Media Insititute of Southern Africa Zimbabwe chapter, has released its quarterly media freedom monitoring report. The report takes cognisance of the need to align several of the restrictive media laws with the country’s supreme laws. It is noted that pressure is mounting for criminal defamation to be struck off as unconstitutional. The report also takes note of the Information and Media Panel of Inquiry (IMPI) which is credited for recommending the repeal of media laws to allow for the free operation of the information sector. The report also states that the raid of the Source news agency by Steward bank is unconstitutional as the Constitution protects freedom of expression and freedom of the media.
MISA-Zimbabwe Quarterly Media Freedom Monitor February-April 2015
Introduction
Almost two years after the coming into being of the 2013 Constitution, Zimbabwe is still to align several of its restrictive media laws with the country’s supreme law.
These offending laws, compounded by an ailing economy that has seen the closure of the Zimbabwe Mail and Southern Eye private newspapers due to serious sustainability problems, continue to pose serious threats to media freedom and citizens’ right to freedom of expression and access to information through diverse media.
The media environment thus remains chocked with a raft of repressive media laws such as the Access to Information and Protection of Privacy Act (AIPPA), Broadcasting Services Act, Interception of Communications Act, Official Secrets Act and Criminal Defamation, among others.
Constitutional provisions/legislative reforms
While several undemocratic media laws remain in the statutes, pressure is mounting for criminal defamation to be struck off as unconstitutional following three applications filed with the Constitutional Court during the period under review.
The applications were filed by MISA-Zimbabwe, Zimpapers and Zimbabwe Football Association chief executive Jonathan Mashingaidze
MISA-Zimbabwe in its Constitutional Court application argues that Section 96 of the Criminal Law (Codification and Reform) Act is unconstitutional as it does not comply with Sections 61 and 62 of the Constitution and should be struck off.
Sections 61 and 62 protect the right to freedom of expression, media freedom and access to information.
MISA-Zimbabwe argues that if the law in question was declared unconstitutional under the old constitution, there is even greater justification for it to be struck off in terms of the new constitutional dispensation.
Information and Media Panel of Inquiry (IMPI) Report
The government- sanctioned Information and Media Panel of Inquiry (IMPI), on 18 March 2015 officially released its much awaited report and recommendations on Zimbabwe’s information and media sectors urging the government to review and repeal the country’s restrictive media laws.
The 666-page report recommends for the repeal of laws such as the Access to Information and Protection of Privacy Act, Criminal Law (Codification and Reform) Act, Broadcasting Services Act, Censorship and Entertainment Controls Act , Official Secrets Act and Copyright and Neighbouring Rights Act, the report notes that:
“The orientation of laws affecting the information sector has been one of control, and not one of viewing this sector anew as a growth pole in the national economy. Legally, the information revolution has thrown up new issues to do with growth promotion, regulation, standards and protection of society from negative, harmful material.
“The main recommendation is the need for review of existing media laws in line with the Constitution, including media regulation and removal of all penal measures and criminalisation.”
These developments point to increasing pressure for the review and alignment of the country’s media laws with the Constitution and an awakening on the part of Zimbabweans to their constitutionally guaranteed rights.
Petition against Econet/Steward Bank
In an unprecedented turn of events widely described as corporate bullying of the media, Econet Wireless and Steward Bank through its lawyers, the Sherriff and police, searched and seized documents from The Source news agency in execution of a High Court order granted by Justice Musakwa.
This followed allegations by Steward Bank and Econet Wireless that the publication of two stories titled: Steward Bank seeks land to settle 2.1 million Chiyangwa loan and Debt distressed Zimbabwe moves to reschedule domestic debt, were premised on illegally obtained documents.
Shocked by this development in a country where cases of media violations are generally associated with politicians, senior government officials and state security personnel, a total of 130 journalists signed a MISA-Zimbabwe/Zimbabwe Union of Journalists petition against Econet Wireless and Steward Bank in defence of their constitutionally guaranteed right to media freedom and protection of confidentiality of sources.
