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Media House Challenges Media Law
Media Institute of Southern Africa - Zimbabwe Chapter (MISA-Zimbabwe)
January 15, 2003

The Associated Newspapers Group (ANZ) has lodged a constitutional challenge of sections of the Access to Information and Protection of Privacy Act (AIPPA) requiring media houses to be registered by the Media and Information Commission appointed by the Minister of Information.

ANZ, publishers of The Daily News lodged the application on 12 January 2003, through the company's lawyers Mordecai Mhlangu of Gill, Godlonton and Gerrans. In his founding affidavit the Executive Chairperson of the ANZ, Samuel Sipepa Nkomo said that AIPPA restricts and inhibits the enjoyment of freedom of expression. "Although titled Access to Information and Protection of Privacy Act, interferes with and unduly restricts the enjoyment by the citizens and other inhabitants of Zimbabwe of their enjoyment of freedom of expression," said Nkomo.

ANZ contends that section 65 providing for restrictions in the ownership of and shareholding of shares in a mass media service infringes on the right to freedom of association. The challenge also says that sections 79, 80 and 83 read with regulations amounts to "unjustified hindrance with the exercise of freedom of expression, including freedom to impart ideas and information without interference".

ANZ sites a number of countries where media houses are not compelled by law to register or are not required by law to be licensed. "It seems to me that in truly democratic societies, registration or licensing is generally not a requirement, and where this is required it is for administrative purposes and there is no discretion on the registering authority to refuse registration or at some stage to suspend or cancel it," said Nkomo.

Nkomo went on to say that contentious provision of AIPPA offend against international laws and norms, some of which Zimbabwe was party to, including Article 19 of the Universal Declaration of Human Rights and the African Charter on Human and People's Rights.

The Minister of Information and Publicity Jonathan Moyo, the Media and Information Commission and the Attorney General are sighted as respondents. No date has been set for the hearing of the challenge.

For more information, contact:
Rashweat Mukundu
Research and Information Officer, MISA-Zimbabwe
221 Fife Ave
Box HR 8113, Harare, Zimbabwe
Phone 263-(0)4-712841, 735441/2
Mobile 263-(0)11-602685
E Mail misa@mweb.co.zw

Visit the MISA-Zimbabwe fact sheet

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