The Minister of Information, Publicity and Broadcasting Services, Dr Jenfan Muswere, has stated that the government is formulating a new law to regulate social media platforms to tackle the increasing challenges of unregulated usage.
During a recent Ministers Meet the Media meeting, the Minister stated that the new law will help improve the governance of social media, which is deficient not only in Zimbabwe but throughout Africa.
“We are preparing new legislation to regulate these platforms and hold users accountable,” he said.
Interestingly, regarding Zimbabwe’s Cyber and Data Protection Act (Chapter 12:07), the Criminal Law (Codification and Reform) Act has been amended to encompass electronic offences.
These offences include the transmission of data messages aimed at inciting violence or causing damage to property, the sending of threatening data messages, and instances of cyberbullying and harassment.
Despite its stated purpose, the Act is generally criticised for being used by law enforcement officials to suppress dissent. Its vague provisions, particularly those criminalising “false” information without clear definitions, permit misinterpretation and weaponisation against individuals exercising their freedom of expression.
Proposing yet another law alongside the Cyber and Data Protection Act raises fears of potential erosion of fundamental rights guaranteed by Zimbabwe’s Constitution, notably Sections 61 and 62, which safeguard freedom of expression, media freedom, and access to information.
Furthermore, Section 60 on freedom of conscience states that every individual has the right to practice, propagate, and express their thoughts, opinions, religion, or beliefs, whether in public or private, individually or collectively.
In the same vein, the African Declaration on Internet Rights and Freedoms advocates for an open internet characterised by governance that prioritises the advancement of human rights and frameworks which are open, inclusive, accountable, transparent, and collaborative in nature.
Zimbabwe should similarly be further guided by Principle 38 of the African Commission on Human and Peoples’ Rights Declaration of Principles on Freedom of Expression and Access to Information in Africa.
The Declaration states that States must not interfere with individuals’ right to access and share information via any communication means, including digital technologies, unless such interference is strictly justified and complies with international human rights law.
While the internet is essential for democratic participation, we remain mindful that freedom of expression and media freedom do not encompass incitement to violence, hate speech, or the malicious violation of an individual’s right to privacy.
Therefore, the government should exercise extreme caution and due consideration, as the proposed new law raises concerns and fears about its intentions to stifle dissent and restrict civic engagement.
Another point to consider is the economic impact of such regulations. Strict regulations can stifle innovation and discourage investment in the technical sector. Foreign investors are often keen on issues of stability and predictability.
They rely on accurate, real-time information as part of their foreign investment strategies. Technology companies may move to countries with favourable regulatory environments, resulting in job losses and economic decline.
For instance, Tanzania has adopted more aggressive tactics, including censorship and shutdowns, as regulations requiring online content creators to register have stifled independent voices. These examples illustrate a troubling pattern across the African continent, where governments increasingly utilise technology to control information and suppress dissent.
Rwanda also serves as another example in that regard. Its government has implemented extensive internet controls, censorship measures, and legal restrictions, particularly during elections. The 2018 cybersecurity law, which criminalises the publication of “rumours that may incite fear, insurrection or violence,” is a key instrument in this effort.
Often poorly defined laws foster a climate of fear that deters critical reporting and open dialogue.
MISA Zimbabwe believes that the proposed new law poses a risk of creating a digital environment in which citizens fear expressing their views or accessing information freely.
This infringes upon fundamental rights and diminishes the internet’s potential to foster democratic development and social progress. A strong and open digital space is essential for transparency, accountability, and citizen participation.
Any new legislation regulating social media must strictly comply with both constitutional and international human rights standards, ensuring it does not unduly restrict freedom of expression and access to information.
Transparency and inclusivity must be central to the legislative process to cultivate trust and accountability. New laws should be enacted only when clearly necessary and in accordance with regional and international best practices.
MISA Zimbabwe firmly believes that the necessity for new legislation is questionable and could result in the over-regulation of the digital space, compromising the enjoyment of fundamental rights. The existing Cyber and Data Protection Act, despite some contentious provisions, already regulates social media.
In essence, POTRAZ, on behalf of the Government of Zimbabwe through the Ministry of ICTs and Courier Services, serves as the secretariat of the Internet Governance Forum Zimbabwe. This platform adopts a multi-stakeholder approach to internet governance, with the strategic objective of ensuring a balance between security and the digital rights interests of the country. We advise the government to utilise such forums, among others, to establish a common footing in addressing issues that may concern the Government as a stakeholder, rather than bearing the burden of over-regulation, which has negative implications for societal development and the enjoyment of people’s rights.
