The Media Institute of Southern Africa (MISA) says the sending of unsolicited political messages to mobile phone users violates the Cyber and Data Protection Act.
This comes after voters across the country have been bombarded with messages purportedly from President Emmerson Mnangagwa soliciting votes ahead of forthcoming general elections.
MISA has written a letter to the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) dated 11 April asking how third parties were accessing citizens’ personal data, including phone numbers.
In the letter, MISA Zimbabwe chapter director Tabani Moyo noted that the messages were based on constituency segmentations as per the voters’ roll. Part of the letter reads:
<blockquote>
Over the past few weeks, mobile phone users have reported receiving unsolicited political messages that are personalised and highly targeted through local and constituency-based segmentation.
The messages’ personalisation and targeted nature are closely related to the information in the voters’ roll.
There is every reason to believe that the unsolicited texts violate the Cyber and Data Protection Act which governs the use of personal biometric data.
The Act states that the use of personal biometric data in this way is prohibited unless the data subject gives consent in writing.
… In that regard, MISA Zimbabwe seeks to know how third parties have access to subscriber numbers and are sending unsolicited messages in a possible breach of the law.
</blockquote>
One of the messages sent to a subscriber reads:
<blockquote>
Kwaziwai. Iyi ndiyo WhatsApp nhamba yangu yeSeke 0719******, ichengetedzei mufoni menyu nekuzivisa vamwe vagari vemaSeke. Ndichange ndichikuzivisai paWhatsApp STATUS yangu, zvirikuitwa nehurumende kuvaka nyika yedu nemuno maSeke. Ndatenda, ndini wenyu President ED Mnangagwa.
</blockquote>
Moyo indicated that mobile telecommunication operators, that is Econet, NetOne, and Telecel, as well as Zimbabwe Electoral Commission (ZZEC) have denied leaking citizens’ personal information to ZANU PF.
He said POTRAZ ought to clarify the matter and ensure that citizens’ right to privacy will remain protected.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Pindula News

Unsolicited ED Mnangagwa Texts Illegal - MISA

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<div class="et_pb_text_inner">Mr Tabani Moyo, the Regional Secretariat director for the Media Institute of Southern Africa (MISA) has been elected to the position of Vice Chairperson in the Governing Council of the Africa Freedom of Information Centre Board. </div>
<div> </div>
<div class="et_pb_text_inner">Moyo was elected into the Africa Freedom of Information Centre (AFIC) Governing Council (the board) at its elective Annual General Meeting held virtually on 27 January 2022.</div>
</div>
<div class="et_pb_module et_pb_post_content et_pb_post_content_0_tb_body">
Moyo, who is also the national director of MISA Zimbabwe, was elected Vice Chairperson of the seven-member general council for a two-year term.
AFIC is an African network of about 50 civil society organisations, and think tanks across 23 African countries. It is based in Kampala, Uganda. Said Moyo:
<blockquote>
We are grateful that the peoples of Africa, through the network’s membership, made this call for us to serve, which we accept with humility.
The task at hand, given the complexities facing humanity in the age of pandemics, natural disasters, migration pressures, melting economies and inward-looking administrations globally, requires collaborative efforts and being outward-looking while tackling localised issues.
At MISA we appreciate the challenges we face and will do our best in consolidating solidarity and collaborations with like-minded and progressive entities in this age where democracy and leadership, in general, is on retreat.
Once again, I’m grateful to the membership for bestowing this leadership mantle on us as fellow governing council members for the two-year tenure of office, which, hopefully, will position Africa’s media development agenda and complexities on the global stage.
</blockquote>
MISA is also a member of the Multi-Stakeholder Co-ordinating Team of the Southern African Development Community Internet Governance Forum (SAIGF) and the Global Forum for Media Development Steering Committee.
The organisation also serves on the IFEX Governing Council.
<h2>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h2>
</div>

MISA Director Elected Into Africa Freedom Of Information Centre Governing Council

