Police in Zimbabwe on Tuesday, 19 February,
2013 banned the possession of "specially designed radios" and other
communication devices on suspicion they are being used to communicate
hate speech ahead of Zimbabwe's March referendum and general elections.
Police spokesperson, Assistant Commissioner Charity Charamba, told a
news conference in Harare that possession and distribution of the
devices in question was illegal.
She further accused some political parties of distributing the
'illegal devices' to unsuspecting members of the public with the
intention "to sow seeds of disharmony within the country especially now
that the country is about to embark on the referendum and harmonised
elections".
The ban against the "specially designed radios" and communication
devices came in the wake of a police raid on the offices of the Zimbabwe
Election Support Network (ZESN) offices in Harare and the southern town
of Masvingo.
Although the Zimbabwe Chapter of the Media Institute of Southern
Africa (MISA-Zimbabwe) is not certain as to the exact specifications of
the "specially designed radios" referred to by Charamba, these, however,
could be transistor or portable radios being distributed to enhance
citizens' right to access to information especially in remote areas that
do not have access to mainstream media.
MISA-Zimbabwe position
MISA-Zimbabwe notes with grave concern the recent move by police to
confiscate "communication devices" from the public, which devices
according to the State-owned newspaper, The Herald, of Wednesday, 20
February 2013, includes radio sets.
Of particular concern to MISA-Zimbabwe is the lack of clarity on what
exactly these "communications devices" that were confiscated were, as
well as the lack of clarity on what basis the radio sets or their
distribution is also deemed illegal.
MISA-Zimbabwe calls upon the police to specifically state the exact
nature of the illegal devices and the relevant laws that criminalise
their possession as opposed to arbitrary actions that infringe on
constitutionally guaranteed freedoms.
It is not clear as yet, on what basis possession of devices such as
radios meant to receive broadcasting services can be deemed illegal as a
reading of section 38B of the Broadcasting Services Act states that one
is not prohibited from possession of a receiver as long as it is in
accordance with the terms and conditions of a listener's licence as
issued by the Zimbabwe Broadcasting Corporation (ZBC).
The importance of a radio set cannot be over-emphasised as it is a
generally affordable gadget used for receiving information by the
public. The right to receive and impart information and ideas is
enshrined in Section 20 of the current constitution as a vital component
of citizens' right to freedom of expression.
This same right is also enshrined in Article 9 of the African Charter
on Human and People's Rights of which Zimbabwe is party to.
Access to information is a fundamental part of freedom of expression,
which will assist citizens in making informed decisions and choices
during the referendum and the forthcoming elections.
It is therefore critical that the police in their efforts to maintain
law and order should not unilaterally infringe the public's right to
information, especially as the country heads for the referendum and
elections.
(Source: Press Release via Media Institute of Southern Africa via allAfrica.com)
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