The Relationship Between Media and Politics
MEMORANDUM on The Zimbabwean Access to Information and Privacy Bill by ARTICLE 19 Global Campaign for Free Expression London January, 2002
Introduction
The Access to Information and Privacy Bill, 2001 (Media Bill) is currently being considered by the Zimbabwean Parliament. Passage of this Bill, which is part of a series of restrictive measures proposed by the Government, was recently delayed when the parliamentary legal committee failed to report on it in advance of the second reading, as required by the Constitution of Zimbabwe. This Bill, if passed into law, would severely restrict freedom of expression in Zimbabwe. The timing of the Media Bill, just prior to the presidential elections scheduled for March of this year, makes ARTICLE 19’s concerns about it all the more poignant, given the crucial importance of freedom of expression to free and fair elections. As the name of the Media Bill implies, it does formally establish a right to access information held by public bodies, something ARTICLE 19 welcomes. However, this right is so limited by exclusions and exceptions that its practical impact is likely to be extremely limited. The Media Bill does also impose limits on the collection of personal information by public bodies and the uses to which such bodies may put this information, again something we welcome. However, the bulk of the provisions in the Media Bill have nothing to do with access to information or privacy. Instead, they impose a range of harsh restrictions on media freedom. This gives the impression that the name and information/privacy provisions have been included simply to draw attention away from the real import of the Media Bill. Key problems with the Media Bill are as follows:
the exceptions and exclusions to the right to information are so comprehensive as to effectively negate the right; all media outlets and any business disseminating media products or even video or audio recordings must obtain a registration certificate from a
Introduction
The Access to Information and Privacy Bill, 2001 (Media Bill) is currently being considered by the Zimbabwean Parliament. Passage of this Bill, which is part of a series of restrictive measures proposed by the Government, was recently delayed when the parliamentary legal committee failed to report on it in advance of the second reading, as required by the Constitution of Zimbabwe. This Bill, if passed into law, would severely restrict freedom of expression in Zimbabwe. The timing of the Media Bill, just prior to the presidential elections scheduled for March of this year, makes ARTICLE 19’s concerns about it all the more poignant, given the crucial importance of freedom of expression to free and fair elections. As the name of the Media Bill implies, it does formally establish a right to access information held by public bodies, something ARTICLE 19 welcomes. However, this right is so limited by exclusions and exceptions that its practical impact is likely to be extremely limited. The Media Bill does also impose limits on the collection of personal information by public bodies and the uses to which such bodies may put this information, again something we welcome. However, the bulk of the provisions in the Media Bill have nothing to do with access to information or privacy. Instead, they impose a range of harsh restrictions on media freedom. This gives the impression that the name and information/privacy provisions have been included simply to draw attention away from the real import of the Media Bill. Key problems with the Media Bill are as follows:
the exceptions and exclusions to the right to information are so comprehensive as to effectively negate the right; all media outlets and any business disseminating media products or even video or audio recordings must obtain a registration certificate from a