Thirty years ago on 29 April 1991, the United Nations Education Scientific and Cultural Organisation (UNESCO) convened a seminar in the Namibian capital of Windhoek which focused on promoting an independent and pluralistic African press.
Participants to the seminar, among other issues, had the opportunity to reflect on the United Nations General Assembly Resolution 59 of December 1946 which stated that freedom of information is a fundamental human right.
The seminar, which ended on 3 May that year, gave birth to the Windhoek Declaration on promoting an independent and pluralistic press, as well as the World Press Freedom Day, commemorated throughout the world on the occasion of the last day of the UNESCO seminar of 1991.
In their resolutions, participants encouraged African governments to provide constitutional guarantees to freedom of the press and association.
This year on 3 May 2021, on the occasion of the 30th anniversary of the Windhoek Declaration, freedom of information is as fundamental as it was in 1991, hence this year universal theme: Information as a Public Good.
It is against that background that MISA Zimbabwe, riding on the universal theme, and Zimbabwe’s ongoing media law and policy reforms, found it fit and timely to commemorate this year’s event under the theme: Information as a Public Good: In Pursuit of Section 62 on Access to Information of the Constitution of Zimbabwe.
This comes in the wake of Zimbabwe’s 2013 Constitution, which now explicitly provides for the rights to access to information, freedom of expression and media freedom, among other progressive provisions under its Bill of Rights.
We, therefore, note that commendable steps were taken to give effect to the enjoyment of the right to freedom of information through the enactment of the Freedom of Information Act in 2020 in place of the widely discredited Access to Information and Protection of Privacy Act (AIPPA).
The new information law is a progressive step towards fostering citizens’ right to access information.
Other commendable developments include the licensing of the country’s first-ever community radio stations and ‘private’ commercial television stations as well campus radio stations at Great Zimbabwe University, Midlands State University, University of Zimbabwe, Lupane State University, National University of Science and Technology and Harare Polytechnic College.
This enhances diversity and pluralism in the broadcasting sector and citizens’ right to access information as a public good that assists in making informed decisions and choices.
MISA Zimbabwe is, however, concerned that these progressive steps risk being marred by some claw-back provisions in some of the laws that are before, or, have since been passed by parliament.
One such law is the Cybersecurity and Data Protection Bill. The Bill is strong on surveillance of citizens and weak on balancing cybersecurity with the enjoyment of fundamental rights such as free expression online, privacy and protection of personal data.
Any form of regulation of the Internet should be aimed at creating safe online spaces for the exercise and enjoyment of rights as opposed to the criminalisation of online communication under the guise of dealing with internet abuse.
The recently enacted Zimbabwe Media Commission Act which gives effect to the Zimbabwe Media Commission’s mandate as a constitutional media regulatory body also has some worrying provisions that do not advance the critical role played by a free and unfettered media as envisaged by the Windhoek Declaration.
We, nonetheless, commend the government and parliament for allowing the media to take the lead in the drafting of the Draft Zimbabwe Media Practitioners Bill which should give effect to co-regulation of the media in Zimbabwe, with the Zimbabwe Media Commission acting as an appellant body.
However, co-regulation of the media should not be an end in itself but should be the catalyst to fostering a free, diverse and pluralistic media as envisaged by the Windhoek Declaration.
The 30th Anniversary of the Declaration is thus a momentous occasion for Zimbabwe, the Southern African region, and the entire African continent, to reflect on how far we have gone in living up to the letter and spirit of this iconic document in respecting the right to information as a fundamental human right.
For us as MISA Zimbabwe, and the entire regional MISA family, the Declaration is our inspirational tool and the very foundation upon which our vision, mission and values are anchored.
Thirty years later, the Windhoek Declaration’s legacy lives on as evidenced through the African Commission on Human and Peoples Rights’ successor declarations and best practice on access to information, free media, free expression and internet rights and freedoms.
Windhoek Declaration @30, indeed a time to take stock!
Golden Maunganidze 
Chairperson

