41. Many of the cases that involve the police detaining artists or banning exhibitions or screenings are never
reported by artists, who will often have an interest in not creating more negative attention around their
person or artistic expressions. Many cases are therefore neither publically known nor registered.
RECOMMENDATIONS
51. In accordance with international standards and respecting the 2013 constitution, Zimbabwe should
abolish the Censorship Act and any prior-censorship bodies or systems where they exist and use
subsequent imposition of restrictions only when permitted under article 19 (3) and 20 of ICCPR. Such
restrictions should be imposed exclusively by a court of law.
52. Replace the Censorship Board and other bodies censoring or regulating artistic expressions with a
classification board mandated to issue age recommendations to protect children.
53. Repeal section 31 (criminalizes the publishing of, or communicating, false statements prejudicial to the
State), section 33 (criminalizes insulting the office of the president) and section 96 (criminal defamation)
of the Criminal Law (Codification and Reform) Act.
54. Reconstitute the Broadcasting Authority of Zimbabwe (BAZ) with new appointees taking oath of office
in line with public leadership and governance principles in chapter 9 of the constitution. The
independence of the new BAZ board must be guaranteed and respected to eliminate, as far as possible,
executive interference on political grounds.
55. Improve efforts to issue licences to community radio stations as these small broadcasters have
substantial influence on the exercise of freedom of artistic expression by granting local artists access to
showcase talents. BAZ must decrease the fees for licences to ease the financial burden to applicants for
community broadcasting services. The exorbitant fees required are perceived as a deliberate move to
prevent new entrants into the sector.
56. Repeal or significantly reform the Criminal Law (Codification and Reform) Act and the Public Order
and Security Act (POSA) provisions that restrict freedoms of expression and assembly as proposed by
the United States, Australia, Canada, Austria and Mexico during Zimbabwe’s 2011 UPR.
57. Take measures, including training of national and local police, to ensure the Criminal Law (Codification
and Reform) Act and the Public Order and Security Act (POSA) are not abused by the police to limit
artistic freedom of expression in violation of the 2013 constitution and Zimbabwe’s international
obligations.
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