| MISA-Zimbabwe state of the media report 2009 |
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In the Report: Introduction Media Environment Print Media Broadcasting/Telecommunications Way Forward in 2009 Conclusion Media Violations Statistics: 2009 Introduction The signing of the Global Political Agreement (GPA) between Zimbabwe’s major political players on 15 September 2008 culminating in the formation of the inclusive government undoubtedly raised hopes and opportunities for socio-economic and political reforms in Zimbabwe. It is also within the context of the GPA that the inclusive government pledged to free the media environment to allow citizens to enjoy the right to freedom of expression, association and assembly in terms of Article 19 of the Agreement in question which deals with freedom of expression and communication. Under Article 19.1 of the Agreement, the parties agreed among other issues that: The government shall ensure the immediate processing by the appropriate authorities of all applications for re-registration and registration in terms of both the Broadcasting Services Act (BSA) as well as the Access to Information and Protection of Privacy Act. More than a year after the government acceded to the above, no single new media player or those which were banned in terms of the draconian Access to Information and Protection of Privacy Act (AIPPA) have been registered or re-registered respectively, except for the British Broadcasting Cooperation (BBC) and CNN which were admitted back into the country on the grounds that they were never banned from covering Zimbabwe. Political Context and Key Events of 2009 Progress in the envisaged socio-economic and political reforms was, however, stalled as the three major political parties haggled and maintained intransigent positions over so-called outstanding issues. Outstanding issues pertained to the appointment and retention of Attorney-General Johannes Tomana and Reserve Bank Governor Gideon Gono by President Robert Mugabe. On the other hand, the MDC-M led by Prime Minister Morgan Tsvangirai refused to budge on the issue of the appointment of its Treasurer Roy Bennet as Deputy Minister of Agriculture and its five appointee provincial governors. Zanu PF led by President Mugabe insists that Gono and Tomana’s appointments were constitutionally procedural and that the issue of Bennet would only be finalised pending conclusion of his treason trial in the High Court. Disagreement over Western imposed targeted sanctions and foreign based stations manned by exiled Zimbabwean journalists in the Diaspora which Zanu PF describes as “pirate radio stations” further stalled full implementation of the Global Political Agreement. Zanu PF insists the onus is on the MDC-M to have the targeted sanctions against senior government and Zanu PF officials lifted as well as calling on the closure of the foreign based radio stations. Ironically, the three signatories to the agreement collectively agreed that the stations in question namely Voice of America’s Studio 7, SW Radio Africa and Voice of the People which broadcast from the United States and United Kingdom should cease beaming into Zimbabwe. And if Zanu PF insists on the removal of sanctions and closure of the foreign-based radio stations as the quid pro quo for resolution of other outstanding issues, then the envisaged reforms are long time coming. As these issues, among others, took centre stage and threatened the collapse of the inclusive government, things came to a head almost a year after the signing of the GPA when the Minister of Media, Information and Publicity announced arbitrary appointments to media regulatory and parastatal bodies. The MDC-M which had hitherto consistently described the negations on the outstanding issues as “work in progress” suddenly changed tack. The appointments were made to the boards of the state-controlled Zimpapers, Broadcasting Authority of Zimbabwe (BAZ), Transmedia, Kingstons, New Ziana and Zimbabwe Broadcasting Holdings Board of Governors. On 15 October 2009 the MDC-M announced its withdrawal from Cabinet meetings saying it was being treated as a junior partner in the inclusive government. According to the MDC-M the appointments were a serious slap in the face given that the GPA states that Executive authority of the inclusive government shall vest in, and be shared among the President, the Prime Minister and Cabinet as provided for in this Constitution. It further stresses that decisions should be made by consensus as well as taking collective responsibility for all Cabinet decisions, including those originally initiated individually by any member of Cabinet. Thus the MDC-M argued that it had not been duly consulted on these appointments forcing it to disengage from Cabinet meetings. SADC in its capacity as guarantor of the Agreement and through South Africa as the official mediator of the Zimbabwean crisis had to call for an emergency Troika Summit to rescue the inclusive government from imminent collapse . These developments should be viewed in the context of the huge sigh of relief across the socio-economic and political divide when the post-27 June 2008 SADC mediation efforts to break the political impasse culminated in the signing of the Global Political Agreement (GPA) in Harare on 15 September 2008. The impasse arose from the disputed results of the 27 June 2008 presidential election run-off from which the then MDC leader pulled out citing massive violence and terror campaigns against members and supporters of his party. The results of the