By Staff Reporter
Though state security and that of its citizens is of paramount importance, the crafting of the Cybercrime and Cyber security Bill has been described as an infringement of human rights.
According to a research paper produced by the Zimbabwe Democratic Institute (ZDI) together with Media Centre, the provisions contained within the Bill contradict with the country’s constitution.
“For example Section 6 of the Cybercrime bill defies Section 62 of the country’s constitution which provides that every citizen of the country has the right to access to any information held by the state or any institution of the government”.
It further says the Cybercrime Bill is a vividly menace to democracy and development owing to its indistinct provisions that allow the State to harshly punish online free expression that government deem hostile to its supreme political ,economic and security interest.
“The Bill compromises constitutionalism and development by criminalizing legitimate information sharing and networking activities that embrace open debate and electoral participation by the citizens”.
However, the paper recommended that the Bill be revised and widened to include protection of fundamental rights and freedoms as contained in the constitution.
“The Cybercrime and cyber Bill’s purpose of criminalizing offences related to “unlawful” and “unauthorized” access to information be revised in such a way that it takes into cognizance the need to safeguard the individual rights in the process of collecting evidence or prosecuting cybercrime”.
The paper also urged stakeholders such as civil society organisations, political parties and media organisations to effectively play their watchdog role.
“Civil society should embark on massive mobilization of the people through conducting road shows to demonstrate against the cybercrime Bill’s repressive provisions and lobby the government to change those provisions and ensure their fair enforcement”
Furthermore, political parties should increase awareness of the Cybercrime Bill and its unconstitutional provisions amongst all citizens of the country from grassroots to national level using their physical and virtual communication structures and networks across the country.
“The media as watchdog and guardian of public interest should expose the cybercrime Bill’s stringent provisions and incite demands for its urgent revision. It should carry out this through writing stories directly linked to the flaws of the Cybercrime Bill, give media coverage to internet governance stakeholder’s meetings and publish them across various social media platforms to reach large audience”.
The Bill has created debate among citizens and various organisations with claims that it violates their rights and a case in point is when investigating officers from the Zimbabwe Republic Police (ZRP) seized Martha O’Donovan’s phone and laptop.
Martha O’Donovan was arrested for a tweet that went out in September 2017 that was said to be mocking the Former President of Zimbabwe Robert Mugabe
