114 | Zimbabwe Rule of Law Journal
fully to enjoy their right to freedom of expression. What follows is a résumé of the unusually long
(53 printed pages) judgment.
Does freedom of expression encompass the making of false statements?
The Court decided that the protection provided by s 20(1) does not have regard to the truth or falsity
of the meaning of the information published or communicated. Truth is not a required condition for
the protection of freedom of expression. The content of a statement does not therefore determine
whether it falls within s 20(1)’s protection. The Constitution recognises the fact that people tell lies
in a variety of social situations for different reasons. Lies are not necessarily without intrinsic social
value in fostering individual self-fulfilment and discovery of truth. The only limitation on the “freedom”
or “liberty” is the duty not to injure the rights of others or the collective interests listed in s 20(2)
(a). It is the rights of others or the public interests and actual or potential harm thereto that help to
determine whether a restriction on the expression is valid.
The fact that a person has told lies to others on any subject matter should not be of concern to the
State. The Government is not a monitor of truth. Anyone has a right to impart or receive ideas and
information about the activities of security service institutions, regardless of the falsity or truth of
the message conveyed, provided no harm or real likelihood of harm to the rights of others or public
interest results in breach of law. No exercise of the right to freedom of expression can, without more,
be restricted on the ground that the message conveyed is false, offensive or not favourable.
Permissible restrictions on freedom of expression
Freedom of expression is not an absolute right and may be restricted if the objective of its enactment
is the protection of a public interest listed in s 20(2)(a), which include the maintenance of public order
and protection of public safety. The recognition of the power of Government to limit the exercise of
freedom of expression arises from the fact that the constitutional freedom of expression can be abused
for the purposes of harming the rights of others or the public interest.
Select target paragraph3
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