(MISA/IFEX) – On Thursday 10 January 2002, the Zimbabwean Parliament passed the Public Order and Security Bill, which contains repressive provisions on the operations of the media. The bill was passed after a vote was taken, pitting the ruling Zimbabwe African National Union – Patriotic Front (ZANU-PF) party against the opposition Movement for Democratic Change […]
(MISA/IFEX) – On Thursday 10 January 2002, the Zimbabwean Parliament passed the Public Order and Security Bill, which contains repressive provisions on the operations of the media. The bill was passed after a vote was taken, pitting the ruling Zimbabwe African National Union – Patriotic Front (ZANU-PF) party against the opposition Movement for Democratic Change (MDC). MDC members of parliament opposed the bill but lost the vote.
The bill now awaits President Robert Mugabe’s signature before it is put into effect. Parliament bulldozed the controversial bill despite wide protest by civic organisations and the international community.
Specific clauses of the act that stifle freedom of expression, speech and that of the media include Clause 15, which makes it a criminal offence to publish or communicate false statements prejudicial to the state. Under this clause, a person may be fined or imprisoned for up to five years for publishing a false statement likely to promote public disorder, or undermining public confidence in the police, armed forces or prison officers.
Clause 16 makes it an offence to make a public statement with the intention to, or knowing there is a risk of “undermining the authority of or insulting” the president. This includes statements likely to engender feelings of hostility towards the president, cause “hatred, contempt or ridicule” of the president, or any “abusive indecent, obscene or false statement” about him personally or his office.
Clauses 23 to 31 regulate the organisation and conduct of public gatherings. A senior police officer will be the regulating authority and has powers to disperse people, ban a meeting and use reasonable force if necessary to achieve his/her goals.
The Public Order and Security Act, combined with the Access to Information and Protection of Privacy Bill, to be debated next week, will result in the most repressive media laws in Zimbabwe. However, journalists in Zimbabwe have taken a position not to honour the laws and take the government to court in the event the bill is passed next week.
ANNEX
The Zimbabwe chapter of MISA (MISA-Zimbabwe) placed the following advertisement in daily newspapers as part of their public awareness and advocacy campaign:
SILENCING THE PEOPLE
PUBLIC ORDER AND SECURITY ACT VIOLATES FREEDOM OF SPEECH, EXPRESSION AND RIGHTS OF JOURNALISTS AND ZIMBABWEANS
The Media Institute of Southern Africa-Zimbabwe Chapter (MISA-Zimbabwe) expresses its deep reservations and outright disapproval over some sections of the Public Order and Security Bill that was passed by Parliament on 10 January 2002.
The Act contains sections that seriously impinge on the rights of Zimbabweans in terms of freedom of speech, expression and media rights. Journalists, for example, will not be able to report on the activities of our leaders. Members of the public will need clearance from the police to hold meetings on any business.
The normal life and democracy ushered in at independence in 1980 is threatened by this Act.
Clause 15 of the Act makes it a criminal offence to publish or communicate false statements prejudicial to the state. A person may be fined or imprisoned up to five years for publishing a false statement likely to promote public disorder, or undermining public confidence in the police, armed forces or prison officers.
Clause 16 makes it an offence to make a public statement with the intention to, or knowing there is a risk of “Undermining the authority of or insulting” the President. This includes statements likely to engender feelings of hostility towards the President, cause “hatred, contempt or ridicule” of the President, or any “abusive indecent, obscene or false statement” about him personally or his office.
Clauses 23 to 31 regulate the organisation and conduct of public gatherings. A senior police officer will be the regulating authority and has powers to disperse people, ban a meeting and use reasonable force if necessary to achieve his/her goals.
The position of MISA-Zimbabwe is that:
The new law gives too much power to the police. Besides maintaining law and order, by detecting and arresting criminals police can now tell us when to and not to meet for personal business even if we are not committing any crime.
There is no need for special laws to protect the President, his honour or dignity. The new law gives protection to public figures that is not available to the rest of Zimbabweans. This means that public figures are now protected even from heinous deeds and they have their own laws that do not apply to the rest of us.
Having sought public office, public officials, be it the President or Members of Parliament, become servants of the people, not its masters. The law makes public officials masters of the people of Zimbabwe by making it a criminal offence for journalists to report the shortcomings of our leaders.
The law provides that the leaders themselves will determine and decide how and when they feel that they have been “offended”, “insulted” or when their dignity and reputation is undermined. This means that journalists can be arrested for reporting on any kind of wrongdoing by a public official.
The shielding of public officials from scrutiny violates the notion of transparency and accountability, which must underline the conduct of all state business. The law is therefore meant to stifle all Zimbabweans. Government business, which must be subject to controls and participation by the rest of Zimbabweans, is now a preserve of the leaders.
It is the position of MISA-Zimbabwe that the ultimate objective of a free media is to provide a healthy check on centers of power (public and private) in order to maintain a free and enlightened Zimbabwe. People usually talk of a free media in line with democracy, meaning that a free media is the cornerstone of democracy. Actions of government, which is only the trustee of the collective will of the people, are expected to be regulated by the force of public opinion. Newspapers, television, radio, magazines and public meetings are important tools for gauging and reflecting public opinion. The important task of informing the public cannot be entrusted to the rulers for they will only tell the people what they want them to know and not the rest. Unfortunately, the Public Order and Security Bill will silence Zimbabweans.
MISA-Zimbabwe therefore calls upon the Parliament to revisit the whole Act, so that the freedoms Zimbabweans fought for are maintained and preserved for the good of the nation.
