By Lerato Ndhlovu
Various media stakeholders and players under the Media Alliance of Zimbabwe (MAZ) has noted with concern the notice of the amendment to the Zimbabwe Media Commission (ZMC) Bill (H.B. 8, 2019) gazette by the Ministry of Information, Publicity and Broadcasting Services on December 16 2019.
In a statement issued by MAZ it states that amendments by the government are inadequate and fall far short of the expectations of media stakeholders and of the citizens of Zimbabwe because they do not address issues around provisions that criminalize and externalize freedom of expression for journalists.
“It is MAZ considered view that these amendments are inadequate and fall far short of the expectations of media stakeholders and indeed of the citizens of Zimbabwe, taking into account submissions made by members of the public during the Parliamentary public consultations on the ZMC Bill.” It read.
The statement noted that crucial concerns that deal with the infringement of freedom of expression has been deliberately left out in the bill.
“In essence, the amendment does not in any way address the contentious issues around provisions that criminalize journalism and by extension freedom of expression, the involvement of the police in professional investigations and clauses that compromise the independence of the ZMC, a standard prescribed in the Constitution, among other issues tabled before the Ministry and the Parliamentary Portfolio Committee on Media,” it read.
In the three gazette amendments, the government took the minimal approach in extracting constitutional provisions that empower the ZMC hence going against the demands of media stakeholders and not in sync with the African Charter on Human and Peoples Rights.
“Government, under spotlight to implement genuine media reforms, gazetted three amendments, that chose to take a minimalist approach in giving effect to co-regulation by merely extracting Constitutional provisions that empower the ZMC to delegate some of “its functions under section 249 (1)(e) and 2 to any regulatory body for media practitioners set up under the law.” This delegation can be extended “to any other person any other duty, power or function under this (ZMC) Act; expect the power to delegate in terms of this section,” it reads.
The major issue left out by the bill is to do with the regulation of the country’s media space. MAZ suggests that by not clearly spelling out issues to do with regulation, the bill seems to leave statutory regulation at play which is against the world trends of media regulation.
“While these provisions appear to be providing the way for the realization of a co-regulatory framework for the media in Zimbabwe, the vagueness of this provision suggest that the self-regulatory mechanism envisaged in co-regulation will operate at the pleasure of the statutory body.
“This entrenchment of statutory regulation or token co-regulation goes against the well-documented demands of media stakeholders, the general views of the citizens and is not in sync with the African Charter on Human and People’s Rights (ACHPR) Declaration on Freedom of Expression, which Zimbabwe is party to, and the draft Media and Film Industry Policy, that the Ministry of Information, Publicity and Broadcasting Services has been consulting on, clearly spells out that the media in Zimbabwe will be co-regulated,” It read.
MAZ appealed to the government and parliament to reconsider the views expressed by the media and public as they debate the bill
“MAZ acknowledges that for the full realization of co-regulation, there will be the need for a Media Practitioners Bill that would be read together with the ZMC Bill. As such, the Alliance appeals to government and Parliament to reconsider these amendments and take into cognizance the views expressed by the media and citizens as they debate the Bill. Zimbabwe cannot afford to recline back on the reform agenda and only genuine democratic reforms can break the country out of its dark history.”
