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. |