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A regional newsletter covering media and freedom of expression developments in Southern Africa.

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Published by theaccentnews, 2020-12-01 04:55:28

The Accent December

A regional newsletter covering media and freedom of expression developments in Southern Africa.

Keywords: Journalism and media,Zimbabwe,Lesotho,Zambia,Malawi

I SI SS SUUE E 171 • • MNMAOARVRCEMCHHBE2R20202020200
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the government or the ruling party, litical, social, cultural and ideological cdaedmreromyciornacgtriasotinisuginttghitehsmememdaeiandidsaeascteteocr.toinr itnhethreegreiognio.n.
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pices of the Media Alliance of Zimba- discosidansuoTosle,norusoiectramsoficufsaoeanfucpftkertnieircenturtsgiitendphstgehlaipesntchliaretepccimtreoiotcoiimznircteeoitzonrefesmnon.cfssouoi.cdsrueeosnrocstnahutsraevutigrvvaioitvl raiils- hSoaSunothduetlhrenedrAntfrAhicferaic.aap. plication of television
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progressive protectionism in relationThTbehrwereies (iasMnaAontZao)btaletbhlgeartogwrohiwnagidnsgorsacoiiosc-eioed-ceoccnooonmnoicmceicrn reogrneioglynioantloainl trienegtsertagrtriiacotntioioinnniitnsiaittniiaveteivcseecsshscaahrarycratecfrotiesrreistdhede
ineianqreouqauulniatdyli;tyhi;nocinwrceraetshainseginogcurcitmcrioemmeraertaeoste;fsa;thnadendli- bdybenyemngeaogticavetriavdeteidvcervloeeplgompuemlnaetstnitsosunscuhocahfsatxhseexneomnpohpeohbdoiaiba,ia. , licenses better.
al trade.
1

For starters, there is no public re- It did not help matters that BAZ This is certainly unattainable and
cord of those that applied but could did not even bother to pronounce the sooner we deal with state en-
not be shortlisted. themselves on this matter despite trenchment within our media the
the engagement on the same and more we are going to move towards
There was no disclosure as to why left government through the perma- genuine liberalization of the airwaves
these media entities could not meet nent secretary or proxies of the ruling and broadly the media.
the test and identification of the ar- party and those that won licenses to
eas they ought to attend to should respond and not actually pronounce Plurality does not translate to di-
another opportunity arise. itself on the matter. versity and the policy imperative to
open up the airwaves must not be a
The airwaves are a public good and BAZ should be independent or at tick in the box exercise or tokenism
any person that present their appli- least seen as such. but a genuine process anchored on
cation does not do so for themselves transparency, fairness and account-
but for the audiences they seek to Having the government or those ability. BSA also needs to be urgently
serve, whom are the citizens of this that hold a brief for the government reformed to make this a reality.
country. defend its decision is unhelpful, espe-
cially when we consider that we had BAZ has an opportunity to demon-
Secondly, BAZ having considered to wait for forty decades for the liber- strate that it is a learning authority
all the applications should have alization of the broadcasting services. when it issues community radio li-
considered the nature of those that censes. We have come this far, four
would have passed the first hurdle For an authority that has a board decades to be precise and we should
not necessarily to deny them of this and a secretariat and manages its change the narrative of how we con-
right but to ensure fairness in so far as affairs as we witnessed to simply pro- duct our competitive processes as
their composition is concerned. vide results and leave the justification they pertain to our rights. We deserve
to those that it awarded licenses rais- better!
Outside the politics of the day, es unnecessary questions and sug-
which is obviously polarised, BAZ gests that BAZ cannot stand with its *Nigel Nyamutumbu is a media
could have considered other factors decision. development practitioner currently
to ensure every Zimbabwean interest serving as the Programmes Manag-
is adequately catered for. What makes the responses even
more telling is the brazen admission er of the Media Alliance of Zimba-
I am sure the uproar that followed that our media sector is in reality or bwe (MAZ). He can be contacted on
the announcement of the eventual purportedly related to the state. +263 772 501 557 or njnya2@gmail.
licensees would have been similar
had BAZ had just licensed one out of comw
16 languages or if the regulatory au-
thority had restricted the distribution Information, Publicity
to one of the ten country’s provinces. and Broadcasting
Services secretary
By making one company that is
within the apparatus of one arm of Ndavaningi Mangwana
the state compete against itself gives
impetus to views that the broadcast-
ing authority is compromised.

