301:
reduce the
Commission’s neutrality and independence which is one of the Declaration of Principles on Freedom of Expression in Africa principles. The Zimbabwe Lawyers for Human Rights and The Legal Resources Foundation versus The President of the Republic of Zimbabwe and the Attorney-General case indicates that the decision on whether to disclose publicly held information is rather a policy decision made by politicians and not by the courts and set a wrong precedent to those that might think of appealing against refusals by heads of public offices.
26:
256:. Regarding the access of information, it is up to the Commission to decide about appeals against refusals regarding requests on access of information and to authorise public bodies to disregard requests that might interfere with the operation of the respective body. Its other main functions are to ensure the access of Zimbabweans to
309:“Imposing special registration requirements on the print media is unnecessary and may be abused and should be avoided. Registration systems which allow for discretion to refuse registration (…) which are overseen by bodies which are not independent of government are particularly problematical (p. 31).
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stating that everyone should have the right to access information held by public bodies
Declaration of Principles on Freedom of Expression in Africa. After the request is made, a response on behalf of the public office regarding the applicability should be sent within 30 days. However, these 30 days
300:
In this context, terms such as public morality are not further defined. Critics of the Media and
Information Commission span from its comprehensive authority and competences to its organisation. The organisation structure is subject to concern for critics suggesting that the strong government ties
296:
operating without a certificate and abuse of journalistic privileges are penalised with a fine and up two years of imprisonment. Abuse of journalistic privileges is further defined by intentional and unintentional false information or statements threatening the interests of defence, public safety,
53:
An Act to provide members of the public with a right of access to records and information held by public bodies; to make public bodies accountable by giving the public a right to request correction of misrepresented personal information; to prevent the unauthorised collection, use or disclosure of
146:
Amendments were made in 2003 concerning the definition of mass media services, journalistic abuses and heads of offices (Media
Institute of Southern Africa, 2003) and 2005 with regard to the imprisonment of journalists According to the official Zimbabwean government position, Canada’s information
313:
Remarkably, the provision on registering are rather broad, covering even the smallest and irregular forms as well as all forms of digital and electronic publications. According to ARTICLE 19, there are also serious concerns regarding the sanctioning of breaches of the AIPPA granting considerate
322:
Due to the non-transparent nature of the
Information and Media Commission it is rather difficult to gather reliable data regarding the number of people who were granted access to information under AIPPA. However, it is worth noting that as of 2006, there could be just one successful case be
304:
Furthermore, the outlined process of registering does not correspond to the UN Special
Rapporteur on Freedom of Opinion and Expression, the OSCE Representative on Freedom of the Media and the OAS Special Rapporteur on Freedom of Expression as stated in a Declaration of 18/12/2003:
339:
that were banned in 2002 until the ban was lifted in 2009. The government made use of AIPPA and the 2004 Criminal Law to prosecute critical journalists and activists during the 2008 election crisis. More recently, AIPPA enabled the detainment of seventeen journalists in 2013.
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discretion to political actors such as the minister. Furthermore, it is feared that the deterring effect of this strict, normally “last resort” sanctions such as termination and suspension will have a negative impact of the freedom of expression.
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personal information by public bodies; to protect personal privacy; to provide for the regulation of the mass media; to establish a Media and
Information Commission and to provide for matters connected therewith or incidental to the foregoing.
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information on the grounds of ethical and professional standards by exercising control on respective services. Therefore, the commission is entitled to conduct investigations, decide upon journalists’ accreditation as well as to regulate
239:, the right of information can be considered largely “illusory” due to the extensive list of exemptions as well as due to the fact that appeals against refusals procedure rely on the government dependent Media and Information Commission.
326:
Information gathering difficulties and small numbers of successful requests can be contrasted with high numbers of independent newspapers being shut down and journalists arrested in the aftermaths of AIPPA. According to
247:
The establishment and functions of the Media and
Information Commission are laid out in Part IV of AIPPA. The Media and Information Commission is organised by a board where all members are appointed by the
174:
on
Freedom of Opinion and Expression because of severe media restrictions. Following the massive critique, David Banisar stated that AIPPA is a rather cynic name for a media suppressing law.
170:
by the establishment of a Media and
Information Commission. Especially the latter is subject to harsh critique from various governments, non-governmental organisations and the
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can be extended on the grounds of various reasons with the agreement of the Media and Information Commission. One possible reason might be that the request is not in the
249:
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or holders of temporary employment, residence permit or students permit are eligible to make a request. Foreign nationals and agencies as well as unregistered
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133:
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AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS, 'SEVENTEENTH ANNUAL ACTIVITY REPORT OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS 2003 - 2004' (
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391:
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There is a variety of exemptions where information can always be withheld ranging from deliberation of the cabinet, details of policy advice to
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Zimbabwe Lawyers for Human Rights and The Legal Resources Foundation versus The President of the Republic of Zimbabwe and the Attorney-General
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services have to register with the commission in order to obtain a certificate and to reapply for its renewal after two years.
