120 | Zimbabwe Rule of Law Journal Offence covers remote possibilities The offence is committed when the statement is not wholly but only materially false. “Materially false” denotes that the statement does not have to be completely false. The provision has the effect of shielding the public interest from every possibility of harm, even harm which is only remotely possible. A remote possibility of harm to the maintenance of public order or preservation of public safety cannot be a reasonable basis for the legislative imposition of a restriction on the exercise of freedom of expression. Offence does not require that conduct poses real danger to public interest The offence does not make reference to the maintenance of public order or protection of public safety. Thus the State has no obligation to prove that the conduct posed any real danger to the public interest concerned. Nothing in the language of the statute limits its applicability to situations where the prohibited acts directly and proximately cause harm to the maintenance of public order or preservation of public safety. An enactment which is capable of being construed and applied to cases where no danger to the listed public interests could arise cannot be held to be constitutional and valid to any extent. Criminalising statements made without knowledge of their falsity The offence does not require that the maker of the statement had knowledge of the falsity of the statement that is being made. The State should not penalise people who make false statements in good faith about a matter of public concern where the statement is published without knowledge of its falsity or without reckless disregard as to whether the statement is false or not. A person who, at the time of publication of the statement, sincerely believes that it is true does not have the state of mind justifying the imposition of criminal liability. Liability must be based on the notion of personal responsibility inherent in the concept of the exercise of freedom of expression. The provision also covers a person who, at the time he or she publishes or communicates a statement,