Freedom of Expression and Media Freedom Under the 2013 Constitution: Challenges and Opportunities
An analysis of the constitutional protection of freedom of expression and media freedom under sections 61 and 62 of the Constitution of Zimbabwe 2013, examining the AIPPA framework, recent court decisions, and the path toward genuine media freedom.
Introduction
Freedom of expression and media freedom are fundamental to any democratic society. The Constitution of Zimbabwe 2013 provides robust protections for these rights under sections 61 and 62, representing a significant advance over the previous constitutional framework.
The Constitutional Guarantee
Section 61 guarantees freedom of expression, including:
- Freedom to seek, receive, and communicate ideas and other information
- Freedom of the press and other media
- Freedom to engage in artistic creativity
- Academic freedom and freedom of scientific research
Section 62 guarantees freedom of the media, including the right of the media to report on matters of public interest without interference.
The AIPPA Framework and Its Constitutional Challenges
The Access to Information and Protection of Privacy Act [Chapter 10:27] (AIPPA) has been widely criticised as inconsistent with the constitutional guarantees of freedom of expression and media freedom. Key provisions that have been challenged include:
- The mandatory accreditation of journalists
- The registration requirements for mass media organisations
- The broad criminal offences relating to the publication of "false" information
The Constitutional Court has not yet definitively ruled on the constitutionality of AIPPA, but practitioners have successfully challenged specific applications of the Act in the High Court.
Recent Developments
The Media and Information Commission has undergone significant reform in recent years, and the government has indicated its intention to repeal and replace AIPPA with legislation more consistent with the 2013 Constitution. The Zimbabwe Media Commission Act and the Freedom of Information Act represent steps in this direction.
The Role of the Courts
The courts have played an important role in protecting freedom of expression. In Chimakure & Others v Attorney General of Zimbabwe SC 25/13, the Supreme Court struck down section 96 of the Criminal Law (Codification and Reform) Act, which criminalised the communication of "false" statements prejudicial to the State, as inconsistent with the constitutional guarantee of freedom of expression.
Conclusion
The 2013 Constitution provides a strong foundation for freedom of expression and media freedom in Zimbabwe. However, the full realisation of these rights requires both legislative reform and a culture of respect for media freedom within government institutions. Practitioners have an important role to play in advancing these rights through strategic litigation.