THE CENSORSHIP ACT General statement: 14. The Censorship and Entertainment Control Act provides the circumstances and standards under which the Censorship Board is authorized to censor artistic works, thus limiting artistic expression. The Act is enacted “to regulate and control the public exhibition of films; the importation, production, dissemination and possession of undesirable or prohibited video and film material, publications, pictures, statues and records, and the giving of public entertainments; to regulate theatres and like places of public entertainment.”4 15. Artistic expressions can be censored if they are deemed undesirable; indecent or obscene; offensive or harmful to public morals; or contrary to the interest of defence, public safety, public order, and the economic interests of the state or public health. The standards, however, have not been clearly defined, leaving room for abuse and arbitrary decisions by the Censorship Board. ICCPR article 19(3) provides that permissible restrictions on freedom of expression must be “necessary” and “provided by law.” Clarifying these provisions, General Comment No. 34 states that a permissible restriction must be, inter alia, “the least intrusive instrument” that achieves the state’s purpose and “must be formulated with sufficient precision to enable an individual to regulate his or her conduct accordingly and it must be made accessible to the public.” 16. Artists face a difficult situation when trying to deal with the arbitrary standards of censorship in Zimbabwe. Any song, play or writing dealing with social issues has the possibility of being linked to government actions and, as a result, faces reprisals in the form of censorship. Arts activist Tongai Makawa (artist name: Outspoken) of Magamba Network notes, “all topics are controversial in Zimbabwe because if you are tackling any societal ill or problem there is always a way of tracing it back to a government or political situation, even though you are tackling things of a social nature. ” 17. Violations of the Censorship Act will result in the individual being liable to a fine or imprisonment. The Censorship Board also has powers under section 25 of the act to seize any articles for examination by the board. 18. The Censorship Board’s composition and process for making censorship decisions are not transparent. Artists have stated they have no way of knowing who is appointed to the board or what happens to a piece of art after it has been submitted for review. The website of the Ministry of Home Affairs only explains the functions of the Board, but does not provide a list of the Board’s membership. 5 19. The Censorship Board’s decisions are in principle appealable to the Censorship Appeal Board. 6 The relevant minister can override the decision of “the Appeal Board or to any court to which any decision, order or proceedings of the Board or the Appeal Board has or have been brought on review or appeal” if the minister believes the decision is not in the public interest.7 4 The Censorship and Entertainment Control Act http://www.parlzim.gov.zw/acts-list/censorship-and-entertainmentscontrol-act-10-04 5 http://www.moha.gov.zw/index.php/2014-03-26-06-08-11/2014-05-14-09-19-25/2014-03-26-06-24-01 6 The Censorship and Entertainment Control Act, section 19. 7 Ibid. section 21. 4