FULL TEXT: MISA Zimbabwe Statement On World Press Freedom Day

MISA Zimbabwe National Director, Tabani Moyo has presented its <a href="https://zimbabwe.misa.org/wp-content/uploads/sites/13/2021/04/STATEMENT-TO-THE-AFRICAN-COMMISSION-ON-HUMAN-AND-PEOPLES-RIGHTS-AGENDA-ITEM-NO.3-ON-THE-RIGHT-TO-FREEDOM-OF-EXPRESSION-IN-SOUTHERN-AFRICA-.pdf">statement to the African Charter on Human and People’s Rights (ACHPR)on the right to freedom of expression in Southern Africa</a> at the 68th Ordinary Session on the African Commission on Human and Peoples Rights.
Below is a copy of the statement our National Director presented earlier today;
<blockquote>MISA ZIMBABWE STATEMENT TO THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS AGENDA ITEM NO.3 ON THE RIGHT TO FREEDOM OF EXPRESSION IN SOUTHERN AFRICA AT THE 68th ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS.
Presented by Tabani Moyo (MISA Zimbabwe National Director)
Chairperson, Honourable Commissioners, state delegates, ladies and gentlemen, the Media Institute of Southern Africa Zimbabwe Chapter (MISA Zimbabwe) presents this statement during the 68th Session of the African Commission on Human and Peoples’ Rights (ACHPR).
As we celebrate 30 years of the Windhoek Declaration for the Development of a Free, Independent and Pluralistic Press, it is sad that I rise to report on the challenges that the media and the peoples of Southern Africa continue to face in their respective countries. Thirty years on, the problems and complexities facing the media and the press have deepened. This has been exacerbated by the outbreak of the COVID-19 pandemic leading to governments and states using the cover of the pandemic to violate the people’s basic rights such as expression, privacy, media freedom and access to information.
<ol>
<li>Attacks on the media and safety of journalists 
The situation in Mozambique continues to deteriorate at a very alarming rate. Just recently, the government took a number of journalists to Cabo Delgado in an effort to show that the situation was under control. However, insurgents fired at the delegation, with journalists needlessly placed in the line of fire. The journalist, Ibarimo Mbaruco has not been accounted for more than a year after he went missing. His last message was that he had been surrounded by soldiers. This indicates the fragility of the situation in Mozambique and the heightened importance for the protection of journalists doing their jobs.In Zimbabwe, journalists still face attacks from state security agents. Recently, a journalist, Sam Takawira was assaulted by police while covering court processes. He was injured. Hopewell Chin’ono still faces several charges at the courts due to his investigative work, while Mduduzi Mathuthu has been forced into hiding for about nine months now after police raided his house over allegations he was plotting on subverting the government. 
In Zambia, four members of the governing Patriotic Front were arrested after they attacked Chete FM. At the beginning of April, Malawian journalist, Watipaso Mzungu was questioned on allegations that his article had criminally insulted President Lazarus Chakwera. In 2020, MISA Zimbabwe recorded 52 violations on the media and journalists in Zimbabwe alone.</li>
</ol>
<ol start="2">
<li>Right to privacy under threat 
Zambia recently enacted the Cyber Security and Cyber Crimes Act, which has a chilling effect on freedom of expression, media freedom and Zambians’ right to privacy. Zimbabwe is in the process of doing the same with the Cybersecurity and Data Protection Bill which is before parliament. Both Acts falls far short of regional and international standards and instruments on human rights such as the African Union Convention on Cyber Security and Personal Data Protection (Malabo Convention, which sets the standards for cybersecurity and personal data protection laws as well as capacity building, knowledge exchanges and experience sharing among signatories). Zimbabwe has also gazetted Statutory Instrument 95 of 2021 known as the Postal and Telecommunications (Telecommunications Traffic Monitoring System) Regulations of 2021.While the SI purportedly seeks to measure all phone calls, it also gives the government the ability to snoop on people’s phone calls, thereby, endangering the right to privacy. It also creates a dangerous environment where the government may have the ability to snoop into calls between journalists and their sources. The statutory instrument is highly problematic in that the monitoring of traffic call records it can easily lead to the disclosure of personal information and data, which leads to exposure of individuals, especially those in the opposition, civic space, the media and activists. There is need for clearly defined safeguards when the government comes up with such instruments to ensure the right to privacy as provided for by the Constitution under Section 61 is upheld at all material times. The instrument does not set clearly defined limits on the monitoring nor are there guidelines on how the judiciary performs oversight role.</li>
</ol>
<ol start="3">
<li>Procurement and use of spyware 
Beginning of 2021, in February, Citizen Lab, a Toronto based research organisation, conducted research on the use of spyware. It detected that there were seven African countries using the Circles spyware to snoop on citizens’ communications. Zimbabwe, Zambia and Botswana, are among the seven African countries from SADC. This is in violation of both domestic laws on the protection of the right to privacy and ACHPR’s frameworks.</li>
<li>Coordinated approach to media law reform 
MISA Zimbabwe notes that in its regional development framework, Vision 2050, the Southern African Development Community does not have a media component to it. Meaning the media, which is a strategic partner for the realisation of strategic development. A free and secure media is needed to support the region in the provision of access to information for socio-economic development, poverty eradication, and regional integration. MISA reaffirms the crucial role of the media for the SDGs, Agenda 2063 and for sustainable development.</li>
</ol>
<ol start="5">
<li>Regional Consensus on the crackdown of expression online 
There is a dangerous regional consensus on the need to snoop on the internet as seen by the August 2020 SADC Summit resolution on the same. Further, the fake news regulations which started with South Africa triggered similar laws in Botswana, Zambia, Eswatini and Namibia, among others.</li>
<li>Southern African elections &amp; the media 
Countries such as Angola, Madagascar, Mauritius, South Africa and Zambia are holding elections this year. These are either, local, municipalities, parliamentary and/or presidential in the case of Zambia, the elections are combined. These are high stakes processes, where the media and the internet are vulnerable. Hence, the need for the Commission to keep its eyes and ears on the ground.</li>
<li>Laws that violated the commission’s guidelines 
Zimbabwe is revising its Broadcasting Services Act and other laws. It is also proposing new laws such as the Patriotic Bill, while there are attempts to mutilate the constitution through Constitutional Amendment No.2 (27 amendments). Zambia has also come up with a cybercrimes law and is proposing new media regulations. Botswana is also going through the same process. These laws should meet the threshold of the benchmarks set by the Commission.</li>
</ol>
MISA Zimbabwe remains open to constructive engagement with the Governments of Southern Africa through the Southern African Development Community secretariat.
We, however, urge the ACHPR to encourage the Governments of SADC to:</blockquote>
<ul>
<li>
<blockquote>Take all measures necessary to guarantee the safety and security of journalists.</blockquote>
</li>
<li>
<blockquote>Ensure that the cybersecurity regulation is informed by the revised principles of the ACHPR Declaration on Freedom of Expression and Access to Information which recognises the internet as a right.</blockquote>
</li>
<li>
<blockquote>Ensure that media is free and secure to ensure that media can play a role in promoting sustainable growth and regional integration.</blockquote>
</li>
<li>
<blockquote>Take a stand against SADC countries that have promulgated laws that have the effect of impeding on the right to privacy and the right to freedom of expression.</blockquote>
</li>
<li>
<blockquote>Take a stand against the SADC Heads of State resolution to tighten control and stranglehold on social media and online expression.</blockquote>
</li>
<li>
<blockquote>Demand for roadmap upon which countries that enacted repressive legislation during the outbreak of the pandemic would review and repeal the laws.</blockquote>
</li>
</ul>

