Freedom of the Press, the Zimbabwean Situation Up to 2009

Abstract

The focus of this study was on the nature and operation of laws and regulations that were and are still being used to limit the freedom of the media in Zimbabwe. The focal point of this study was to examine the impact of media laws in Zimbabwe on the freedom of expression of its citizens. The study scrutinised media laws such as Access to Information and Protection of Privacy Act (AIPPA), the Public Order and Security Act (POSA) and the Broadcasting Services Act (BSA). The study focused mainly on the period before the amendment of the constitution ascended in 2013.The underpinning theoretical framework was informed by the Authoritarian, Libertarian and the Social Responsibility schools of thought. Questionnaires and in-depth interviews with selected key informants were the chief methods for data collection. Secondary data such as court cases, newspapers and some documents from organisations such as the UN, African Charter and Southern Africa Development Community (SADC) Protocol on Culture, Information and Sport were also consulted. Qualitative data was analysed using thematic content analysis while tables, graphs and charts which were interpreted and linked with processed qualitative data to come up with emerging trends and resolutions. The study revealed that the government is aware of the shortcomings in the regulations and laws relating to the media, but is not willing to make indisputable and inclusive reforms. These laws are found to be impacting negatively on freedom of expression on citizens especially journalists and their media houses. It was clear from the findings that media houses in Zimbabwe are susceptible to these laws and as a result, some media houses such as Daily news, Tribune and Capital radio have been forced to close. This goes on to validate that the current media in Zimbabwe is not free and are found to be adjacent to global norms such as the SADC Protocol on Culture, Information and Sport, the Universal Declaration of Human Rights Article 19, the African Charter Article 9, and African Convention of Human and Peoples’ Rights (ACHPR) which advocates for freedom of the media and expression. The study concluded that there is no freedom of expression in media legislation as has been witnessed from the findings of the study. The study then recommended crafting of new laws which promote freedom of expression of the citizens of Zimbabwe.

DOI: 10.5901/mjss.2014.v5n27p1543