elections were condemned regionally and internationally as not having been free and fair in the face of unprecedented state sanctioned violence, abductions and murder of opposition party activists. This forced Tsvangirai to pull out of what eventually turned out to be a one-man presidential race that resulted in President Mugabe as the sole winner for a five-year presidential term. In the meantime the socio-economic decline continued in the wake of increased shortages of basic commodities, stratospheric inflation, collapse of the education and health institutions exacerbated by endemic strikes by doctors, nurses and teachers demanding for improved working conditions. The signing of the Agreement and the subsequent swearing in of Tsvangirai as Prime Minister in January 2009 was therefore hailed as the best available option to halt the unprecedented socio-economic decline characterised by hyper-inflation. However, that was not to be. Bickering over the allocation of ministerial positions returned to haunt the traumatised nation thereby dealing a severe blow on the expected socio-economic and political reforms – hence the stalled nature of the expected media reforms and reversion to the status quo ante as espoused by the continued existence and retention of repressive media laws throughout 2009. It is trite to note that the constitution making process which is expected to underpin the envisaged reforms and usher in a new political dispensation for Zimbabwe undoubtedly fell victim to the political power contestations compounded by lack of financial resources to kick-start its outreach activities. The exercise was put on hold for the greater part of the year. Meanwhile, the pace-setter to the constitution-making process was to come in the form of the establishment of constitutional bodies notably the Zimbabwe Media Commission (ZMC), the successor body to the state-controlled Media and Information Commission (MIC), Zimbabwe Human Rights Commission, Zimbabwe Electoral Commission and Anti-Corruption Commission in terms of Constitutional Amendment No 19 of December 2008. Interviews were duly conducted by the Parliamentary Select Committee on Standing Rules and Orders (SROC). As of December 18 2009 none of the envisaged bodies had been established notwithstanding that the interviews for the ZMC had been conducted way back in June 2009 and names of short-listed candidates duly submitted to the President for subsequent appointment to serve on the respective Commissions. While the introduction of the multi-currency system in January 2009 to stem hyper-inflation resulted in the staffing of previously empty supermarket shelves with basic goods and commodities mostly imported from South Africa, the year 2009 was a complete write-off in terms of meaningful socio-economic and political reforms more so on the media freedom and freedom of expression front as will be clearly demonstrated in the next sections of this report. Media Environment Regulation of the media The afore-mentioned stop-go-stop-go nature of the negotiations over the outstanding issues and constitution making processs thus had a negative impact on the media environment which remained constricted through the continued existence of restrictive legislation notably the Access to Information and Protection of Privacy Act (AIPPA), Broadcasting Services Act, Criminal Law (Codification and Reform) Act and the Public Order and Security Act (POSA). As highlighted in our State of the Media Report for 2008 it is trite to note that the amendments to AIPPA, POSA and BSA which were passed by Parliament in December 2007 and buttressed by Constitutional Amendment No 19 are inconsequential in so far as they relate to freeing the media space. In terms of Article 19 of the GPA on Freedom of Expression which recognises statutory regulation of the media through the establishment of the ZMC, the government committed itself to ensuring the immediate processing by the appropriate authorities of all applications for re-registration in terms of both the Broadcasting Services Act as well as the Access to Information and Protection of Privacy Act (AIPPA). While the establishment of the ZMC and the Broadcasting Authority of Zimbabwe (BAZ) is key to the registration and re-registration of media houses and new players wishing to enter the print and broadcasting sector respectively, this could be longtime coming given the restrictive nature of the enabling legislation notably AIPPA and BSA. It will be deceitful if not scandalous were the ZMC to proceed with the processing and licensing of media houses in terms of the existing AIPPA considering the role it played through the statutory but now defunct MIC in the decimation of privately owned newspapers. The Daily News, Daily News on Sunday, The Tribune and Weekly Times were banned by the MIC for alleged violations of AIPPA and remain closed. This is a serious grey area that needs to be cleared as a matter of urgency that both the Executive and Parliament should be seized with forthwith. ZMC which is still to be constituted is tasked with the functions of media regulation, registration of mass media and accrediting of journalists. Members of the ZMC will consist of nine members appointed by the President from a list of persons nominated by the Parliamentary Committee on Standing Rules and Orders. As far as MISA-Zimbabwe is concerned the ZMC is a transitional half-way house towards fully fledged media self- regulation as stipulated in terms of the Banjul Declaration on the Principles of Freedom of Expression in Africa. The existing