Thirdly and finally for this submis-
sion, BAZ should have made the scor-
ing public in the spirit of public trans-
parency and accountability.

By merely releasing the results with-
out justification and any follow up
intervention to demonstrate their in-
tegrity and to provide reasons of their
distribution of this finite resource that
belongs with the people, BAZ missed
an opportunity to address past sus-
picions, perceptions and to also deal
with the polarization that characteriz-
es our society.

2

Lesotho: Proposed
internet broadcasting
By Misa Zimbabwe
rules will stifle free speech
THE Lesotho government,
through the Lesotho Com- Anyone deemed to be conduct- This, however, excludes private
munications Authority (LCA), ing internet broadcasting will be re- communication to specific and iden-
has proposed new regulations that quired to register within six months. tifiable person/s.
stipulate that individuals with more
than 100 followers on social media Following the submission of these On the other hand, “private com-
platforms will be considered as in- documents, LCA will issue a certifi- munication” has been defined as any
ternet broadcasters and may need cate of registration. message, whether text, picture, vid-
to register with authorities. eo or audio, that is sent between two
Initially, the proposed regulations specific and identifiable persons.
In addition, internet posts that are were ostensibly meant to regulate
accessible to at least 100 users will bloggers and online radio stations. Lesotho is following in the foot-
also be classified as internet broad- steps of Tanzania in seeking to regu-
casts. However, the use of the word “fol- late online content creators.
lowers” is vague and could also be
This move by the LCA is meant to used to regulate social media plat- Misa Zimbabwe is concerned
regulate “internet broadcasting dis- forms such as Twitter and Facebook, by the LCA’s proposed regulations
tributed over the internet”. which are widely used in Lesotho. which are seemingly designed to
police and regulate free speech on-
Among other provisions of the The proposed regulations go on to line.
proposed Lesotho Communications define what an internet post is, say-
Authority (Internet Broadcasting) ing it is any message, whether text, What is further concerning is that
Rules 2020, a person with at least picture, video or audio that is placed it comes at a time when a recent
100 followers will need to register or uploaded on any internet plat- summit of the Southern African De-
with the LCA by providing identity form to be accessed by the public, velopment Community ( Heads of
documents, proof of residence and be it on social media or website. State, resolved to curb social media
show “ability to comply with Leso- abuse, which Misa Zimbabwe fears
tho Telecommunications Authority could be a pretext to curb freedom
(Broadcasting) Rules 2004”. of expression and digital rights.

Furthermore, the proposed LCA
regulations are quite onerous and
may be difficult to implement.

We urge Lesotho to withdraw
these proposed regulations and
rather work on promoting free ex-
pression online.

In addition, Lesotho should be
cognisant of the African Declaration
on Internet Rights and Freedoms
which stipulates, among others: Ev-
eryone has the right to use the In-
ternet and digital technologies in
relation to freedom of assembly and
association, including through social
networks and platforms.

