A survey carried out by ZNCJ.ORG revealed that more Zimbabweans depend on digital technologies for their information needs. However, it is imperative to scrutinise the Data Protection Act and how it impedes the free flow of information.
Journalists, micro bloggers, and Political activists continue to face arrest and in some instances imprisonment because of the existing media laws in Zimbabwe.
In the spirit of good governance and anti-corruption, internet activists and citizen journalists in Zimbabwe have used digital technologies as whistleblowers on underreported issues in Zimbabwe. Such cases of social injustices covering the rights of women and children have been exposed on social media platforms by Citizen journalists. Therefore, internet activists and citizen journalists to freely impart ideas and express themselves without fear of persecution.
Invariably, the Data Protection Act may be used to silence and criminalise the work of internet activists, micro-bloggers, and citizen journalists who are targeted as enemies of the state.
Specifically, we want to analyse and expose how the following provisions of the Data Protection Act stifle the work of citizen journalists and Internet activists in Zimbabwe.
- The establishment of POTRAZ as the Data Protection Authority
- The Establishment of the Cybersecurity and Monitoring of Interception of Communications Centre.
- The nature of incitement laws
In good faith and governance, the Data Protection Act “to increase data protection in order to build confidence and trust in the secure use of information and communication technologies by data controllers, their representatives and data subjects”.
The provisions of the Data Protection Act presume that cybersecurity provides a holistic approach to National security. However, cyber security concerns every internet use, and that places citizen journalists in a risky environment.
The law has amended three pieces of legislation
- Criminal Law (Codification and Reform Act)
- The Criminal Procedure and Evidence Act
- The Interception of Communications Act
At ZNCJ.ORG, we strongly opine that the Data Protection Act is vague and maybe be used to stifle the work of Citizen Journalists, whistle-blowers, and activities of civil society.
It is important to consider that Citizen Journalists and micro-bloggers play a crucial role in disseminating information through digital technologies.
Problematic Areas of the
Incitement Laws
In Zimbabwe, what constitutes and amounts to incitement is still vague.
Incitement laws can be used to target certain individuals politically or not. In most cases, the law is used against activists and journalists who are deemed enemies of the state.
More so, Incitement laws have since been in existence in the media laws. These laws have always been used to silence citizen journalists, micro-bloggers, and political activists to exercise free speech.
The same incitement laws have been used to arrest Journalist Hopewell Chin’ono and social activist Evan Mawarire on the same charge of inciting violence.
The existence of incitement laws stifles citizen journalists to campaign or demonstrating without running the risk of being charged with inciting violence.
The arrest of Political Activist Job Sikhala
Most recently, Job Sikhala and Godfrey Sithole political activists from the opposition party Citizens Coalition for Change (CCC) were arrested on charges of inciting violence at a funeral gathering of Moreblessing Ali, a slain political activist from the same political party.
Moreblessing Ali’s family demands the release of their lawyer @JobSikhala1 who was arrested and jailed after he communicated their message that those responsible for their sister’s death will face the wrath of the spirit world. https://t.co/abZGIcnyZc
— Hopewell Chin’ono (@daddyhope) June 27, 2022
Sikhala and Sithole were addressing gatherers at the funeral that the assailants who kidnapped and killed Moreblessing Ali were yet to face the wrath of her avenging spirit.
At the same funeral gathering whilst Sikhala was addressing mourners, violence broke out between Police and CCC supporters who came to the slain activist. It was reported that Police were blocking a mob of CCC members to attend the funeral, hence they clashed.
Later, infuriated CCC members went on to set alit and burn houses and properties of Zanu-PF members.
The Plight of Evan Mawarire,
Evan Mawarire, a socio-economic activist – used his social media platform to activate awareness of the socio-economic injustices under the leadership of late President Robert G Mugabe.
Activist Pastor Evan Mawarire arrested in Zimbabwe for “inciting violence on social media” https://t.co/YSjfFbIhRc pic.twitter.com/8SjOcxrn5G
— CNN International (@cnni) January 16, 2019
Mawarire managed to address the issue of the high cost of living and basic commodities without playing the “politics card”. Eventually, Mawarire’s Facebook posts gave rise to the hashtag and movement #ThisFlag, a position of defiance that demanded change in leadership.
Mawarire was charged with inciting violence by the Cybersecurity and Data Protection Bill, which has carried over to the new Data Protection Act.
In essence, the incitement laws were used to stifle the activism and other citizen journalism that would aid Mawarire’s campaign for socio-economic justice.
Spreading of what government classifies as false information
ZNCJ.ORG opines those laws do with the spreading of false news infringes on freedom of expression
The Data Protection Act contains provisions that still undermine freedom of expression that is codified in section 61 of the Constitution Zimbabwe. Of major concern is Clause 164C, which criminalises what government deems as “false information online”. The offense attracts a prison sentence of up to five years, a fine, or both.
The harsh penalties are used to demotivate activists, citizen journalists, and whistle-blowers t report on issues of corruption.
The Arrest of Hopewell Chin’ono
Journalist and Political activist Hopewell Chin’ono has been arrested for spreading false information on social media.
Zimbabwean journalist and government critic Hopewell Chin’ono was arrested on Friday on charges of communicating false information, his third arrest inside six months, his lawyer said. https://t.co/9XUCBg2XlI pic.twitter.com/aqe0ZeMHta
— Reuters Africa (@ReutersAfrica) January 8, 2021
Chin’ono led the dossier on corruption in the public sector which implicated high-ranking officials in corruption. Chin’ono’s investigative report led to the arrest of Obidiah Moyo, former Minister of Health.
Zimbabwe is running short of investigative journalists who are not captured by the interests of the corrupt elite. Such laws that leave the government to determine what amounts to false information promote self-censorship which impedes the work of journalists.
The Establishment of POTRAZ as the Data Protection Authority.
Following the public hearings, the joint Parliamentary Portfolio recommended the establishment of an independent body which is set up as the Cyber Security Centre and Data Protection Authority instead of having POTRAZ (Postal and Telecommunications Regulatory Authority of Zimbabwe) serve as the Cyber Security Centre and Data Protection Authority
ZNCJ.ORG welcomes the Data Protection Act but is still concerned with the administrative powers held by the Postal and Telecommunications Regulatory Authority (POTRAZ). The Act establishes POTRAZ as an apex Data Protection Authority. However, during stakeholder engagements, the appointment of POTRAZ was criticised on the basis that it would create a super administrative authority as POTRAZ is also the telecommunications sector regulator.
The functions of the Data Protection Authority include establishing conditions for the lawful processing of data, issuing its opinion either of its own accord or at the request of any person with legitimate interest on any matter relating to the application of fundamental principles of the protection of privacy.
While the Authority must shed light on any contentious or vague issues relating to data protection and privacy, it is hoped that this function will not be abused by some stakeholders qualifying as ‘any person with legitimate interest’.
The establishment of the Cybersecurity and Monitoring of Interception of Communications Centre
The Data Protection Act established the Cybersecurity and Monitoring of Interception of Communications Centre. The Centre is housed in the Office of the President.
The Cybersecurity and Monitoring of Interception of Communications Centre allow legal authorisation for the government and Executive to monitor and intercept communications of targeted persons. Invariably, the targeted persons are purported enemies of the state with examples being Citizen Journalists and political activists.
The provisions of the Data Protection Act presume that cybersecurity provides a holistic approach to National security. However, cyber security concerns every internet use, and that places citizen journalists in a risky environment.