are fair and balanced in their approach. • Gender Omission: It also prohibits the use of hate speech and any language that incites violence or encourages racial, ethnic or religious prejudice or hatred. All this is commendable. However, there is a glaring omission in the list of indices of prejudice or hatred in that ‘gender’ is not specifically stated. Given the high levels of prejudice suffered by women politicians or public figures in generally male-dominated terrain, it is imperative that ‘gender’ be expressly stated in paragraph (g) (i). Monitoring the Media • These rules would be inconsequential without an effective media monitoring system. Section 160K provides a framework for monitoring the print and broadcast media to ensure that the provisions of this Part are observed by everyone concerned, including the media. Paragraph (1) states that in carrying out this monitoring responsibility, the Commission is entitled to assistance from the Zimbabwe Media Commission and the Broadcasting Services Authority. Subsection (3) keeps the door open to other private persons or entities to monitor the conduct of news media during elections. • Omission of Sanctions for Breach: The biggest problem with this part is the lack of specific and effective sanctions for breaches of these requirements by both print and broadcast media. The position is particularly significant in respect of the publicly funded broadcasters whose conduct has always been the subject of criticism by opposition political parties and civil society. The Bill simply specifies legal requirements but does not specify sanctions that follow failure to abide by those stipulated rules. A law that fails to provide effective sanctions against breaches is not likely to make any impact. This part needs to be strengthened to ensure that broadcasters and the print media can be held to account directly under the Act for breaches of the stated rules and requirements. • Preventing Circumvention: A final point is that there must be prohibition of attempts to 41

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