Zimbabwe Rule of Law Journal |119
The restriction imposed by the offence is not necessary and proportionate to the achievement
of its legitimate objective
This offence is unconstitutional because it is overbroad and has an unacceptable chilling effect on
freedom of expression.
Over-broad nature of offence
The offence is not narrowly drawn and carefully tailored to achieve the objective pursued. It substantially
restricts freedom of expression and it is questionable whether it is effective in achieving its objective.
Nature of offence
The court held that for the protection of public confidence in a security service institution to have any
connection with the legitimate aim of protecting the interests of public order and public safety, the
false statement must relate to the performance by the security service institution of its functions.
But the offence does not provide that the false statement must relate to an important aspect of
the performance of the functions of the security service institution of its functions. There are many
activities by security service institutions which are unrelated to their efficient performance of the
functions of maintaining public order or preserving public safety. False news that is harmless to the
effectiveness of a security service institution in maintaining public order or preserving public safety
would be covered by the offence as long as it is accompanied by an intention to undermine public
confidence in the security service institution.
Offence does not require that statement must reach significant number of people
The offence does not even require that the statement must reach a significant number of people. It
would cover even a conversation between two people in a private home.
Select target paragraph3
Add to table of contents