The petition was presented on 9 April 2015.
In the petition, the journalists said the raid in question was unconstitutional and an arrogant violation of Section 61 of the Constitution which protects freedom of expression and freedom of the media.
It was also brought to the attention of Econet and Steward Bank that the constitutionally guaranteed freedom of the media, also protects the confidentiality of journalists’ sources of information.
Digital migration
While the Minister of Media, Information and Broadcasting Services Professor Jonathan Moyo is on record saying Zimbabwe will meet the International Telecommunications Union’s 2015 digitisation deadline, the government is still to launch public awareness campaigns on what exactly will be at stake.
According to a Bulk SMS sample survey of 1 000 people comprising data bases for recipients of alternative media information such as community radios, community based organisations and journalists conducted by MISA-Zimbabwe on citizens’ perception of media and media laws, a total of 333 responded.
Of those that responded, 173 or 52% said they did not understand what digital migration is all about. The remaining 160 or 48%, said they knew what digitisation entailed.
Given that only two months or so remain before the deadline, there is therefore need for urgent wide and broad public awareness campaigns and clarity on the policy and regulatory framework and cost implications for members of the public through wide and broad consultations.
Conclusion
The IMPI report should be given wide publicity and due consideration by policy makers and the inter-ministerial committee that is reportedly reviewing more than 400 laws with the aim of aligning them with the Constitution.
Its recommendations can greatly assist in policy and legislative reforms that will democratise the media landscape for the enjoyment and entrenchment of citizens’ right to freedom of expression and access to information in Zimbabwe.
media freedom/freedom of expression violations
Regrettably, a total of 8 cases pertaining to violation of media freedom and freedom of expression were recorded during the period under review compared to only two (2) during the previous period.
Media Freedom /Freedom of Expression Violations Statistics February –April 2015
Victim/person/concerned party
Journalists Journalists covering the arrival of President Robert Mugabe from the African Union Summit in Ethiopia forced to delete pictures they had taken as he fell at Harare International Airport.
4 February 2015
Blessed Mhlanga-NewsDay reporter; Jackie Gwemende and Dzikamai Mandizvidza -Zimbabwe Broadcasting Corporation reporters and Munyaradzi Musiyiwa -The Herald Reverend Tititi Moyo leader of the Christ Apostolic Worldwide Revelation assaulted the four journalists from both the private and public media in the Midlands town of Kwekwe accusing them of taking pictures without permission.
5 February 2015
Professor Jonathan Moyo, Minister of Media, Information and Broadcasting Services The Minister of Information, Broadcasting Services and Media Professor Jonathan Moyo threatened that the government would in future confiscate photographers’ cameras if an unfortunate incident like the fall of the President occurs.
Prof Moyo warned the private media that it risked being banned from government functions. He said the government would consider stopping to invite the private press to cover state events. 13 February 2015
Darius Mutamba-Daily News photojournalist Barred from taking pictures of First Lady, Grace Mugabe’s welcome function when she arrived at Harare International Airport from the Far East .
15 February 2015
Winstone Antonio, Newsday reporter Threatened with death by Rockland College’s principal director McDonald Makondesa when he asked for comment on allegations that the Zimbabwe School Examinations Council (ZIMSEC) was withholding the college’s Ordinary Level geography results.
5 March 2015
The Source news agency Econet Wireless and Steward Bank through its lawyers, the Sheriff and police, searched and seized documents from the Source news agency in execution of a High Court order granted by Justice Musakwa. The order was dated 20 March 2015.
26 March 2015
Owen Maseko, Bulawayo-based visual artist Issued with a Supreme Court order to pull down his controversial exhibition depicting the 1980s Matabeleland Gukurahundi army massacres.
9 April 2015
Telecel Zimbabwe THE Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) cancelled Telecel Zimbabwe’s licence following the mobile phone operators failure to renew its operating licence. In a statement, POTRAZ said it had given Telecel 30-days to wind down its operations and another 60 days to decommission its equipment.
