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.

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