While it is highly likely that the majority will vote “Yes”, considering that the three major parties to the Global Political Agreement—MDC-T, Zanu (PF) and MDC-N—have agreed on its content, the document has not been adequately filtered to people in the street and in the villages of our country.
In order for them to make an informed decision at the referendum, it is vital that people be educated on what the referendum says. This week, we focus on provisions regarding the media.
The draft constitution guarantees the right to freedom of expression for everyone. This includes:
• Freedom to seek, receive and communicate ideas regardless of frontiers
• Freedom of artistic expression and scientific research and creativity
• Freedom of the press and other mediums of communication
Freedom of the press and other forms of communication includes protection of confidentiality of news sources.
The draft constitution stipulates that the state shall not exercise control over or interfere with anyone engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium.
It says that the state shall not penalise anyone for any opinion or view or the content of any broadcast publication or dissemination.
The COPAC draft highlights that broadcast and other electronic media have freedom of establishment subject only to licensing procedures that are necessary to regulate the airwaves.
It stipulates that broadcasting and other electronic media should be independent of control by government or by political or commercial interests, while at the same time maintaining impartiality in conducting their duties.
It also says freedom of expression should not include incitement of violence, advocacy of hatred as well as stimulation of discrimination or hostility. The media and all Zimbabweans are entitled to access information from public institutions.
The COPAC draft provides for the establishment of a Media Commission consisting of a Chairperson and five other members appointed by the President subject to the approval of Parliament.
The functions of the Media Commission include promoting and developing freedom of the press and other media of communication as well as to regulate broadcasting in the public interest and “in particular, to ensure fairness and diversity of views broadly representing Zimbabwean society”.
The Commission will work towards ensuring that journalists develop codes of conduct while encouraging self-regulation of the press and other media of communication “in preference to control by the state or any other agency of the state”.
However, the Commission has the legal right to discipline media practitioners who transgress laws or codes of conduct applicable to the body.
Post published in: News