MISA Zimbabwe's Statement On Human Rights In Southern Africa

The Media Institute of Southern Africa (MISA) Zimbabwe whose work focuses on promoting, and advocating for, the unhindered enjoyment of freedom of expression, access to information and a free, independent, diverse and pluralistic media has urged the government to include journalists among the first people to receive the COVID-19 vaccine. Below is their statement.
<blockquote>MISA Zimbabwe calls upon the government to prioritise and also include journalists among the first priority groups listed for the COVID-19 vaccination rollout programme.
Our request is informed by the fact that the media was declared an essential service in terms of Zimbabwe’s COVID-19 regulations.
Journalists, together with other essential priority groups, are frontline workers that need to be prioritised as well given the critical role they play in keeping the nation informed on developments and measures the government is taking to contain the COVID-19 pandemic.
In any case, the media, by virtue of its fundamental and normative role of informing and educating, is key to the coverage of the immunisation rollout.
The media can, therefore, not be left out for later consideration as journalists will be reporting from the frontline as the country rolls out immunisation of the essential groups identified to receive the first jabs.
The government can work closely with the Zimbabwe Media Commission, media houses and media representative organisations on how best to implement the immunisation for journalists as they are a critical component of the sectors and groups that have been declared essential services.
Journalists are frontline workers that risk their lives as they collect and disseminate information hence the need to prioritise their health and safety.
Lessons can be drawn from Zambia, which through its Ministry of Health, recently announced that journalists would be among the first recipients of the COVID-19 vaccines when they arrive in that country.</blockquote>

MISA Zimbabwe: Include Journalists In COVID-19 Priority List

The Media Institute of Southern Africa (MISA) Zimbabwe has reported that a NewsDay reporter, Kenneth Nyangani was harassed by ZANU PF supporters this Tuesday, 8 December 2020 while covering demonstrations by disgruntled party supporters in Mutare. We present MISA Zimbabwe’s statement below.
<blockquote>NewsDay correspondent Kenneth Nyangani was on 8 December 2020 reportedly manhandled at the Zanu PF provincial headquarters in the eastern border town of Mutare while covering demonstrations by some disgruntled party supporters.
The Zanu PF supporters were reportedly demonstrating over the handling of the party’s district co-ordinating committee (DCC) elections.
His phone was briefly confiscated and the battery removed. Nyangani, was, however, rescued by other party supporters, resulting in his phone being returned to him.
Nyangani confirmed the incident: “While I was covering the event, they took my phone and asked me to delete pictures. They then took away the phone saying they wanted to make sure the pictures are deleted. They removed the phone battery,” he said
<h4>MISA Zimbabwe Position</h4>
Journalists have a right to do their work as guaranteed by the constitution and without any unlawful hindrances. MISA Zimbabwe, therefore, urges political parties to educate their supporters on media rights as provided for in the Constitution.
Journalists should also exercise extreme caution when covering potentially hostile situations for their own safety and security.</blockquote>

FULL TEXT: ZANU PF Supporters Manhandle Journalist

MISA Zimbabwe has expressed concern over the proposed <a href="https://www.sundaymail.co.zw/new-law-to-criminalise-unpatriotic-acts" rel="noopener noreferrer" target="_blank">Patriotic Bill</a> which it says was influenced by the #ZimbabweanLivesMatter campaign, which was centred on demanding respect for human rights in Zimbabwe. The Patriotic Bill, according to government officials, is meant to <a href="https://www.sundaynews.co.zw/campaigning-against-own-country-to-be-criminalised/">criminalise campaigning against one’s own country.</a> The Principles for the Patriot Bill have already been drafted and that the Ministry of Justice, Legal and Parliamentary Affairs,  is expected to table them in Parliament. The proposed law will criminalise and impose stiff penalties for private correspondence by what was termed as ‘self-serving citizens’, with foreign governments or any officer or agent. Below is MISA Zimbabwe’s position on the Bill.
<blockquote>MISA Zimbabwe is greatly concerned by this proposed law which has the potential of curtailing the exercise of rights such as media freedom and freedom of expression, right to privacy,  access to information, freedom of conscience, political rights, freedom to demonstrate and petition,  and freedom of assembly and association.
Of equal concern is that this law will potentially cripple the work and mandate of non-governmental organisations that also work with foreign governments, embassies or similar organisations in foreign countries, among others.
It should be noted that in exercising freedom of expression, it is lawful for citizens to:
<ul>
<li>Demand the prosecution of perpetrators of gross human rights violations.</li>
<li>Request information with regards to the investigation and prosecution of police officers involved in media violations.</li>
<li>Demand accountability with regards to abductions purported to have been state-sponsored</li>
<li>Demand prosecution of high ranking officials alleged to have engaged in corrupt activities.</li>
<li>Demand equal application of the law in Zimbabwe.</li>
</ul>
The above is centred on the exercise and enjoyment of fundamental rights for the betterment of Zimbabwe, which any patriotic citizen would be keen to support.
When citizens exercise their constitutional rights for purposes of transparency and accountability, such conduct should not be perceived as attacks on the government, the ruling party or any specific individuals.
In that regard, Zimbabwe should embrace the exercise of freedom of expression in its diverse forms.
Putting in place such a law will severely infringe the right to privacy as it creates further avenues for surveillance, tracking of internet usage and accessing of private communication records. Any mass and indiscriminate surveillance of citizens is unconstitutional and should not be sanitised through any piece of legislation.
Even in the United States where a similar law was enacted, several concerns were raised on its provisions and enforcement.
In defence of the US Bill of Rights in the case of West Virginia State Board of Education v Barnette, Justice Jackson highlighted that:
If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act or faith therein.
In other words, the love, devotion and strong support for one’s country should not be forced on citizens through legislation. Neither should honesty about one’s country’s shortcomings be considered to be unpatriotic or campaigning against one’s own country.
This frowns upon the basic tenets of democracy and respect for fundamental rights.</blockquote>
More: <a href="https://zimbabwe.misa.org/2020/10/14/zimbabwes-looming-patriot-bill-cause-for-great-concern/" rel="noopener noreferrer" target="_blank">MISA Zimbabwe</a>

