Download - Media Institute of Southern Africa

REGIONAL OVERVIEW
State of the media in Southern Africa 2002
During 2002 the private media in Zimbabwe was forced to operate in the
most restrictive legislative environment since independence. The Public Order
and Security Act (POSA) was enacted in January and marked the commencement
of a determined assault on constitutional freedoms of speech and
association.
Amongst other provisions it criminalises reports undermining the authority of
the President and publication of false statements prejudicial to the State.
The enactment of the Access to Information and Protection of Privacy Act
(AIPPA) in mid-March 2002 dealt the greatest blow to freedom of speech and
press freedom. The Act creates an all-powerful government-appointed Media
and Information Commission (MIC), which is non-representative of diverse
journalistic interests. The MIC has quasi-judicial and investigative powers, which
usurp the function of the courts and the police respectively, and which allow it
to unjustifiably and unconstitutionally intrude in the affairs of media houses
and professionals.
In terms of AIPPA, accreditation of journalists and registration of media houses
is mandatory for the practice of journalism, and the spectrum of those affected
is so wide that it may encompass advertisers, publishers, non-governmental
organisations (NGOs) and web-related industries. Foreign ownership of the
media is outlawed and foreign correspondents are only permitted to register for
“a limited period”. Finally, the provisions and penalties relating to false news
and abuse of “journalistic privilege” are harsher than those found unconstitutional
by the Supreme Court under the since-repealed Law and Order (Maintenance)
Act.
The enforcement of these two Acts have greatly contributed to the increased
assault on the private media and the denial of freedom of expression and it has
further impeded the free flow of information to the public inside and outside
Zimbabwe.
In South Africa, hailed as a model for the rest for the region, tension arose when
parliament announced that it would relocate the current press gallery outside
parliament. The media saw the move as an attempt to make parliament inaccessible.
Furthermore, the publication of the Broadcasting Amendment Bill raised
serious concerns over the government’s attempt to compromise the independence
of the South African Broadcasting Corporation (SABC) News.
However, good news came in October last year with the announcement of a
last-minute amendment to the controversial Broadcasting Amendment Bill
which stated that the SABC board would fall under the control of the Independent
Communications Authority of South Africa (ICASA) and not the
Minister of Communications as originally proposed.
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