legislation notably AIPPA and BSA should therefore be repealed as it is replete with restrictive provisions that make it impossible for media diversity and pluralism through the entry of new private players into both the print and broadcasting sector as envisaged under the 1991 Windhoek Declaration and African Charter on Broadcasting. For instance foreign funding and ownership in the print media is still restricted and can only be considered at the “absolute discretion” of the responsible minister. In similar vein, the Broadcasting Authority of Zimbabwe (BAZ) is on record admitting the restrictive provisions of the BSA as the major hindrance to the issuing of licenses to private players and free the airwaves from the stranglehold of the state-controlled Zimbabwe Broadcasting Corporation. While MISA-Zimbabwe welcomes media diversity and plurality to allow citizens access to alternative sources of information that will enable them to make informed decisions and choices, the licensing of any new player should be done openly and transparently. This should not be done in the opaque manner that saw the licensing of the Zimpapers Harare daily H-Metro in the absence of the licensing body that is to come in the form of the ZMC. That as it may be, the media environment remains restricted with no new private players having been licensed to enter both the print and broadcasting sector in an environment in which the Zimbabwe Broadcasting Corporation continues to enjoy monopoly of the airwaves. While the government pledged to process applications for re-registration and registration of media houses, this might not be immediately achievable given the restrictive nature of the licensing regime more so in the context of the restrictive provisions of the BSA. The answer therefore lies in the reforms of these restrictive laws as political will alone will not suffice to attract potential investors into the media industry. Arrests, harassment of journalists The birth of the inclusive government coupled with its pledges and commitment to freedom of expression could somewhat be linked to the reduction in the number of cases involving the arrests of journalists. This also comes on the backdrop of the High Court ruling by Justice Bharat Patel on 5 June 2009 when he granted the application by four freelance journalists, Stanley Gama, Stanley Kwenda, Jealous Mawarire and Valentine Maponga challenging the legal status of the statutory Media and Information Commission (MIC). The four journalists were represented by prominent media lawyer Selby Hwacha, who successfully argued that the MIC had been disbanded by operation of the law after the promulgation of Act No. 20 on 11 January 2008 which amended the Access to Information and Protection of Privacy Act (AIPPA) creating the Zimbabwe Media Commission to replace MIC. The ZMC was later consolidated by constitutional Amendment 19 which made it a constitutional body. Hwacha further argued that the effect of Act No. 20 was to remove the obligation compelling journalists to be accredited such that they could actually practice journalism without accreditation although they would not be able to enjoy journalistic privileges as set out in section 79 of AIPPA. Several journalists arrested in 2008 were accused of practicing journalism without being accredited by the then MIC and the marked reduction of such cases in 2009 could therefore be directly linked to the finding by the High Court that journalists could actually practice without accreditation. In 2008 MISA-Zimbabwe recorded 25 cases involving the arrests of local and foreign journalists, media lawyers and representatives of media organisations compared to a total of eight during the period under review. Cases that were still outstanding as of December 2009 pertain to the arrests of freelance photojournalist Andrison Manyere, Zimbabwe Independent editors Vincent Kahiya and Constantine Chimakure, Davison Maruziva, the editor of the Standard and freelance journalist Annie Mpalume. Kahiya and Chimakure are jointly charged on allegations of publishing or communicating a statement wholly or with the intention of undermining public confidence in law enforcement agents in terms of the Criminal Law (Codification and Reform) Act. Maruziva and Manyere are facing separate charges under the same Act. Mpalume is out of custody after she was arrested in Manicaland Province’s Chiadzwa diamond fields on allegations of entering a protected area without a pass. Media and government relations Representatives of MISA-Zimbabwe’s National Governing Council and its Secretariat on 4 March 2009 held a meeting with the Minister of Media, Information and Publicity Webster Shamu. The meeting focused on the state of the media, communication and technology sectors and MISA-Zimbabwe’s role in advancing media freedom and freedom of expression. The meeting was also attended by the Deputy Minister Jameson Timba, the Permanent Secretary George Charamba and other senior ministry officials. MISA-Zimbabwe took opportunity of the meeting to raise concerns on the restrictive media legislative environment and its toll on the Zimbabwean media industry and the profession at large. Discussions also centred on the need for a three-tier broadcasting system, transformation of the Zimbabwe Broadcasting Corporation into a truly independent public service broadcaster, media ethics, media cross- ownership and the need for a constitutional provision that explicitly guarantees media freedom. The Permanent Secretary George Charamba acknowledged the restrictive nature of