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MISA-Zimbabwe
statement on proposed ICT Bill
MISA-Zimbabwe notes current efforts by the Attorney-General’s
Office to develop an Information Communication Technologies
(ICT) Bill through the circulation of a questionnaire which
among other considerations seeks to identify shortfalls in
ICT related legislation in Zimbabwe.
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The Posts and Telecommunications Act, Access
to Information and Protection of Privacy Act (AIPPA) and the
Broadcasting Services Act (BSA) are identified as some of the
laws that will be taken into consideration towards the development
of a national ICT Bill. The questionnaire therefore seeks to
establish whether the three laws in question have overlapping
functions and whether it is possible to consolidate them into
one Act.
It is MISA-Zimbabwe’s strong submission that in their present
state the laws in question and BSA and AIPPA in particular, do
not even meet the benchmarks for the enactment of a progressive
and democratic national ICT legislation more so as it relates
to the establishment of an independent converged broadcasting,
ICT, cellular and telecommunications regulatory authority.
The long term viability of the broadcasting, telecommunications
and ICT sectors lies in securing the independence of their regulatory
frameworks. The argument for the independence of regulators in
the field of telecoms, broadcasting and technological convergence
is guided by several regional and continental covenants such
as the African Charter on Broadcasting (ACB), African Union (AU)
Declaration on Principles of Freedom of Expression in Africa
and the SADC Protocol on Culture, Information and Sport.
The Independent Communications Authority of South Africa (ICASA)
is hailed as a model independent regulator on the continent.
It is MISA-Zimbabwe’s argument that the manner in which
the Zimbabwean regulators namely the Broadcasting Authority of
Zimbabwe (BAZ) under the BSA, the Posts and Telecommunications
Regulatory Authority of Zimbabwe, and Media and Information Commission
under AIPPA, are constituted makes them susceptible to direct
political interference. AIPPA through the MIC imposes statutory
regulation in breach of the Banjul Declaration on the Principles
of Freedom of Expression in Africa while BAZ is hostage to the
whims and dictates of the Executive in violation of the African
Charter on Broadcasting.
These bodies need to be replaced by a truly independent communications
regulator that will oversee these sectors. This new regulator’s
independence must be guaranteed by the law and must have financial,
structural and functional independence in order to regulate the
sector effectively and impartially for the development of the
ICT sector to be guaranteed.
It is MISA-Zimbabwe’s submission that regulation should
be undertaken for purposes of promoting freedom of speech and
access to information. The extent to which a country is said
to be democratic is the extent to which it is seen to actively
promote free expression and communication between the people
and their leaders through such institutions as the media.
We posit that one of the ways of promoting free expression and
communication is through the creation of an enabling environment
for media freedom through, among other considerations, establishing
a truly independent regulator to regulate the country’s
communications sector in the public interest, free of any political,
commercial or individual self-interest.
It is therefore, MISA- Zimbabwe’s humble submissions that
the Attorney General Office and the government in general in
its quest to come up with a national ICT Bill should be guided
by the following principles that govern the operations of independent
regulatory bodies:
there should be clear separation of powers, with the government
being responsible for policy development, an independent body
being responsible for the implementation of policies and regulating
the sector whilst privately owned media concentrates on service
provision.
regulation should be done in the public interest, with the aim
of: creating and maintaining order in the sector, establishing
fair competition and quality service, promoting free speech,
access to information as well as consumer protection.
providing distinct legal mandate of the regulator’s duties
and responsibilities, free of ministerial, commercial or private
control.
Involving every one, that is, the executive, legislature, civic
society, business and the general public in the appointment process
of the regulator’s board.
Nyasha Nyakunu
Research and Information Officer
MISA-Zimbabwe
84 McChlery Drive
Eastlea
Harare
Zimbabwe
Telefax: +263 4 776165/746838
Cell: +263 11 602 448
Email: misa@misazim.co.zw
Website: www.misazim.co.zw
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