MISA Zimbabwe Concerned By The Patriotic Bill

<header class="entry-header">
<blockquote>
Media Institute of Southern Africa (MISA) Zimbabwe has raised concerns over the media freedom in Tanzania following a ban on covering of foreign media outlets.
</blockquote>
</header>
<div class="entry-content">
<blockquote>Such a move by the government is to affect partner broadcasters of several international media outlets.
The Tanzanian government recently issued strict laws on local media houses, banning them from covering content from foreign media houses, requiring them to seek permission from government first.
Further imposing that local media houses should apply for a separate license, which will allow them to broadcast content from foreign media.
The ban came a few weeks after social media protests were banned in the country.
In a statement on Wednesday MISA noted that the move clamps down on freedom of expression and media freedom.
“ A disturbing trend is developing in Tanzania, where media freedom is continuously on the decline, with authorities coming up with arbitrary regulations to curtail the operations of the press.”
“This is probably meant to give the incumbent, President John Magufuli an advantage in the forthcoming elections, but it will also do irreparable harm to Tanzania’s democracy credentials,” MISA said.
According to MISA Tanzania is set to hold elections in October and this ban could be an instrument to infringe media freedom and coverage.
“Tanzania is due to hold elections in October and this latest directive could be designed to muzzle free media and also ensure that the opposition does not receive due media coverage.”
“It is critical that towards, during and after elections, the media is allowed to operate freely while the opposition also gets coverage to enable voters to make informed decisions and choices.”
Media freedom has since been limited across the continent, with infringing media laws limiting media freedom, freedom of expression particularly in Zimbabwe, with the existence of laws like the recent freedom of information bill.</blockquote>
</div>

