The polarisation and bias along political party lines is despite the legal and ethical obligations for the media to be impartial and balanced in covering election campaigns, political parties, and election candidates. Statutory Instrument 33 of 2008 The ZEC (Media Coverage of Elections) Regulations 2008 (SI 33 of 2008), sets regulations on: • Election programmes to be broadcast; • Equal allocation of airtime especially on the public broadcaster; • Election adverts; • The media's conduct in an election; and • An appeal mechanism for aggrieved parties. Overall, the level of understanding, scrutiny and coverage of electoral issues reflects an improved 50 This section was contributed by the Media Monitors, a ZESN member 49 REPORT ON THE 30 JULY 2018 HARMONISED ELECTIONS ZESN