the Broadcasting Services Act (BSA) as hampering the entry of private players into the broadcasting sector and the establishment of community radio stations. Minister Shamu said such interactions should be encouraged adding that the Ministry would maintain an open door policy with key media stakeholders and organisations to foster professional relations on issues of concern to the industry. The ministry then took it upon itself to organise a stakeholders meeting which was held in northern resort town of Kariba to thrash out the areas of concern and chart the way forward. While this move was commendable in dealing with the misconceptions between the government and media organisations notably MISA-Zimbabwe and its allies in the Media Alliance of Zimbabwe (MAZ), resolutions of the Kariba Conference held in May 2009 have not resulted in any positive media reforms. Although MISA-Zimbabwe and its MAZ partners did not attend the conference in question in protest against the re-arrest on 5 May 2009 of Zimbabwe Peace Project director Jestina Mukoko and freelance photojournalist Andrison Manyere, written submissions were submitted by way of input into the media reform process under the auspices of MAZ. On 4 August 2009, MISA-Zimbabwe through its National Chairperson wrote to the Minister following-up on the resolutions of the Kariba conference. The letter stressed the need for a follow-up meeting to comprehensively deal with the resolutions/recommendations subsequent to formulation of a comprehensive media policy framework. The matter is still in abeyance as the ministry said it was still to produce a report on the Kariba conference. The request for a mechanism to dialogue further on the proposed recommendations was made in the spirit and letter of the principle of a consultative follow up on the recommendations before they are considered to be final given the importance of inclusive participatory decision making by relevant stakeholder more so at it pertains to media policy formulation. The new year amid speculative media reports of some breakthrough on media reforms through the negotiation process, therefore, offers opportunity for further interactions and dialogue on the way forward concerning media reforms. Dialogue will not only be with the Ministry but with other key stakeholders that include the Parliamentary Portfolio Committee on Media, Information and Technology. Print Media As mentioned earlier in this report, Article XIX of the Global Political Agreement (GPA) recognises the importance of the right to freedom of expression and the role of the media in a multi-party democracy. In that vein parties to the Agreement undertook to expedite the “immediate processing” of all applications for re-registration and registration in terms of both the Broadcasting Services Act and AIPPA. The agreement further states that steps should be taken to ensure that the public media provides balanced and fair coverage to all political parties for their legitimate political activities. Both the private and public media are implored to refrain from abusive language that might instil hostility, political intolerance and ethnic hatred. Since the signing of the GPA on the 15th of September 2009 and lamentably so, the public media have failed to embrace the new political order in the country. This was comprehensively articulated at a public hearing on the sate of public media convened by the Parliamentary Portfolio Committee on Media, Information and Communication Technology. Speaker after speaker criticised the public media, notably The Herald and Zimbabwe Broadcasting Corporation (ZBC) for their partisan reportage and pro-Zanu PF propaganda coverage. Members of the public and media groups noted that the hate language and vitriol churned by the public media seriously contradicted and undermined the spirit and letter of Article 19 of the Global Political Agreement (GPA) which deals with freedom of expression and communication. Zanu PF, MDC-T and MDC-M signed the GPA which culminated in the formation of the inclusive government comprising the three leading political parties. The public was agreed on the need to repeal repressive legislation such as AIPPA and Broadcasting Services Act (BSA) to allow the entry and proliferation of private players in both the print and electronic media including the establishment of community radio stations. There was also urgent need to curb the Ministry of Media, Information and Publicity from interfering with the editorial policies of the public media amid allegations that the ministry vetted stories before they were published. Of concern to members of the public who attended the hearing, were the exorbitant license fees charged by ZBC despite its poor programming. The Media Alliance of Zimbabwe (MAZ) took opportunity of the hearing to present its ZBC model bill. MISA-Zimbabwe also presented its model Broadcasting and Telecommunications Bill. MAZ comprises MISA-Zimbabwe, Media Monitoring Project Zimbabwe (MMPZ), Zimbabwe Union of Journalists (ZUJ), Federation of African Media Women in Zimbabwe (FAMWZ) and Zimbabwe National Editors Forum (Zinef), The unrepentant nature of the public media is compounded by retention of statutory media regulation and the failure to unconditionally lift the banning of the aforementioned publications in view of the GPA and the seemingly lack of political will to free the media environment in a country which has no privately owned daily newspapers save for The Herald and The Chronicle which are published by the government- controlled Zimbabwe Newspapers