Legally Blogging: An Awareness of the Policies that shape expression and progress in Zimbabwe

Digital platforms are increasingly being used for expression, sharing ideas and activism all over the world and Zimbabwe has not been left behind. In all this, it is of utmost importance to bear in mind the laws of the land which serve as both freedom’s firewall and a control mechanism and adhere to them. Knowledge of the legal landscape will allow for responsible expression of ideas while also navigating boundaries of lawful communication.

Laws capable of hindering Blogging in Zimbabwe

1. Cyber and Data Protection Act (2021)

The aim of this law is to regulate digital interactions regarding privacy, security and online conduct. However, some of its sections may pose challenges for bloggers, for example, Section 164 makes it a crime to publish messages intended to incite violence or cause property damage and Section 164C criminalizes the spread of “false information,” with a penalty of up to five years imprisonment.

The challenge is that this law does not clearly define what “false information” means and this grey area could potentially put bloggers at risk even when share content in good faith. In the absence of a clear standard, what qualifies as “false information” is open to subjective interpretation by the powers that be. This is an issue of concern especially for bloggers who share highly sensitive or political content as that content could be misconstrued or misrepresented to their detriment.

2. The Patriotic Bill (2023)

This law criminalizes actions which “injure the sovereignty or national interests of Zimbabwe.” It includes issues like communicating with foreign organizations or making statements seen as harmful to the country’s image, with penalties ranging from the loss of citizenship, voting rights and the death penalty in extreme cases. International advocacy and critical commentary bloggers face the risk of misinterpretation under this law.

3. Interception of Communications Act (2007)

Under this law, authorities are allowed to monitor private communications such as emails, calls, and messages where it is deemed necessary in the interests of national security or to prevent serious offenses. This raises serious privacy concerns and discourage certain conversation for fear of being caught on the wrong side of the law.

Laws and Policies that can propel blogging

Despite these challenges, not all laws work against bloggers,some actually support the right right to share, inform and build platforms responsibly.

1. The Constitution of Zimbabwe (2013)

Zimbabwe’s Constitution protects freedom of expression and access to information through Section 61 which guarantees the right to speak, write, and publish freely and Section 62 which gives every citizen the right to access information from state and public institutions. These rights provide bloggers with a strong platform to ask questions, raise issues and share opinions in a responsible and respectful manner.

2. Cyber and Data Protection Act (2021)

Although this Act has a number of restrictions, it also introduces important protections, such as the creation of a Data Protection Authority to oversee the collection and use of personal data and clear guidelines on ethical use of data to help bloggers maintain credibility and build trust with their audience.

3. Emerging Access to Information Policies

Through the Ministry of ICT, Zimbabwe is making steady progress toward open governance and digital service delivery. This shift aims to benefit bloggers with opportunities to access public data, budgets, policy documents and development reports. This will be promote evidence-based content, especially around service delivery, transparency and accountability.

With the growth of digital platforms in Zimbabwe which have created spaces for social, political and civic discourse, there has been a rise in the laws which regulate the space. It is crucial for bloggers to remain informed about these legal frameworks and to approach content creation with both awareness and responsibility.