Balancing Freedom of Expression and Digital Harm: A Legal and Media Analysis
7 February 2025 | By Wanzi Marungwara
In an era where digital communication dominates public discourse, the Zimbabwean government has reaffirmed its commitment 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 recently addressed these concerns, emphasising the importance of responsible communication in the digital age.
Social media and digital platforms have transformed the way information is shared, offering boundless opportunities for expression. Yet, they have also become tools for cyberbullying, misinformation, and harassment. Speaking on the issue, Dr. Muswere criticized the “flagrant violation of laws by self-appointed superstar social media activists,” warning that offenders will face legal action. While the government supports democratic processes and the growth of Zimbabwe’s media industry, the minister reiterated that freedom of expression does not justify infringing on others’ rights.
Zimbabwe has established a robust legal framework to combat digital misconduct. Key provisions of the Cyber and Data Protection Act, Chapter 12.07 aim to protect citizens while fostering accountability. Among these are measures against cyberbullying, harassment, and the transmission of false data messages, which carry penalties ranging from heavy fines to imprisonment. The act also criminalizes the unauthorized sharing of intimate images and the use of deceptive practices, signaling a comprehensive approach to safeguarding citizens in the digital space.
Dr. Muswere emphasized that the government’s strict measures are necessary to curb the misuse of digital platforms. Cyberbullying and harassment, for instance, can lead to emotional distress and long-term psychological harm. Similarly, the spread of false information has far-reaching consequences, from economic destabilization to eroding trust in public institutions. By enforcing these laws, Zimbabwe seeks to create an online environment that balances freedom with accountability.
The media, as a critical pillar of democracy, has a dual responsibility in this digital age. On one hand, it serves as a watchdog, holding power to account and fostering public discourse. On the other hand, it must operate within the bounds of ethical journalism and the law. Dr. Muswere’s call for responsible communication underscores the need for media practitioners to navigate the fine line between upholding freedom of expression and respecting others’ rights.
While the government’s stance aligns with global trends in addressing digital harm, ensuring that laws are applied fairly and without bias allows Zimbabwe to tackle these criticisms while preserving the integrity of its legal framework.
The digital era demands a collective effort to uphold ethical standards online. For citizens, this means using social media responsibly, avoiding harmful behavior, and holding themselves accountable for their actions. For media practitioners, it requires a commitment to truth, accuracy, and fairness in reporting.
In Dr. Muswere’s words, “The Constitution guarantees the freedom of expression, but not the right to violate other citizens’ rights.” As Zimbabwe continues to navigate the complexities of the digital age, this principle will remain central to fostering a digital landscape that is both free and fair.
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