admin
Mukudzei Chingwere, Herald Reporter
GOVERNMENT is dedicated to balancing the constitutional right to freedom of expression with the need to protect citizens from unlawful digital harm, Information, Publicity and Broadcasting Services Minister Dr Jenfan Muswere has said.
His remarks come amid growing concerns over the impact of social media and digital communication on public discourse and individual rights.
There is flagrant and brazen violation of the laws by self-appointed superstar social media activists.
Law enforcement agents, the minister said, will not hesitate to arrest anyone.
Dr Muswere noted that while the Government respects and supports democratic processes and the growth of the media industry, there is a clear legal framework that prohibits the violation of other people’s rights.
“As Government we have been scanning the mainstream media, social media platforms and the utilisation of information communication technology systems in terms of broadcasting,” said Dr Muswere.
“Also to highlight to the people of Zimbabwe that the Constitution guarantees the freedom of expression, but not the right to violate other citizens’ rights, which remains illegal.
“The Government of Zimbabwe supports the democratic processes and democratic structures in our country, it also supports the growth of the media industry in Zimbabwe and also the rights of all journalists including all the people in Zimbabwe.”
Dr Muswere highlighted the importance of responsible communication in the digital age, warning against the misuse of information technology.
Citing the Criminal Law Codification and Reform Legislation and the Cyber and Data Protection Act, Chapter 12.07, the Minister outlined that any individual who unlawfully uses electronic platforms to intimidate or harass others could face severe consequences, including fines or imprisonment for up to 10 years.
“Any person who unlawfully and intentionally by means of an ICT system generates and sends any data message to another person, or posts on any material whatsoever on any electronic medium accessible by any person, with the intent to coerce, intimidate, harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment.”
Sending threatening data message
(1) Any person who unlawfully and intentionally by means of a computer or information system sends any data message to another person threatening harm to the person or the person’s family or friends or damage to the property of such persons shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
(2) Any person who up skirts and records nude images or videos of a citizen or a foreigner who is resident in Zimbabwe without consent shall be guilty of an offence and liable to a fine not exceeding level 10 or imprisonment for a period not exceeding 5 years or both such fine or such imprisonment.
Cyber-bullying and harassment Any person who unlawfully and intentionally by means of a computer or information system generates and sends any data message to another person, or posts on any material whatsoever on any electronic medium accessible by any person, with the intent to coerce, intimidate, harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.
“Transmission of false data message intending to cause harm
Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes data to any other person concerning an identified or identifiable person knowing it to be false with intend to cause psychological or economic harm shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
“Spam Any person who intentionally and without lawful excuse—
(a) uses a protected computer system to relay or retransmit multiple electronic mail messages, with the intent to deceive or mislead recipients or any electronic mail or internet service provider as to the origin of such messages; or
(b) materially falsifies header information in multiple electronic mail messages and initiates the transmission of such messages; shall be guilty of an offence and liable to a fine not exceeding level 5 or o imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
Online Reporter