Group. The existing independent weeklies, notably The Financial Gazette, Zimbabwe Independent and Standard have limited circulation which is mostly restricted to urban areas due to the acute shortages of newsprint and prohibitive production and transport costs arising from the hyper-inflationary environment. Broadcasting and Telecommunications Regulatory Framework Since the enactment of the BSA in 2001, Zimbabwe has maintained its dubious distinction among the few countries that are still to liberalise their airwaves to allow for the establishment of privately owned television/radio stations let alone community radio stations as espoused under the African Charter on Broadcasting (ACB) and SADC Protocol on Information and Communication Technologies. The state controlled ZBH continues to maintain its monopoly of the airwaves despite spirited calls for its transformation into a truly independent public service broadcaster as stipulated under the ACB. This untenable situation is directly linked to the restrictive provisions of the BSA. It is widely acknowledged that the BSA as a broadcasting regulatory framework has serious defects and flaws which fall far short of meeting regional and international benchmarks pertaining to the regulation and management of the broadcasting sector and thus impacts negatively on the right and enjoyment of freedom of expression, press freedom and access to information. An independent regulatory body is therefore critical in that regard as opposed to the current status of the Broadcasting Authority of Zimbabwe. The Banjul Declaration states: • Any public authority that exercises powers in the areas of broadcast or telecommunications regulation should be independent and adequately protected against interference, particularly of a political or economic nature. • The appointments process for members of a regulatory body should be open and transparent, involve the participation of civil society and shall not be controlled by any political party. • Any public authority that exercises powers in the areas of broadcast or telecommunications should be formally accountable to the public through a multi-party body. This is far from the case in Zimbabwe where it concerns appointments to the BAZ which is appointed by the President thereby seriously compromising its administrative, financial and institutional independence. Little wonder the outcry that followed the Minister of Media, Information and Publicity Webster Shamu’s announcement on 30 September 2009 of a new BAZ board without even an inkling of reference to the guiding principles outlined under the ACB. Even more worrying was the bouncing back of Dr Tafataona Mahoso who previously headed the now defunct statutory MIC infamously known for the closure of the Daily News, Daily News on Sunday, The Tribune and Weekly Times, as the new BAZ chair. Other members of the board included a retired army colonel and retired general. The appointments have apparently been put on hold with Prime Minister Morgan Tsvangirai being on record as saying the issue would be revisited. ICTs and telecommunications In June 2009, the government announced that an Information Communications Technology Bill was in the offing. The bill would merge the BAZ and Postal and Telecommunications Authority of Zimbabwe (POTRAZ) and create the National Information and Communications Technology Authority of Zimbabwe. The Posts and Telecommunications Act, Access to Information and Protection of Privacy Act (AIPPA) and the Broadcasting Services Act (BSA) are identified as some of the laws that will be taken into consideration towards the development of a national ICT Bill. While the bill envisages the repeal of the Postal and Telecommunications Act and the Broadcasting Services Act. However, the Bill does not provide for the repeal of the Access to Information and Protection of Privacy Act (AIPPA) (AIPPA) but merely proposes its amendment. MISA-Zimbabwe reiterates that AIPPA should be repealed in its entirety to secure the citizens’ fundamental right to freedom of expression and access to information through a free and unfettered media. In addition, the draft was crafted without any broad-based consultative process. This impacts negatively on the ability of the public to provide informed comment or input into the process taking into consideration that regulation should solely be for purposes of promoting freedom of expression and access to information by members of the public. Regulation of both these sectors should be geared towards promoting their roles as enablers and conduits of free speech in line with declarations such as the African Charter on Broadcasting (ACB), which states that: the legal framework for broadcasting should include a clear statement of the principles underpinning broadcast regulation, including promoting respect for freedom of expression, diversity, and the free flow of information and ideas as well as a three tier system for broadcasting… MISA-Zimbabwe, however, notes comments by the Minister of Information and Communications Technology Nelson Chamisa that the draft will be subjected to public scrutiny. The minister should, therefore ensure that the consultative process is as wide and inclusive enough to include key stakeholders such as civic society, business, Internet Service Providers and other interest groups. Suffice to say this process should not be divorced from public participation given its far reaching impact on the right to freedom of expression and access to information. MISA-Zimbabwe therefore urges the government to take