3

A glimmer of hope for Zimbabwe
media industry, but…

By Misa Zimbabwe Unlike other press surveys or me- plications for the country’s first-ever
dia indices, the AMB is a self-assess- commercial television stations.
APANEL comprising journalists, ment exercise based on homegrown
media lecturers and repre- criteria derived from African Proto- In that regard, on November 20,
sentatives of civic society has cols such as the Declaration of Prin- 2020, BAZ announced that it had
noted that while relations between ciples on Freedom of Expression and awarded six television licences fol-
the media and government have rel- Access to Information. lowing public interviews held in Oc-
atively improved more still needs to tober 2020, to the following stations:
be done to foster media freedom and In that regard, the AMB is an ana-
the enjoyment of freedom of expres- lytical exercise to measure the me- 1. Acacia Media Group
sion rights. dia situation in a given country and 2. Channel Dzimbahwe
serves as a lobbying tool for media 3. Fairtalk Communications
The panellists who met in January reforms. The instrument was devel- 4. Jester Media
this year, under the auspices of the oped by the Friedrich-Ebert-Stiftung 5. Rusununguko Media
African Media Barometer (AMB) Zim- (FES) in Africa and the Media Institute 6. Zimbabwe Newspapers trading
babwe, noted that the current Infor- of Southern Africa (Misa) in 2004. as ZTN
mation, Publicity and Broadcasting BAZ has also since called for appli-
Services minister Monica Mutsvan- Misa Zimbabwe, however, would cations for community radio stations.
gwa, is “proactive” in engaging with like to put it on record, that some of In its way forward, the report notes,
journalists. the findings of the report have since among other issues, lack of inde-
been overtaken by events more so at pendence of the public broadcaster
The findings covered the period it pertains to the media law reform (Zimbabwe Broadcasting Corpora-
between November 2015 and Janu- processes which have seen the un- tion), poor media salaries and work-
ary 2020. bundling of the Access to Informa- ing conditions, decline journalism
tion and Protection of Privacy Act standards, media sustainability, es-
In a summary of their findings (Aippa). pecially for the print media, as some
on the obtaining media situation, of the areas requiring attention.
the panellists said there were cases The report, in some instances, thus Despite threats to clampdown on
where the Minister had intervened captures the situation as it obtained social media platforms, the report
to prevent “threatened” arrests of at the time of the convening of the says, digital media, was assisting “un-
journalists conducting their lawful AMB in January this year. der-represented” communities to tell
professional duties. their own stories.
This is due to the delays experi- It further notes the government’s
It was noted that the ongoing en- enced in the printing and publishing increased commitment to move
gagements between the media and of the report due to the unforeseen ahead with much-needed law re-
government were a positive depar- developments arising from the lo- forms, as a positive development.
ture from the animosity and suspi- cal and regional Covid-19 lockdown There is also a need to reinvigorate
cion that existed in the past. measures and regulations. discussions on the establishment of
an employment council for journal-
“Government (weekly Cabinet) Meanwhile, the law reforms have ists, invest in training for journalists
briefings are now open to all, and since seen the enactment of the while also improving collaborations
invitations to government functions Freedom of Information Act. between media houses and training
are generally issued to all journalists institutions.
and not just the state media.” In October this year, the Zimba-
bwe Media Commission Bill sailed
The report, however, notes gov- through the House of Assembly, on
ernment threats to clampdown on its way to the Senate.
comments on social media and lack
of diversity in the ownership of radio On the broadcasting front, inter-
stations and that the content “still re- views were conducted by the Broad-
flects the hand of government”. casting Authority of Zimbabwe
(BAZ), following submission of ap-