FULL TEXT: MISA Zimbabwe Raise Concerns Over Media Freedom In Tanzania

<blockquote>MISA ZIMBABWE STATEMENT TO THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS AGENDA ITEM NO.8 ON THE RIGHT TO FREEDOM OF EXPRESSION IN ZIMBABWE PRESENTED AT THE 66th ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS.
Chairperson, Honourable Commissioners, state delegates, ladies and gentlemen, the Media Institute of Southern Africa Zimbabwe Chapter (MISA Zimbabwe) presents this statement during the 66th Session of the African Commission on Human and Peoples’ Rights (ACHPR).
The right to freedom of expression continues to be under attack in Zimbabwe. Of particular concern are the following violations:
<ol>
<li>Attacks on the media and safety of journalists: MISA Zimbabwe makes this submission as the country witnesses an upsurge in the number of journalists being attacked, harassed, intimidated, assaulted and detained. As we speak Journalist Hopewell Chin’ono is in detention for daring to perform his journalistic duties. Since the beginning of the lockdown on 1 April 2020, to date, we have recorded 24 violations involving the police and uniformed forces.</li>
<li>Attempts to mutilate the Constitution: Instead of aligning the media and expression laws to the Constitution, the Harare administration is in the process of sponsoring a crusade of amendments through the Constitution Amendment No. 2 Bill, which proposes to amend the Constitution in 27 provisions. This will put the constitutional alignment process into disarray.</li>
<li>Façade of liberalisation of the airwaves: Zimbabwe has advertised for the application for private television; community radios and campus radio licences. The fees set for community radio broadcasting are steep ($2,000) in the context of statutory application procedures alone. The Broadcasting Services Amendment Bill outlaws’ donations for the establishment of community radios and limits foreign direct investment to 20%. Given the capital-intensive nature of the industry and the exorbitant licensing fees, the elite with their deep pockets will most likely continue dominating the industry. It is MISA Zimbabwe’s well-considered view that it is literally impossible, in our current economic environment, to raise investment capital for broadcasting without stimulus support from the investment markets. Presently, the broadcasting industry is owned and controlled by the ruling elite at national and provincial commercial levels. It is therefore very likely that the very same voices already dominating the industry, are going to diversify into the television services industry while the rest of prospective broadcasters are crippled by the law from accessing foreign direct investment in addition to the exorbitant fees. Hence the justification and attempts by the government to license its own community radios.</li>
<li>Undemocratic governance of the internet: Zimbabwe is in the process of law-making for the regulation of cybersecurity and data protection which entrenches mass surveillance of citizens. It consolidates a securocratic approach towards internet governance as opposed to a pro-human rights approach in the regulation of the internet as provided for by the revised ACHPR Declaration of Freedom of Expression and Access to information. The Bill is a threat to the right to privacy as outlined under Section 57 of the Constitution.</li>
</ol>
<ol start="5">
<li>Unfinished business of law reform: The enactment of the Freedom of Information Act, with its challenges and shortfalls, gives an impression that the archaic (Access to Information and Protection of Privacy Act (AIPPA), has been repealed. There are still two outstanding bills that deal with regulation and privacy that are still to be concluded. The Broadcasting Services Amendment Bill in its current state violates all the ACHPR instruments and protocols as set benchmarks.</li>
<li>A holistic approach towards law reforms: Outside the current target laws, there are a myriad of laws that are in violation of the Constitution of Zimbabwe which include, but are not limited to: Interception of Communications Act; Censorship and Entertainment Controls Act; Official Secrets Act; Criminal Law (Codification and Reforms) Act; and a horde of statutory instruments, among others.</li>
</ol>
MISA Zimbabwe remains open to constructive engagement with the Government. We, however, urge the ACHPR to encourage the Government of Zimbabwe to:</blockquote>
<ul>
<li>
<blockquote>Take all measures necessary to guarantee the safety and security of journalists.</blockquote>
</li>
<li>
<blockquote>Take a stand on the quality of law reforms and liberalisation of broadcasting that are guided by regional best practices.</blockquote>
</li>
<li>
<blockquote>Ensure that the Cybersecurity regulation is informed by the revised principles of the ACHPR Declaration on Freedom of Expression and Access to Information which recognises the internet as a right.</blockquote>
</li>
<li>
<blockquote>Take a stand against the ongoing process by the ruling party of mutilating the Constitution, and that Zimbabwe should focus on aligning the repressive laws with the expansive Bill of Rights.</blockquote>
</li>
</ul>

FULL TEXT: MISA Zimbabwe Speaks On Attacks On The Media And Safety Of Journalists

The High Court of Zimbabwe on Monday ordered Zimbabwe Republic Police officers to stop harassing journalists covering COVID-19.
The ruling observed the arrest and assault of Panashe Makufa a reporter was unlawful. Passing the provisional order, High Court judge Justice Manzunzu said:
<blockquote>Police officers and all other law enforcement agencies charged with the duty to implement the Coronavirus related lockdown are interdicted from arresting, detaining or interfering in any unnecessary way with the work of the 2nd applicant (Makufa) and members of 1st applicant (MISA Zimbabwe) purely on the basis that their press cards issued in 2019 have expired.</blockquote>
<img alt="Image" class="css-9pa8cd" decoding="async" draggable="true" src="https://pbs.twimg.com/media/EWDfQ9rWsAACGOT?format=jpg&amp;name=medium"/><img alt="Image" class="css-9pa8cd" decoding="async" draggable="true" src="https://pbs.twimg.com/media/EWDfXEPWkAAq9ur?format=jpg&amp;name=medium"/>
MISA Zimbabwe responded to the development saying:
<blockquote>Misa Zimbabwe hopes that the interim relief order granted by the High Court will bring to an end the unlawful harassment and arrests of journalists which was on the rise, particularly during this lockdown period.
This is a victory for media practitioners and the right to media freedom in Zimbabwe as the court order should go a long way in entrenching the enjoyment of media freedom during the lockdown extension period and beyond.</blockquote>
A number of journalists were arrested and or assaulted during the 21-day national lockdown which was extended on Sunday by further 14 days.
More: <a href="https://zimbabwe.misa.org/2020/04/20/zim-high-court-orders-police-not-to-arrest-journalists/">MISA Zimbabwe</a>

