The Public Order and Security Act and the Access to Information and Protection of Privacy Act, both passed into law in January this year, directly assault the right of all Zimbabwean citizens to express themselves freely and without fear. Following is a synopsis of each piece of legislation and a summary of their effects.

The Public Order and Security Act

This act makes it illegal to undermine the authority of the president or make false statements about him. It has been so vaguely worded as to make any criticism of the president, however mild, liable to have its author arrested and charged. It extends the already sweeping colonial-era Law and Order Maintenance Act, under which many journalists have been charged for defamation of the president or government ministers.

The Access to Information and Protection of Privacy Act

This act, which was actually declared unconstitutional by the Zimbabwean parliament's Legal Committee, is also a direct assault on the rights of all Zimbabwean citizens. The power afforded by the bill to the government to decide which local journalists may practice their profession and which may not is one that is clearly open to abuse. It will also undoubtedly lead to the practice of self-censorship by journalists wishing to seek accreditation or to remain accredited. Furthermore, it calls for the enforced registration of foreign journalists and the outright prohibition of foreign media owners.

The introduction of fees for access to state-owned information, and the power given to public officials to deny access to such information on whatever grounds, must also be seen as retrograde steps on the path to an open society.

In the first six months of its application, the Access to Information and Protection of Privacy Act was used at least 14 times to arrest journalists in Zimbabwe. The United Nations Special Rapporteur on Freedom of Opinion and Expression, Abid Hussain, wrote a letter to President Mugabe on February 1, 2002, that the act would "give rise to excessive government control over the media."

On October 11, 2002, the Zimbabwean government announced its intention to take to parliament a Bill to amend the AIPPA. It is reported the amendments are meant to plug what the government calls "loopholes" in the media law. However, many of the so-called "loopholes" amount to nothing in offering a reprieve to media houses and journalists. On October 21 the Media Institute of Southern Africa reported the proposed amendments to the AIPPA will result in the Media and Information Commission being firmly put in the hands of the Minister of Information and the strengthening of its repressive clauses. To read more on the specific implications of such amendments, visit the MISA's alert on the IFEX Network.

A more detailed analysis of the revised act by the London-based ARTICLE 19 may also be accessed at: http://www.article19.org/docimages/1262.doc

How the two acts of parliament together restrict freedom of expression in Zimbabwe:

• The exceptions to the right to information are so widespread that there is, in reality, no such right;

• Severe restrictions are placed on what the media is allowed to publish;

• All journalists and newspapers must register with a government-controlled body, the Media and Information Commission. The fees for registration are prohibitive and journalists must re-register every 12 months and must hold prescribed qualifications, which will promote the practice of self-censorship for those to seeking accreditation;

• The authorities have wide-ranging powers to stop demonstrations.