into consideration several regional and continental covenants such as the African Charter on Broadcasting (ACB), African Union (AU) Declaration on Principles of Freedom of Expression in Africa, SADC Protocol on Culture, Information and Sport, Millennium Development Goals, and the World Summit on Information Societies held in Tunis, Tunisia in 2005. These regional and international instruments stress among other fundamental principles governing regulatory bodies, the need to ensure access to usage of tools of communication such as the Internet, fixed telephones and mobile telephone networks by ordinary people. Further, all formal powers in the areas of broadcasting and telecommunications should be exercised by public authorities that are protected against interference, particularly of a political or economic nature. It is MISA-Zimbabwe’s strong submission that in their present state the laws in question and BSA and AIPPA in particular, do not even meet the benchmarks for the enactment of a progressive and democratic national ICT legislation more so as it relates to the establishment of an independent converged broadcasting, ICT, cellular and telecommunications regulatory authority. As highlighted in the 2008 State of the Media Report, the long term viability of the broadcasting, telecommunications and ICT sectors lies in securing the independence of their regulatory frameworks. The argument for the independence of regulators in the field of telecoms, broadcasting and technological convergence is guided by several regional and continental covenants such as the African Charter on Broadcasting (ACB), Declaration on the Principles of Freedom of Expression in Africa and the SADC Protocol on Culture, Information and Sport. The government should therefore be guided by the following principles that govern the operations of independent regulatory bodies: • there should be clear separation of powers, with the government being responsible for policy development, an independent body being responsible for the implementation of policies and regulating the sector whilst privately owned media concentrates on service provision. • regulation should be done in the public interest, with the aim of: creating and maintaining order in the sector, establishing fair competition and quality service, promoting free speech, access to information as well as consumer protection. • providing distinct legal mandate of the regulator’s duties and responsibilities, free of ministerial, commercial or private control. • Involving every one, that is, the executive, legislature, civic society, business and the general public in the appointment process of the regulator’s board. Way Forward in 2009 Given the lack of movement and progress towards the envisaged comprehensive media legislative and policy reforms in 2009 which was a write-off in terms of fulfilment of the media expectations, MISA-Zimbabwe resolutely remains guided by the resolutions of the All Stakeholders Media Conference of December 2008. Find below recommendations of the conference. 1. Constitutional Guarantee of freedom of the media. We hold that because freedom of expression is a cornerstone of any truly democratic society and that the media is a key mechanism for its true realisation, any constitutional reform process must ensure that the right to media freedom is included in a bill of rights in a final people driven constitution. 2. Access to Information. We hold that in tandem with universally accepted democratic principles, the right to access and impart information is an inalienable right not only for the media but for all of the citizens of Zimbabwe and that is imperative for the state to ensure the necessary democratic legislation is enacted. This will entail • The repealing of all repressive laws, such as the Access to Information and Protection of Privacy Act, The Public Order and Security Act, that are currently affecting the media and the right of Zimbabwean citizens to access information. • The enactment of new democratic legislation that is in tandem with the universal Declaration of Human Rights, the African Charter on Human and Peoples Rights as well as the Windhoek Declaration and the African Charter on Broadcasting. 3. Regulation and Registration of the media. We hold that the media should voluntarily regulate itself through democratic, transparent and publicly legitimate voluntary media council. Where statutory regulation has existed, it has consistently led to the curtailment of media freedom and access to information and it therefore is an unacceptable form of control over the media. All laws that enable statutory regulation of the media should therefore be repealed in keeping with democratic practice. 4. Protection of Journalists. We hold that, given the narrative of the harassments, arrests, detention and torture of journalists, the protection of all media workers must be a priority of any government, parliament as well as all security services. Where the government or security services have acted with impunity in curtailing freedom of expression, freedom of the media or access to information, we hold that these practices should cease and be replaced by a democratic, peaceful environment in which the media can operate. 