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The AIPPA shall provide a legal framework for the access and conduct of requesting information from public bodies and
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528:
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280:. Similar provisions can be found within the matter of journalists’ accreditation, also just limited to Zimbabwean
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suggests, it was rather the context of the growing opposition party and the nearly electoral defeat of the ruling
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and governmental relations should be disclosed, is subject to the public office’s discretion This reverses the
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392:
http://www.humanrightsinitiative.org/programs/ai/rti/international/laws_papers/intl/global_foi_survey_2006.pdf
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is considered being a driving factor for disclosing documents. According to the non-governmental organisation
621:'Joint Declarations Of The Representatives Of Intergovernmental Bodies To Protect Free Media And Expression'
477:
523:
MISA-Zimbabwe and ARTICLE 19, 'The Access To Information And Protection Of Privacy Act: Two Years On' (
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MISA-Zimbabwe and ARTICLE 19, 'The Access To Information And Protection Of Privacy Act: Two Years On' (
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MISA-Zimbabwe and ARTICLE 19, 'The Access To Information And Protection Of Privacy Act: Two Years On' (
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legislation served as an inspiration for the AIPPA However, the non-governmental organisation
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Controlling Knowledge: Freedom of information and privacy protection in a networked world. (
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http://www.achpr.org/files/activity-reports/17/achpr34and35_actrep17_20032004_eng.pdf
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132:(AIPPA) was passed in 2002 by the Zimbabwean Parliament under the majority of the
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224:
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https://www.article19.org/data/files/pdfs/publications/zimbabwe-aippa-report.pdf
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https://www.article19.org/data/files/pdfs/publications/zimbabwe-aippa-report.pdf
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https://www.article19.org/data/files/pdfs/publications/zimbabwe-aippa-report.pdf
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In terms of regulation, AIPPA restricts the ownership or shareholding of
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https://www.ucl.ac.uk/constitution-unit/research/foi/countries/zimbabwe
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Declaration of Principles on Freedom of Expression in Africa 2002, c. 7
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pushing for more restrictive laws on independent and government media.
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https://freedomhouse.org/report/countries-crossroads/2010/zimbabwe
651:'Zimbabwe | Country Report | Countries At The Crossroads | 2010' (
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identified where the opposition party was granted access to data.
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https://cpj.org/2014/02/attacks-on-the-press-in-2013-zimbabwe.php
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Supreme Court of Zimbabwe, SC 12/03 (Supreme Court of Zimbabwe).
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David Banisar, 'FREEDOM OF INFORMATION AROUND THE WORLD 2006' (
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The Access to Information and Privacy Act 2002, s. 72, s. 80
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The Access to Information and Privacy Act 2002, s. 19-21
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The Access to Information and Privacy Act 2002, s. 80
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The Access to Information and Privacy Act 2002, s. 65
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The Access to Information and Privacy Act 2002, s. 50
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The Access to Information and Privacy Act 2002, s. 39
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The Access to Information and Privacy Act 2002, s. 40
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The Access of Information and Privacy Act 2002, s. 14
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The Access to Information and Privacy Act 2002, s. 11
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The Access of Information and Privacy Act 2002, s. 5
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The Access To Information and Privacy Act 2002, c. 5
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the African Commission on Human and Peoples’ Rights
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Access to Information and Protection of Privacy Act
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Access to Information and Protection of Privacy Act
198:are excluded. This contrasts with chapter four of
134:Zimbabwe African National Union – Patriotic Front
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582:The Access to Information and Privacy Act, s. 79
372:The Access to Information and Privacy Act 2002
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627:https://www.osce.org/fom/99558?download=true
668:'Attacks On The Press In 2013: Zimbabwe' (
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272:services to anyone other than Zimbabwean
219:. However, whether information regarding
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629:accessed 18 March 2017.
531:accessed 18 March 2017.
480:accessed 18 March 2017.
428:accessed 18 March 2017.
411:accessed 18 March 2017.
394:accessed 18 March 2017.
363:accessed 18 March 2017.
697:Zimbabwean legislation
223:, economic interests,
75:Parliament of Zimbabwe
34:Parliament of Zimbabwe
192:permanently residents
178:Access to Information
172:UN Special Rapporteur
102:Official Secrets Act
288:. Furthermore, all
286:permanent residents
278:permanent residents
638:Lorna Stefanick,
525:www.article19.org
422:www.article19.org
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707:2002 in law
318:Application
107:Repealed by
92:1 July 2020
686:Categories
344:References
294:Mass media
290:mass media
270:mass media
265:services.
263:mass media
258:mass media
237:ARTICLE 19
211:Exemptions
196:mass media
168:mass media
149:ARTICLE 19
45:Long title
474:Ucl.ac.uk
254:President
81:Commenced
672:, 2013)
655:, 2010)
625:, 2013)
527:, 2004)
424:, 2004)
407:, 2004)
390:, 2006)
359:, 2004)
335:and the
282:citizens
274:citizens
229:openness
188:Zimbabwe
184:citizens
121:Repealed
89:Repealed
63:Citation
670:Cpj.org
164:privacy
153:ZANU-PF
118:Status:
97:Amends
157:2000
128:The
284:or
276:or
186:of
155:in
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