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MISA Zimbabwe Internet Laws 2016 Internet Governance in Zimbabwe An analysis of legislation in Zimbabwe that has an impact on the use of the internet. MISA Zimbabwe would like to acknowledge the following: Otto Saki - Researcher Hivos - Partner Published by MISA Zimbabwe www.misazim.com ©2016 Misa-Zimbabwe All Rights Reserved CONTENTS Introduction 1 Internet use in Zimbabwe 3 Who owns Internet? 4 Internet usage 4 Legislative and Regulatory Framework 5 Constitution 5 Right to human dignity 5 Right to Personal Security 6 Right to Privacy 7 Freedom of Expression and Freedom of the Media 8 Access to Information 8 Limitation of Rights 9 Regulatory Legislation 10 Postal and Telecommunications Act 10 Interception of Communications Act 11 Criminal Law (Codication Reform) Act (CODE) 11 Censorship and Entertainment Controls Act 12 Access to Information and Protection of Privacy Act 13 Consumer Contracts Act 13 Copyright Right and Neighbouring Rights Act 14 Regulatory and Oversight Bodies 15 Cabinet Committee on Scientic Research, Technology Development and Applications 15 Monitoring of Interception of Communications Centre 15 Postal and Telecommunications Regulatory Authority (POTRAZ) 15 Zimbabwe Media Commission 16 Broadcasting Authority of Zimbabwe 16 Consumer Council of Zimbabwe 16 Zimbabwe Internet Service Providers Association 17 Zimbabwe Internet Governance Forum 17 Incidents of Breach of Rights 18 State vs. Edmund Kudzayi and Another (Baba Jukwa) 18 State vs. Vikas Mavhudzi 19 International and Regional Law and Practices 20 ICCPR, General Comments and Special Rapporteur on Freedom of Expression 20 UN Special Rapporteur on Right to Privacy 20 African Union Convention Cyber Security and Personal Data Protection in Africa 21 African Charter on Human and Peoples Rights and Associated Declarations 21 Tunis Commitment and Tunis Agenda for the Information Society (2005) 22 Recommendations and Conclusions 23 Personal and Privacy Data/Personal Data Protection Bill 23 Information Communication Technology Bill 24 Cyber Crimes Bill 24 Consumer Protection Bill 24 Electronic Commerce Bill 24 National ICT Policy Implementation 24 Zimbabwe Internet Governance Forum 25 Civil Society Internet Rights Watch/Forum 25 25 and policies in place are not concerned with facilitation individual lives” This is not to suggest that the technical access content net neutrality use and furtherance of funda matters are not important the research terms are conning Introduction mental rights and freedoms as enshrined in the Constitution to those matters The terms of reference intends to; or other international norms that Zimbabwe has ratied and acceded Unfortunately the current framework that could be • Summarise internet use in Zimbabwe including mobile Introduction arguably dened as internet governance framework is access⁄social media trends Internet use in Zimbabwe concerned more with control security and restrictions These Who owns Internet? regulations and measures have been adopted as part of the • Detail existing and pending legislation and policy measures Internet usage ordinary laws on access to information regulation of commu around internet governance in Zimbabwe including legisla nications or ordinary setting up of communications and tion that appears unrelated to internet use but have impact Legislative and Regulatory Framework internet infrastructure Constitution • Give recommendations on policy directions the country Right to human dignity This paper is focusing on internet governance as it relates to should take towards democratic internet governance Right to Personal Security the “issues concerned with the use of the Internet – the ways Right to Privacy in which it impacts on society economy politics culture and Freedom of Expression and Freedom of the Media Access to Information Limitation of Rights Regulatory Legislation Postal and Telecommunications Act Interception of Communications Act Criminal Law (Codication Reform) Act (CODE) Censorship and Entertainment Controls Act Access to Information and Protection of Privacy Act Consumer Contracts Act Copyright Right and Neighbouring Rights Act Regulatory and Oversight Bodies For purposes of this research, the denition of should ordinarily be interested in issues of access, Cabinet Committee on Scientic Research, Technology Development and Applications internet governance as adopted by World Summit for security, diversity and openness. These were the Monitoring of Interception of Communications Centre Information Society (WSIS) will be used, which is the inaugural themes for the rst internet governance Postal and Telecommunications Regulatory Authority (POTRAZ) development and application by Governments, the forum (IGF) meeting. Zimbabwe Media Commission private sector and civil society, in their respective