5. Print Media. We hold that the print media remains a key component of Zimbabwe’s media diversity, and should be allowed to operate independently without undue influence from the state or government of the day. We also hold that the state and any government of the day should not have any direct stake or interest in the ownership or management of the print media as these compromises the sector’s diversity and independence. Where the state has had direct control in the media, we recommend that it disinvests in these print media houses and allow for independent control of the same. 6. Broadcasting Diversity and Independent Regulation. a) With the full knowledge that Zimbabwe has not had any other broadcasters except the Zimbabwe Broadcasting Corporation, and that the Broadcasting Services Act remains undemocratic and should be repealed, we commit ourselves to the establishment of a broadcasting industry environment that is diverse and independent. We further commit ourselves to a three tier broadcasting system that is outlined in the African Charter on Broadcasting. That is to say, we believe in the necessity of public service broadcasting, commercial service broadcasting and community broadcasting. b) We also hold that all broadcasting in Zimbabwe must be independently regulated and free from undue state and political interference through an Independent Regulatory Authority appointed through a transparent and public process as well as with the endorsement of parliament. In this vein, we hold that there should also be the conversion of the Zimbabwe Broadcasting Corporation from a state controlled broadcaster into a truly independent public service broadcaster governed by a democratic public service broadcasting law. 7. Media Professionalism. We hold that journalists in Zimbabwe are professional workers and should be recognised as such through all laws that affect labour, as well as through the formation of a National Employment Council to serve their professional needs. We hold that a professional environment for journalists augurs well for the fair, accurate and people centred discharge of their duties. We hold that all journalists should be committed to practising their profession in an ethical, fair and balanced manner according to a commonly agreed to Code of Conduct established after a democratic and consultative process. 8. Media Training. We hold that journalism training institutions are critical for the development of the profession, and therefore should be supported as far as is possible to train new entrants to the profession through ensuring academic freedom of the same, access to technological and relevant equipment. We hold that all media employers should not in any way hinder or interfere with the training of their employees through seminars, workshops and press clubs and media centres. We also urge media houses and media organisations to actively promote internships, on the job training to both their employees as well as media students. 9. New Media and Information Communication Technologies (ICTs) We hold that the use of ICTs is a key component in the development of alternative/new media and that all efforts should be undertaken to ensure access to these new technologies. This should be undertaken through enacting democratic legislation and monitoring access to ICTs by citizens of Zimbabwe. 10. Gender and the Media. We hold that the fair coverage of both men and women in the media is a key component of any democratic media and that all media should strive to ensure that this is an established reality. This should be done through the establishment of internal gender and the media policies within media houses both in terms of news coverage as well as employment policies. 11. The Media and Civil Society We hold that civil society organisations and community based organisations are an essential component of any democratic society, and therefore encourage, as far as is possible, the establishment of progressive linkages between civil society and the media, for the enhancement of democracy and good governance. 12. Media Development and Support We hold that given the underdeveloped nature of Zimbabwe’s media, an independent and free from political interference media development and support organisation be established by all media stakeholders to ensure that all necessary technical assistance is given to the latter. Conclusion MISA-Zimbabwe is of the firm view that the restricted media environment in so far as it pertains to media diversity, pluralism and independence ostensibly arises from the absence of a constitutional provision that explicitly guarantees media/press freedom as this leaves room for the enactment and continued existence of restrictive legislation such as AIPPA, BSA, Criminal Law (Codification and Reform) Act, Official Secrets Act, Insult Laws and the Interception of Communications Act (ICA) among others. And as Zimbabwe embarks on its constitutional reform process it becomes even more imperative that media self-regulation underpinned by a constitutional provision guaranteeing media freedom and the establishment of an independent broadcasting and telecommunications authority is the best system of instilling professionalism in the media as well as an incentive for potential investors to invest in the media sector. A free press as opposed to one controlled by the state as envisaged in terms of the proposed ZMC, will assist in keeping the Executive at arms length and foster media diversity, pluralism, independence and responsible journalism through a self-regulatory mechanism accountable to the reading and viewing public. The media will thus be better placed to play an effective watchdog role over the three arms of the state as well as allowing the public to enjoy greater access to information and enjoyment of freedom of expression. |
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