Opinion / Columnist
Why Zimbabwe should abolish criminal defamation laws
18 Nov 2011 at 18:13hrs | Views
The order by Zimbabwean Police to Nevanji Madanhire, the Editor of The Standard newspaper and reporter Nqaba Matshazi to report at Harare Central on Friday over an alleged criminal defamation charge just two days after they were arrested and bailed on a similar charge is deplorable.
Zimbabwe is witnessing a new phase in the abuse of defamation laws to settle political scores against the independent media and to silence coverage of corruption cases ahead of elections in 2012 or whenever they will be held.
According to ARTICLE 19 which campaigns for freedom of expression and information worldwide, criminal defamation laws are especially problematic from the point of view of free expression.
These laws can lead to the imposition of harsh sanctions, such as a prison sentence, suspension of the right to practise journalism or a hefty fine. For instance on 16 June 2000, three Standard journalists were convicted on charges of criminal defamation and fined Z$18,000 (US$473.68) a lot of money those days.
In April 2001, former Daily News editor Geoffrey Nyarota and two of his reporters, Nyaira and Zava, were charged with criminal defamation.
Even if these laws applied with moderation, criminal defamation laws still cast a long shadow: the possibility of being arrested by the police, held in detention and subjected to a criminal trial is stressful for a journalist when deciding to expose, for instance a case of high-level corruption.
Research conducted by ARTICLE 19 on the statutes on defamation and insult in SADC countries revealed that the use of these laws has increased in some countries over the recent years – "especially in countries facing political crisis or civil conflict" like Zimbabwe.
From the assessment of some of the laws and practice governing defamation and insult in all SADC countries, ARTICLE 19 noted with concern that the provisions under which journalists are often charged were in violation of fundamental rights recognised by international standards on freedom of expression.
In its view, the imposition of custodial penalties for defamation, and the special protection afforded to senior public officials against defamation or insult, are unnecessary and prevent debate on matters of public interest.
"These laws should be repealed to allow free flow of information and ideas in SADC," ARTICLE 19 said in its research report.
Similarly, international bodies such as the United Nations and the Organisation for Security and Cooperation in Europe (OSCE) have recognised the threat posed by criminal defamation laws and have recommended that they should be abolished.
As if Zimbabwe did not have enough oppressive laws, the Access to Information and Protection of Privacy Act (AIPPA) and Public Order and Security Act 2002 (POSA) the latter of which imposes editorial control on the media were enacted.
Described by MISA as the leading weapon of the government and Zanu-PF in their ongoing campaign to stifle independent media reporting in Zimbabwe, AIPPA was crafted by the then information minister Jonathan Moyo.
It is therefore critical that civil society bodies in Zimbabwe vigorously campaign for the abolition of Zimbabwe's criminal defamation laws like POSA, AIPPA and others, if they treasure freedom of expression, of course with responsibility.
Car stickers inscribed: "Repeal POSA and AIPPA Now" should clearly send a message home.
Clifford Chitupa Mashiri, Political Analyst, London, zimanalysis2009@gmail.com
Zimbabwe is witnessing a new phase in the abuse of defamation laws to settle political scores against the independent media and to silence coverage of corruption cases ahead of elections in 2012 or whenever they will be held.
According to ARTICLE 19 which campaigns for freedom of expression and information worldwide, criminal defamation laws are especially problematic from the point of view of free expression.
These laws can lead to the imposition of harsh sanctions, such as a prison sentence, suspension of the right to practise journalism or a hefty fine. For instance on 16 June 2000, three Standard journalists were convicted on charges of criminal defamation and fined Z$18,000 (US$473.68) a lot of money those days.
In April 2001, former Daily News editor Geoffrey Nyarota and two of his reporters, Nyaira and Zava, were charged with criminal defamation.
Even if these laws applied with moderation, criminal defamation laws still cast a long shadow: the possibility of being arrested by the police, held in detention and subjected to a criminal trial is stressful for a journalist when deciding to expose, for instance a case of high-level corruption.
Research conducted by ARTICLE 19 on the statutes on defamation and insult in SADC countries revealed that the use of these laws has increased in some countries over the recent years – "especially in countries facing political crisis or civil conflict" like Zimbabwe.
From the assessment of some of the laws and practice governing defamation and insult in all SADC countries, ARTICLE 19 noted with concern that the provisions under which journalists are often charged were in violation of fundamental rights recognised by international standards on freedom of expression.
In its view, the imposition of custodial penalties for defamation, and the special protection afforded to senior public officials against defamation or insult, are unnecessary and prevent debate on matters of public interest.
"These laws should be repealed to allow free flow of information and ideas in SADC," ARTICLE 19 said in its research report.
Similarly, international bodies such as the United Nations and the Organisation for Security and Cooperation in Europe (OSCE) have recognised the threat posed by criminal defamation laws and have recommended that they should be abolished.
As if Zimbabwe did not have enough oppressive laws, the Access to Information and Protection of Privacy Act (AIPPA) and Public Order and Security Act 2002 (POSA) the latter of which imposes editorial control on the media were enacted.
Described by MISA as the leading weapon of the government and Zanu-PF in their ongoing campaign to stifle independent media reporting in Zimbabwe, AIPPA was crafted by the then information minister Jonathan Moyo.
It is therefore critical that civil society bodies in Zimbabwe vigorously campaign for the abolition of Zimbabwe's criminal defamation laws like POSA, AIPPA and others, if they treasure freedom of expression, of course with responsibility.
Car stickers inscribed: "Repeal POSA and AIPPA Now" should clearly send a message home.
Clifford Chitupa Mashiri, Political Analyst, London, zimanalysis2009@gmail.com
Source - Clifford Chitupa Mashiri
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