4

By Cipesa Tanzania tramples digital
rights in fight against
SINCE the first case of the corona- Covid-19
virus disease (Covid-19) was an-
nounced in Tanzania on March perts stated that Covid-19 had com- prohibit the publication of “content
16, 2020, the government has been pounded the pre-existing human with information with regards to the
in the spotlight for its handling of rights concerns in Tanzania, notably, outbreak of a deadly or contagious
the pandemic. the right to freedom of expression, disease in the country or elsewhere
including freedom to seek, receive without the approval of the respec-
It has denied the severity of the and impart information. tive authorities.”
pandemic, suspended media hous-
es, and criminalised Covid-19-relat- Enactment of repressive regula- The penalty for breach of the
ed speech through the enactment tions regulations is a fine of not less than
and enforcement of repressive reg- five million Tanzanian shillings
ulations. In July 2020, the government re- (US$2 140), imprisonment for not
pealed the 2018 Tanzania’s Electronic less than 12 months, or both.
In turn, there have been growing and Postal Communications (Online
concerns that these measures are Content) Regulations and replaced Regulation 9(g) expands the ob-
not only hurting the fight against them with the Tanzania Electronic ligations of online content service
the pandemic, but the wider enjoy- and Postal Communications (Online providers to immediately take down
ment of civil liberties in the country, Content Regulations 2020. any prohibited content once or-
especially in the lead up to the Octo- dered by the Tanzania Communica-
ber 28, 2020 general election. The 2020 regulations aggravate tions Regulatory Authority (TCRA).
the crackdown on free speech as
Tanzania has been criticised for its they require the registration of blog- Criminalisation of Covid-19 false
lackluster response to the Covid-19 gers, online discussion forums, radio news
pandemic, with the World Health and television webcasters.
Organization (WHO) citing its lack of Besides the enactment of repres-
transparency. The new regulations define “news sive Covid-19-related regulations,
related content”, as “online news in- the government has also invoked
Further, a team of United Nations formation gathering, compiling, ed- laws predating the pandemic to in-
experts noted that the government iting, publication and broadcasting timidate, arrest, and detain persons,
was not meeting its commitments in a manner similar or that bears a including whistleblowers and critics,
on information sharing and trans- resemblance to traditional media in order to censor what is perceived
parency, after it stopped releasing services provision.” as Covid-19 misinformation or disin-
statistics on Covid-19 cases at the formation.
end of April. In the renew regulations, the defi-
nition of an “online forum” has been In March 2020, the Tanzania Prime
At the end of March, Tanzania’s expanded to cover every possible Minister, Kassim Majaliwa, warned
President, John Pombe Magufuli, is online fora and “online platforms.” the public against spreading misin-
reported to have encouraged peo- formation around the coronavirus
ple to continue visiting places of These definitions are so vague outbreak, stating that those found
worship, while comparing the virus that their application is potentially guilty would be dealt with.
to the Biblical Satan and saying that boundless in scope.
it “cannot survive in the body of Je- He directed the TCRA to monitor
sus Christ.” Further, they impose annual li- and apprehend persons disseminat-
cense fees on the online content ser- ing false news, which he said was
Magufuli also rejected the need to vices, grant the regulator sweeping causing confusion in society.
restrict movement of citizens, claim- powers to suspend media outlets
ing stringent social isolation mea- and journalists, and detail a broad The government subsequently re-
sures would severely damage the list of prohibited content. leased a list of qualified persons to
economy, and in June 2020, he de- educate the public about Covid-19,
clared the country virus-free, “thanks Among others, the regulations and directed that all media source
to God” and prayers by citizens.

In July 2020, the United Nation ex-

5

A police officer
announces
the arrest of
Albert Msando,
a prominent
lawyer in the
Arusha region

information only from those on the count called “Coronavirus Tanzania” discourage efforts being undertaken
list. and using it to purportedly spread by the government in fighting [the]
“misleading information” about the spread of the virus.”
These threats were quickly fol- pandemic.
lowed up with arrests and the pros- On April 28, 2020, Ibrahim Bukuku,
ecution of individuals, and harass- Mariamu Jumanne Sanane, a third- a first-year student at the Univer-
ment of media houses, some of year student at the University of Dar sity of Dodoma, was arrested and
whom had their licences suspended. es Salaam, was arrested in April 2020 charged for allegedly disseminating
after she claimed on social media false and misleading information
In April 2020, there were numer- that there were 230 confirmed cases through a WhatsApp group about an
ous individuals arrested and charged of Covid-19 and four deaths in Tan- alleged cure for Covid-19.
due to Covid-19 related content that zania.
authorities deemed unofficial. Similarly, earlier in April 2020, Al-
Meanwhile, Afrikana Mlay was ar- bert Sengo, a journalist working with
A similar argument was made rested over accusations of spreading Jembe Radio FM in Mwanza region,
against media houses, which result- false information on social media to was charged in court for publishing
ed in having their licenses suspend- the effect that the government was online content on his “unregistered”
ed. hiding the number of coronavirus online GSENGO TV.
disease cases in the country.
Awadhi Lugoya was arrested and On the same day, Albert Msando,
accused of wrongful use of social The police claimed that the post a prominent lawyer in the Arusha re-
media, for opening a Facebook ac- was “intended to create panic and gion, was arrested and later charged

