Legislation Tracker

The Act aligns itself to the Declaration of Rights in the Constitution of Zimbabwe. However, like all laws in Zimbabwe they exist so long as they do not impede the political dynamics of the country. Those in power only maintain the law so far as it serves them.

The Acts section 2 provides a wide definition of media which includes the dissemination of information through the internet and any other electronic means.

With regards to the investigation of complaints, Section 8 of the Act allows the Commission to mero motu institute an investigation into violations of rights. From the face of it, this seems like a good provision as each and every media violation should be addressed. However, there is actually a danger that the possibilities of abuse of the Commission will be increased.

The Bill does not present any language on private broadcasting media. This there is insufficient independents and separation between the State Broadcaster and Board

The language of the legislation is vague on defining what can and should be censored it provides the Board a broad range of powers in terms of definition. Which places it in contradiction to Freedom of Speech and Expression & Freedom of Information Act

In the digital age where personal information is becoming commercialised the Bill (not yet passed) has no language on protecting Zimbabwean citizens and permanent residence personal information from non-Zimbabwe private entities.

The Bills amendments are still in the research
stage and it is too early to provide an assessment

The current (not amended) Bill provides the
president extensive powers to define what an organisation is and if it threatens the nation.

The Act was meant to repeal and replace the former Public Order and Security Act (POSA). As with most provisions of the Maintenance of Peace and Order Act the interpretation of section 2 rehashes that of POSA. It reconstitutes the conflation of public demonstrations and public meetings under the moniker of public gatherings.

It infringes on the rights provided for in section 58
of the Constitution i.e. freedoms of association, movement. This may make the Bill unconstitutional.
It allocates too much power to the Minister, who in the end is also just a political actor.
Creates a cumbersome regulatory process for applications

The Act does not lay down time frames for treaties
to be integrated with domestic law.

The Bill is in the research stage. It is too early to
make an assessment.

The powers granted to the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) to be three tier regulatory body covering telecommunications, cybersecurity and data protection puts the entire digital infrastructure under the control of one entity that does not have clear independence from the government.

The Amendment maintains the President and
Minister power to issue policy directives. Creating a vague sense of independence with its aspirational changes while leaving the crucial issue of separation from the executive to investigate without interference.

The President is granted extensive authority to
appoint the Chairman of the Commission without consultation of the Judicial Services Commission. As Commander-Chief of the Armed Forces it removes any independence from the Commission

Part III Sexual Crimes and Crimes against Morality The very idea of morality is difficult to legally ascertain especially under the 2013 Constitution. Section 77 (Public Indecency) of the Criminal Code runs counter to freedom of speech by limiting what one says in public without clear definitions at to what constitutes singing indecent language, or the writing of certain language.