Revisiting the Media Lawscape: A Context-Based Reappraisal of the New Media Laws in Zimbabwe

Abstract

Quite often in the so-called third world countries juridical laws are shaped in line with former colonial value systems, hardly reflecting the social values of the people who are bound by such laws and this raises questions of legitimacy of such legal instruments of social protection and control. Since independence the media laws have remained generally reflective of the pre-independence era in terms of structure and content although there have been sporadic attempts at reviewing some of the media laws to suit local expectations of the role of the media. The only act to be repealed was the Powers, Privileges, and Immunities of Parliament Act, which had made it illegal for media to report on debates in parliament. In January 1981, the government set up the Zimbabwe Mass Media Trust (ZMMT) as part of the government's new media policy, under widespread criticism of the national media, which at the time was inherited from colonial control. It was originally intended to serve as an authority to oversee the transition of the media from white minority control to Zimbabwean society as a whole and to regulate the media. The government emphasised that the media be free, non-partisan, mass-orientated and serve the national interest; however, a growing presence of the Ministry of Information into the media effected its original function. The main media laws were cosmetically changed and this paper will look at Access to Information and Protection of Privacy Act (AIPPA), Public Order and Security Act (POSA) and Broadcasting Authority of Zimbabwe Act (BAZ). These three laws have continued to negatively affect the operations of the media and hinder the freedom of expression. The laws will be compared to colonial laws such as Law and Order Maintenance Act (LOMA) and Rhodesia Broadcasting Service Act (RBSA) among others.