Zimbabwe Rule of Law Journal |115
Restriction on freedom of expression necessary because of demonstrable direct, obvious
and serious harm to public interest.
Section 20(2) prescribes strict requirements for any measure in the exercise of State power which
has the effect of restricting the exercise of the right to freedom of expression. The restriction may
only be imposed if it is reasonably justifiable in a democratic society. The State may interfere with
the exercise of freedom of expression only when the activity or expression poses a real danger of
causing direct, obvious and serious harm to the rights of others or the public interests listed in s
20(2).The restriction must be narrowly drawn and specifically tailored to achieve the objective so
as not to inhibit unduly freedom of expression. Restriction of the exercise of freedom of expression
is a measure so stringent that it is inappropriate as a means for averting a relatively trivial harm
to society.
It should be borne in mind that the State has sufficient resources to refute wrong statements
and this means can be used by a public institution to effectively protect a public interest against
the publication or communication of false statements about its activities without having to curtail
freedom of expression.
Rational connection between restriction and objective
There must be a rational connection between the restriction and the objective for imposition
the restriction. A restriction which is not rationally connected with the objective pursued is an
unreasonable, unnecessary and arbitrary interference with the exercise of freedom of expression.
Restriction must be proportionate
Even if there is a rational connection, the restriction must be proportional to the objective sought
to be achieved by it. The court will examine whether there are other less restrictive and intrusive
means available which the legislature which would be equally effective to achieve the same objective.
It will also examine whether the restrictive measure so severely affects the right to freedom of
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