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Free speech and media violations in the ongoing electoral period
Zimbabwe Lawyers for Human Rights (ZLHR)
March 04, 2008

Zimbabwe Lawyers for Human Rights (ZLHR) notes with trepidation the recent conduct of the public media in relation to informing the public about the upcoming elections. The public media (print and electronic) has over the last few weeks shown a dissatisfactory and unlawful bias in favour of the candidates and activities of the ruling party ZANU-PF.

It is disturbing to note incidents in which the national broadcaster, whilst purporting to be providing news items to the public, has essentially been flighting free advertisements for the ruling party. An example occurred where the Zimbabwe Broadcasting Corporation (ZBC) carried in a radio news story an announcement to the ZANU-PF leadership in Masvingo Province, advising them where to find transport that would bring them to Harare for the launch of the ruling party's manifesto.¹

The public media has given up to 10 times more airtime to the ruling party than to all other opposition candidates combined. A large portion of the news bulletins have covered named ruling party candidates and shown them addressing constituents on ruling party promises or making disparaging remarks about political opponents, but no coverage has been given to opposition candidates or parties. In a prime time news bulletin on national television on 3 March 2008, ruling party candidates in several constituencies were shown or named, whilst opposition candidates in the same constituencies remained unidentified. Similarly, the public media has chosen to provide information only about the manifesto recently launched by the ruling party, whilst blocking all information and debate relating to the manifestoes of opposition parties contesting in the elections. Serious propaganda peddling - essentially electioneering - during President Mugabe's 84th birthday celebrations has also been notable.

In many a case the little coverage being given to other parties by the public media is opinionated and negative, and is meant to present them as disjointed. Examples include an item which served the sole purpose of blaming the economic hardships on one of the opposition parties.² These are only a few examples of unacceptable conduct by state-controlled media that has long been prevalent.

Also worrisome is the piecemeal coverage currently being given to administrative electoral matters and the absence of any effort to report cases of politically motivated violence and electoral malpractice, especially those involving ruling party members or supporters as the alleged perpetrators.

The bias of the ZBC in its news bulletins and the state-controlled print media is in clear contravention of the Zimbabwe Electoral Commission Act [Chapter 2:12] (No. 22 of 2004), as amended by the Electoral Laws Amendment Act, 2007 which requires in section 16F that:

During an election period broadcasters and print publishers shall ensure that:

• all political parties and candidates are treated equitably in their news media, in regard to the extent, timing and prominence of the coverage accorded to them;
• reports on the election in their news media are factually accurate, complete and fair;
• a clear distinction is made in their news media between factual reporting on the election and editorial comment on it
• inaccuracies in reports on the election in their news media are rectified without delay and with due prominence;
• political parties and candidates are afforded a reasonable right of reply to any allegations made in their news media that are claimed by the political parties or candidates concerned to be false;
• their news media do not promote political parties or candidates that encourage violence or hatred against any class of persons in Zimbabwe;
• their news media avoid language that:

1. encourages racial, ethnic or religious prejudice or hatred; or
2. encourages or incites violence; or
3. is likely to lead to undue public contempt towards any political party, candidate or class of person in Zimbabwe.

Further, it is the duty of the Zimbabwe Electoral Commission (ZEC) under section 16G to ensure fair media coverage for all political parties and candidates. It is clear that, to date, this function is not being carried out. ZLHR notes the announcement by the Zimbabwe Election Commission that it will introduce a code of conduct to promote fair and equitable media coverage of next month's national elections³ and that ZEC has intimated that it is working on regulations for the media, but this action should have been completed before the election period commenced if it was not to have an adverse effect on conditions for free and fair elections.

It is especially pertinent that the public broadcaster, in respect of which the people pay tax, gives the citizenry the opportunity to make their own decisions as to their representatives by giving clear and equitable publicity to all candidates and by providing a wide range of information to voters in arriving at an informed choice. This is in terms, not only of national legislation, but also the SADC Principles and Guidelines Governing Democratic Elections ("the SADC Principles") to which the state of Zimbabwe has agreed to adhere, but which it is continuing to violate with impunity.

ZLHR further deplores the punitive registration fees prescribed by government on journalists wishing to cover the elections as well as the banning last week of senior journalist, Brian Hungwe, by the Media and Information Commission, which no longer has a mandate since it was rendered obsolete under the Access to Information and Protection of Privacy Amendment Act. This smacks of the use of punitive and vindictive administrative measures which function as a not-so-subtle means of ensuring that the media remains hindered in its attempts to provide fair and unbiased coverage. It also reinforces our belief that the much-celebrated amendments to media and electoral laws have not been implemented and have not ameliorated the current oppressive operating environment for opposition politicians and media practitioners in Zimbabwe.

In the circumstances, ZLHR urgently calls for the following:

• That ZEC forthwith publishes the Code of Conduct and any other regulations in respect of media practices during election periods;
• That ZEC immediately takes concerted action in respect of well-documented violations perpetrated by those in control of the public broadcaster and the state-controlled media;
• That the ZBC and the publicly-owned but government-controlled print media forthwith abide by the national laws regulating media conduct during elections, as well as the SADC Principles to allow the public access to varied and non-biased information about political candidates and parties and their election manifestoes in order that voters can exercise their choice freely and in an informed manner on 29 March 2008.

1. On 28 February 2008, on the 6.00 a.m. radio news bulletin
2. The Herald newspaper issue of Thursday 28 February 2008
3. Radio Zimbabwe on 14 February 2008 and The Herald and The Chronicle on 15 February 2008 where ZEC deputy chairperson Joyce Kazembe, who is also chairperson of the commission's Media Monitoring Committee was quoted as saying that ZEC's mandate to monitor the elections included ensuring that contestants would be granted free and fair media coverage. For details see the Media Monitoring Project Zimbabwe Media Update 7 of 2008 (Monday February 18th - Sunday February 24th 2008)

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