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New Spy Law Further Restricts Press Freedom in Zimbabwe

 

President Robert Mugabe of Zimbabwe in August signed the Interception of Communications Bill into law In the Southern African nation, thus further restricting political freedoms, economic independence and human rights, including the right to freedom of expression and media freedom. The enactment of this law, among several other anti-media laws in operation in the country, continues to push the country further into a state of anarchy.

 

The Chief Secretary to the President and Cabinet Misheck Sibanda announced in a general notice issued in the Government Gazette of 3 August 2007 that President Robert Mugabe has signed the Interception of Communications Bill into law.

 

The Act makes the interception and monitoring of communications in the course of their transmission through a telecommunications, postal or any other related service or system in Zimbabwe lawful and provides for the establishment of a monitoring centre.

 

It gives the Chief of Defence Intelligence, the Director-General of the Central Intelligence Organisation, the Commissioner of Police, and the Commissioner General of the Zimbabwe Revenue Authority or any of their nominees the power to apply for an interception warrant, which will be issued by the Minister of Transport and Communications.

 

Telecommunication firms, including Internet Service Providers (ISPs) are required to install systems that are "technically capable of supporting lawful interception at all times." ISPs will not have long to comply with this law as the Act clearly states that regulations to this effect will be issued within two months of the commencement of this Act.

 

There are several other operative laws in the country that restrict the right of freedom of expression and press freedom.

 

In February 2002 the country’s access to information law called “Access to Information and Protection of Privacy Act” (AIPPA) was signed by President Mugabe.

 

The provisions of the AIPPA are inconsistent with international laws and standards on freedom of expression and especially the principles of freedom of access to information. Contrary to its name, the AIPPA, rather than guarantee access to information or protect privacy, actually protects the government from scrutiny by restricting access to information held by public bodies. It penalizes public and media inquiry into government’s actions.

 

The law gives government extensive powers to control the media and suppress the right to freedom of expression and media freedom and independence. It requires the registration of journalists and prohibits the "abuse of free expression."

 

The Act also created a Media and Information Commission which has mostly been functioning to restrict freedom of expression

 

It has subsequently been used to close down independent media, arrest several journalists and prevent foreign journalists from working in Zimbabwe.

 

In June 2005, the Criminal (Codification and Reform) Act was passed which further narrowed the space within which journalists could operate.

 

The Act criminalises reporting on certain stories and introduced harsher penalties than those provided for under the Public Order and Security Act (POSA) and the Access Act. A Zimbabwean journalist who falls foul of this law risks 20 years jail term

 

The Official Secrets Act also sets strict limits on the disclosure of government information without permission. Like the AIPPA, it also is used abusively.

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