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VMCZ statement on the proposed Media Freedom and Transparency Bill
Voluntary Media Council of Zimbabwe
November 02, 2012

The Voluntary Media Council of Zimbabwe (VMCZ) acknowledges discussions and consultations currently taking place among media stakeholders on the Media Freedom and Transparency Bill being proposed as a Private Member's Bill by the Media, Information and Communication Technology Portfolio Committee chairperson, MP Settlement Chikwinya.

The Bill while seeking to transform the media legislative framework through calling for the repeal of the draconian Access to information and Protection of Privacy Act (AIPPA), an Act that has been used to arbitrarily arrest and detain journalists, unfortunately retains provisions in the Bill that are still undemocratic and hinder freedom of expression.

The Bill retains the Zimbabwe Media Commission (ZMC) and a Media Council under provisions that in our view do not conform to the spirit and letter of Section 20 of the current constitution, Article 9 of the African Charter on Human and People's Rights as well as Article 19 of the Universal Declaration of Human Rights.

The Bill also seeks to establish a Media Complaints Committee that will allow for legal representation for complainants, recommend action to be taken against a media practitioner found guilty of a violation of a media code of conduct to the ZMC, which may then determine that the media practitioner pay a fine and any legal fees associated with the proceedings. Where the media practitioner fails or refuses to undertake the determination of the ZMC's punishment, he/she may be liable to a fine and/ or a prison term not exceeding 6 months (Section 36).

It is the VMCZ's considered view that such provisions in the Bill are not in the best interests for media freedom or freedom of expression in Zimbabwe. Particularly where they seek to continue a culture of the bureaucratisation of freedom of expression only in order to curtail it.

The VMCZ however notes the difficult legislative environment in which the Portfolio Committee on Information, Communication and Technology operates and as such, appreciates such an initiative that seeks to repeal the repressive AIPPA. It is however beyond the mandate of the VMCZ to accept 'compromise' legislation that still undermines freedom of expression and media freedom. The VMCZ however remains guided by the views of its membership and shall consult widely on the matter before making a final determination.

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