High Court Orders Police To Stop Harassing Journalists Covering COVID-19

Misa Zimbabwe has reported that <a href="https://news.pindula.co.zw/2020/04/02/full-text-journalist-charged-for-contravening-covid-19-national-lockdown-regulations/">Nunurai Jena a freelance journalist who was this week arrested for defying national lockdown regulations</a> has been remanded out custody to 7 May.
We present Misa Zimbabwe’s statement in full below.
<blockquote>Zimbabwean journalist Nunurai Jena was on 3 April 2020 remanded out of custody on free bail to 7 May 2020 when he appeared in court in Chinhoyi charged with disorderly conduct in a public place.
Jena is accused of breaching Section 41 of the Criminal Law (Codification and Reform) Act which deals with disorderly conduct in a public place, which is the main charge.
His lawyer Kudzai Choga confirmed to MISA Zimbabwe that the journalist who was not in custody following his <a href="https://zimbabwe.misa.org/2020/04/02/chinhoyi-journalist-charged-with-disorderly-conduct/">arrest on 2 April 2020</a>, had been remanded out of custody on free bail.
He also faces the alternative charge of contravening Section 11 (a) (b) of the Public Health (COVID-19), Prevention, Containment and Treatment (National Lockdown Order, 2020.
Background
Jena was supposed to appear in court following his <a href="https://zimbabwe.misa.org/2020/04/02/chinhoyi-journalist-charged-with-disorderly-conduct/">arrest on 2 April 2020</a> but failed to make it before the courts closed at 3:00 pm on the same day. He was then released with summons to appear in court on 3 April 2020.</blockquote>

FULL TEXT: "Lockdown-Defying" Journalist Remanded Out Of Custody On Bail To 7 May 2020

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MISA Zimbabwe has issued a statement on the Zimbabwe Media Commission Bill which they say needs some editions. We present MISA’s statement in full below.
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16 Mar 2020
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<blockquote>The Media Alliance of Zimbabwe (MAZ) in conjunction with MISA Zimbabwe welcomes the release of the Parliamentary Portfolio Committee on Information, Media and Broadcasting Services’ report on the Zimbabwe Media Commission Bill, which was presented to Parliament on 10 March 2020.
The Committee’s report is a fair reflection of the <a href="https://zimbabwe.misa.org/wp-content/uploads/sites/13/2020/03/Report-on-the-Parliamentary-Portfolio-Committee-on-Information-Publicity-and-Broadcasting-Services-public-hearings-on-the-Zimbabwe-Media-Commission-Bill.pdf">shadow report compiled and produced by MISA Zimbabwe and MAZ </a>which closely followed proceedings of the public hearings. Submissions made to the Committee by the two organisations were to a large extent duly captured and reflected in the report, as well as the sentiments and democratic aspirations of citizens who attended and made contributions during the hearings.
The report follows the public hearings conducted by the Committee on the Bill between 14-18 October 2019 in Harare, Mutare, Masvingo, Bulawayo and Gweru.
MISA Zimbabwe/MAZ welcome the findings of the Committee but express reservations that the hearings were only conducted in the major cities completely ignoring the views of rural communities who also have the right to be heard on important national developments.
Meanwhile, in its report, the Committee recommends ‘that there should be a clause that creates a co-regulation framework actualised through the Media Council’. This is in line with submissions made by MAZ /MISA Zimbabwe that co-regulation of the media should be incorporated in the Bill.
The position was buttressed in Mutare by academic Alexander Rusero who said there is general agreement on co-regulation as espoused in the Constitution as well as in the findings and recommendations of the government-sanctioned Information and Media Panel of Inquiry report.
Rusero said Section 249 (1) (d) of the Constitution says it is the role of the Zimbabwe Media Commission to encourage the formulation of codes of conduct for persons employed in the media and where such a code exists, to formulate and enforce one.
This implies that the Commission can delegate this role and journalists pointed out that this can be delegated to the Voluntary Media Council of Zimbabwe (VMCZ).
Lawyer Chris Mhike who attended the public hearing meeting in Harare also echoed the same sentiments saying the African Commission on Human and Peoples’ Rights (ACHPR), recognises self-regulation as the most democratic model of promoting media accountability.
The Committee also recommended the setting up of a Zimbabwe Media Fund to address issues of community media development. This is consistent with submissions made by MISA/ MAZ as well as journalists from across the country who agreed that it was necessary to emulate countries such as South Africa and Zambia in this regard.
South Africa, for example, has a Media Development and Diversity Fund whose role is to promote community development initiatives.
The Committee further recommended that the Zimbabwe Media Commission be stripped of powers to investigate the conduct of media practitioners at its own instigation to minimise the possibilities of abuse of the Commission.
The Committee also concurred with citizens who submitted that the independence of the Commission should be guarded by ensuring that the minister’s powers to interfere with its operations are removed. The independence of the Commission is guaranteed by the Constitution and having a minister interfering in its operations undermines its independence.
While the issue of co-regulation was well captured in the Committee’s report, MISA Zimbabwe/MAZ recommends that this should be explicitly spelt out in the preamble of the ZMC Bill that co-regulation will be incorporated in the Bill.
MISA Zimbabwe Communiqué
End//</blockquote>

