(MISA/IFEX) – Zimbabwean journalists now risk spending 20 years in jail following the signing into law by President Robert Mugabe of the Criminal Law (Codification and Reform) Bill, which introduces stiffer penalties against the publication of falsehoods. The Criminal Law (Codification and Reform) Bill Chapter 9:23, which was passed by Parliament at the end of […]
(MISA/IFEX) – Zimbabwean journalists now risk spending 20 years in jail following the signing into law by President Robert Mugabe of the Criminal Law (Codification and Reform) Bill, which introduces stiffer penalties against the publication of falsehoods.
The Criminal Law (Codification and Reform) Bill Chapter 9:23, which was passed by Parliament at the end of 2004, was gazetted on 2 June 2005, after the president assented to it. The date it comes into force is still to be published by Statutory Instrument.
The act introduces harsher penalties than those provided for under the Public Order and Security Act (POSA) and Access to Information and Protection of Privacy Act (AIPPA).
A journalist convicted of contravening Section 31(a) of the act could face a prison sentence not exceeding 20 years or a fine of up to Z$2,5 million (approx. US$555) or both a fine and imprisonment.
Under Section 15 of POSA, which is similar to Section 31 of the Codification Act, one is liable to a five-year jail term or alternatively a fine of Z$100,000 (approx. US$11) or both imprisonment and a fine.
Section 31(a) of the act, which is almost a regurgitation of Section 15 of POSA, makes it an offence for anyone inside or outside Zimbabwe to publish or communicate to any other person a statement which is wholly or materially false with the intention or realising that there is real risk or a possibility of any of the following:
– Inciting or promoting public disorder or public violence or endangering public safety.
– Adversely affecting the defence or economic interests of Zimbabwe.
– Undermining public confidence in a law enforcement agency, the Prison Service or the Defence Forces of Zimbabwe.
– Interfering with, disrupting or interrupting any essential service.
An offence will still have been committed even if the publication or communication does not result in any of the envisaged scenarios.
Section 31(b) of the act deals with issues extracted from Section 80 of AIPPA, as regards offences related to publishing or communicating falsehoods.
Under AIPPA, once convicted, one is liable to two years’ imprisonment or a Z$400,000 (approx. US$44) fine. In terms of the Codification Act, one facing a conviction under Section 31 (b) is now liable to a 20-year jail term or Z$2,5 million (approx. US$273).
Meanwhile, Section 33 of the Codification Act is similar in all respects to Section 16 of POSA. It refers to “undermining the authority of or insulting the President”.
This section was taken from Section 46 of the repealed Law and Order Maintenance Act (LOMA), which preceded POSA. It prohibits the making, publicly and intentionally, of any false statement (including an act or gesture) about or concerning the President or Acting President if the person knows or realises that there is a risk or possibility of engendering feelings of hostility towards or causing hatred, contempt or ridicule of him, whether in his official or personal capacity.
It also stipulates that it is an offence to make an abusive, indecent, obscene or false statement about the President, also in his official or personal capacity.
POSA imposes a fine of Z$20,000 (approx. US$2) or a one-year jail term or both fine and imprisonment. The Codification Act raises the fine to Z$200,000 (approx. US$22) while the prison term remains the same.