Broadcasting Authority of Zimbabwe roles, of shared principles, norms, rules, The involvement of private sector and civil society in Consumer Council of Zimbabwe decision-making procedures, and programmes that internet governance is critical. In many jurisdictions Zimbabwe Internet Service Providers Association shape the evolution and use of the Internet. The private sector constitutes a signicant enabler, active Zimbabwe Internet Governance Forum internet society denes internet governance as a participant and an equal threat to actual enjoyment Incidents of Breach of Rights broad term used in many dierent contexts, [which] of rights and freedoms associated with the internet applies to activities as diverse as the coordination of more than the state. In restrictive environments, State vs. Edmund Kudzayi and Another (Baba Jukwa) technical standards, the operation of critical internet service providers (ISPs), are proactive in State vs. Vikas Mavhudzi infrastructure, development, regulation, legislation censoring or ltering information on websites and International and Regional Law and Practices and more. The denition by the WSIS captures all the trac. An appropriate example of such is China, essential aspects and includes the dierent actors where several companies were actively supporting ICCPR, General Comments and Special Rapporteur on Freedom of Expression such as, private sector, civil society and government. the government in censorship, these include Yahoo UN Special Rapporteur on Right to Privacy From the denition it is clear that there is apprecia- Inc!, Google. Inc, Microsoft Corporation and Skype. African Union Convention Cyber Security and Personal Data Protection in Africa tion of the dierent roles and responsibilities of These companies responded, eectively expressing African Charter on Human and Peoples Rights and Associated Declarations stakeholders in internet governance matters. Shared the need to conduct business and compliance with Tunis Commitment and Tunis Agenda for the Information Society (2005) principles do exist but informed by sectoral interests. the laws of China including to provide the service Recommendations and Conclusions Ordinarily government and states lead in the devel- under censorship laws than not providing such at all. opment of governance frameworks to regulate or This is not an unusual response. Personal and Privacy Data/Personal Data Protection Bill facilitate particular activities, relationships, contracts Information Communication Technology Bill between juristic and natural persons, between The government’s role in internet governance frame- Cyber Crimes Bill persons, between juristic persons. While public and work is dierent from other communications gover- Consumer Protection Bill private law remains, it is always grounded in some nance framework which evolved entirely under the Electronic Commerce Bill government led frameworks. Internet governance domain of government or the state. The current laws National ICT Policy Implementation Zimbabwe Internet Governance Forum 1 WSIS, Tunis Agenda for the Information Society, 2005, para. 34, Civil Society Internet Rights Watch/Forum 2 Avri Doria and Wolfgang Kleinwächter (eds) Internet Governance Forum(IGF) The First Two Years. Retrieved from: http://www.intgovforum.org/cms/documents/publications/172-in- ternet-governance-forum-igf-the-rst-two-years/le (accessed 17 June 2015) 3 Human Rights Watch “Race to the Bottom” Corporate Complicity in Chinese Internet Censorship, 2006 4 Supra, Yahoo! issued a press release titled “Our Beliefs as a Global Internet Company,” in which the company made the following commitments: As part of our ongoing commitment to preserving the open availability of the Internet around the world, we are undertaking the following: Collective Action: We will work with industry, government, academia and NGOs to explore policies to guide industry practices in countries where content is treated more restrictively than in the United States and to promote the principles of freedom of speech and expression. Compliance Practices: We will continue to employ rigorous procedural protections under applicable laws in response to government requests for information, maintaining our commitment to user privacy and compliance with the law. Information Restrictions: Where a government requests we restrict search results, we will do so if required by applicable law and only in a way that impacts the results as narrowly as possible. If we are required to restrict search results, we will strive to achieve maximum transparency to the user. Government Engagement: We will actively engage in ongoing policy dialogue with governments with respect to the nature of the Internet and the free ow of information. 1 and policies in place are not concerned
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