FULL TEXT: MISA Zimbabwe's Statement On The Zimbabwe Media Commission Bill

The proposed Zimbabwe Media Commission (ZMC) Bill has received huge criticism for certain clauses which seem to impinge upon the rights of journalists when it is supposed to be promoting such.
Speaking during a public hearing at the Parliament of Zimbabwe on the ZMC Bill conducted by the Prince Dubeko Sibanda-led Parliamentary Portfolio Committee on Information and Media on this Friday, media practitioners called for the amendment of “repressive” clauses of the bill. Media lawyer, Chris Mhike said:
<blockquote>Bills are supposed to ensure media reforms and higher standards in reforming media policy. Calling for stiffer penalties on journalists is wrong and we cannot have such laws in a democracy as they are draconian. This is the 21st Century and not the 16th Century and if we criminalise journalism, people will be thrown into prison for minor crimes. The ZMC is not a law enforcement agency; it ought to be there to promote media freedom.</blockquote>
Practitioners also called for the amendment of clauses which give the Minister of Infomation and the ZMC excess powers thereby threatening corporate governance.
They also expressed dissent in the involvement of the police in commissions of inquiry saying this would be tantamount to criminalising journalism.
More: <a href="https://www.newsday.co.zw/2019/10/clip-information-ministers-powers/">News Day</a>

"Calling For Stiffer Penalties On Journalists Is Wrong" - ZMC Bill Criticised

Media Institute of Southern Africa Zimbabwe (Misa) citicised the Zimbabwe Broadcasting Corporation (ZBC-TV) for blacking out part of the live coverage of the commission of inquiry during MDC president Nelson Chamisa and deputy chairperson Tendai Biti’s testimonies earlier this week.
The blackouts did not affect the ZBC live streaming on their Facebook page. Misa said the national broadcaster lacks independence while its governance falls way far, and is politically compromised and lacking full public participation. Said Misa:
<blockquote>Over the years, the monitoring of the public broadcaster by Misa-Zimbabwe and other media freedom lobby groups has indicated its lack of editorial independence, partisan coverage or complete censorship of national events, in violation of the broadcasting law in particular part 1(d) of the Seventh Schedule. It compels ZBC to provide news and public affairs programming — which meets the highest standards of journalism, and which is fair and unbiased and independent from government, commercial or other interests. In its bid to provide broadcasting services, it should ensure full respect for freedom of expression, promote the free flow of information and ideas, assist people to make informed decisions and facilitate and strengthen democracy. ZBC should have, in place, policies to ensure its protection from any form of outside interference or attempts to compromise its independence.</blockquote>
Information Publicity and Broadcasting Services deputy minister Energy Mutodi told Daily News that the Monday blackout was a technical glitch.
More: <a href="https://www.dailynews.co.zw/articles/2018/11/29/misa-blasts-zbc-tv-for-monday-blackout">Daily News</a>

ZBC Blasted For Blacking Out Chamisa And Biti's Motlanthe Commission Testimonies

<blockquote>MISA-Zimbabwe notes with very grave concern the recent attack and threats against the state owned newspaper, The Herald by Zanu PF Political Commissar and Minister of Local Government, Public Works and National Housing Saviour Kasukuwere.
The threats, which were made on 24 March 2017 on the sidelines of, an Agriculture field day held in Mount Darwin, pose serious s risk to the safety and security of journalists.
In a video clip that has gone viral on social media, Minister Kasukuwere is seen charging at and using abusive language towards a reporter from The Herald as he accuses the newspaper of pursuing a factional agenda. He goes further in the same foul language to attack the editor of the publication.
While the media is not immune to criticism, MISA –Zimbabwe would like to categorically put it on record that the language which Minister Kasukuwere is unbefitting of a public official. Furthermore, his abusive statements, particularly against the journalists working for The Herald exceeds the acceptable measure of fair criticism and can be interpreted as bordering on threats to the media even when they are discharging their lawful duties.
While there are grounds to question the ethical and professional conduct of The Herald of late, this does not give politicians the right to threaten the media. Zimbabwe has professional avenues that can be taken to register displeasure on the conduct of the media as a means of upholding, promoting and enforcing good practice and ethics in the Zimbabwean media.
MISA-Zimbabwe urges politicians and other public officials to exercise emotional restraint when they are addressing or interacting with the public mindful of the fact that journalists have the constitutional right to cover events as they unfold without hindrance.
Journalists , like any other citizen, have constitutional rights to personal security. Public officials, on the other hand, are mandated with ensuring that protection as the front liners in upholding the provisions and values of the constitution, the rule of law and fundamental human rights and freedoms. Within this context, Sections 61 and 62, which provide for freedom of expression, media freedom and the rights to access to information also apply. The media should be protected in its quest to ensure a well-informed citizenry.
This however, does not give the media absolute freedom to publish untruths. Journalists should rigorously subject information gathered to the ethical fact checks and balances of the profession. The media should also take necessary steps to retract  any untruths within a fair and reasonable time where they err.
MISA-Zimbabwe therefore urges the Political Commissar or any other person for that matter who feels aggrieved by the media, to approach the Voluntary Media Council of Zimbabwe for redress, without resorting to inciting violence and hatred against the media.</blockquote>
More: <a href="http://www.misazim.com/misa-zimbabwes-position-on-the-attacks-of-the-herald-by-zanu-pf-political-commissar/">MISA Zimbabwe</a>

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