Judgment No. CCZ 9/2016 26
Const. Application No. CCZ 316/2012
protects the person from any hindrance in or interference with possession of equipment capable
of receiving ideas, information and messages delivered by television and radio programmes.
Article 19 of the Universal Declaration of Human Rights (UDHR) guarantees
freedom of opinion and expression in the following terms:
“Everyone has the right to freedom of opinion and expression; this right includes freedom
to hold opinions without interference and to seek, receive and impart information and
ideas through any media and regardless of frontiers.”
Zimbabwe is a signatory to the International Covenant on Civil and Political Rights (1966)
(ICCPR) which is legally binding in international law and guarantees in Article 19, the right to
freedom of opinion and expression in similar terms to Article 19 of the UDHR.
There is need to first consider the context of the principles of the law of public
broadcasting service and the exercise of freedom of expression.
Broadcasting, as a wide dissemination of ideas and information on a variety of
subjects by television or radio, is a means of exercising freedom of expression. As a medium
through which ideas and information can be received and imparted, broadcasting is intrinsically
linked to freedom of expression. It is a medium specifically dedicated to the exercise of the right
to freedom of expression. The one is the life blood of the other. Any public broadcasting service
system must meet all the requirements of freedom of expression in order to pass the
constitutional muster.
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