6

with allegedly spreading Covid-19 sy warning of an “elevated” risk of have been eroded over the years,
misinformation over his remarks Covid-19 in the country, which the the growing hostility of the govern-
about the worsening coronavirus regulator found to be misleading ment towards dissenting opinions,
situation in Arusha. content that contravened profes- including on the state’s handling of
sional standards, arguing that the Covid-19, has forced human rights
His arrest came only hours after media house had failed to verify the defenders, journalists, activists, the
Arusha Regional Commissioner Mr- accuracy of the information in the political opposition, and ordinary
isho Gambo had directed the police alert. citizens to self-censor, and could
force to arrest any citizen dissemi- prompt them to refrain from exer-
nating conflicting public informa- On April 30, 2020 two employees cising their right to public participa-
tion on Covid-19. of Mwananchi Communications tion.
Ltd, Haidary Hakam and Alona Tari-
Also in April, the Zanzibar Infor- mo, were arrested and charged for As Tanzania prepares to go to the
mation Department suspended Tal- allegedly disseminating false infor- polls in less than ten days, the gov-
ib Ussi Hamad, a journalist with the mation about Covid-19 victims on ernment must desist from further af-
Tanzania Daima daily newspaper, WhatsApp groups contrary to the fronts on civil liberties, especially the
for six months under the Registra- Cybercrime Act of 2015. right to freedom of expression and
tion of News Agents, Newspapers, access to information, the lifeblood
and Books Act No. 5 of 1988 and its Undermining citizen participa- of any democratic society.
amendments No. 8 of 1997. tion

Hamad had allegedly reported These developments are reflective *This statement was originally
about a Covid-19 patient without of how the Tanzanian authorities published on the Collaboration on
the patient’s consent. have used repressive laws to crack
down on journalists for doing their International ICT Policy for East
He filed a case in the Zanzibar High jobs, especially during the Covid-19 and Southern Africa (Cipesa) web-
Court in July challenging the deci- pandemic.
sion. The Zanzibar government lifted site, cipesa.org
the suspension in August 2020. In a country where civil liberties

Likewise, the Mwananchi daily Journalist
newspaper had its online license sus- Albert
pended for six months and fined five Sengo
million shillings (US$2 200) by the
TCRA after it posted a photo of Ma-
gufuli out shopping and surrounded
by a crowd of people, eliciting online
discussion on Tanzania’s approach
to addressing Covid-19 and the ap-
parent breach of social distancing
guidelines.

According to the TCRA, the paper
breached the Electronic and Postal
Communications (Online Content)
Regulations as its report was al-
legedly misleading and had caused
confusion in the community.

Three other media organisations
— Star Media Tanzania Ltd, Multi-
choice Tanzania Ltd and Azam Dig-
ital Broadcast Ltd — were on April
2, 2020 fined US$2 200 each and or-
dered to apologise for “transmission
of false and misleading information”
about the country’s approach to
managing Covid-19.

In addition, Kwanza Online TV was
suspended for 11 months in June
2020 for reposting on Instagram
a health alert from the US embas-

7

Zambia: A call for the media
to intensify public education
on the electoral process

By Vusumuzi Sifile Access to information is an import- cesses such as registering as voters,
ant ingredient for effective citizen verifying their registration, voting,
AS we countdown to August participation in democratic process- and encouraging others to do the
12, 2021 when Zambia will es, including elections. same.
hold general elections to elect
the republican president, Members Limited or inaccurate information The media has a duty to compre-
of Parliament, councillors, council often results in low voter turnout, hensively educate citizens about
chairpersons and mayors, the media high numbers of spoilt ballots, and what is at stake, the value of their
must intensify its public education disputed outcomes of elections. registration to vote and their actual
effort to influence citizens participa- voting, as well as the consequences
tion in the electoral process. In some cases, electoral manage-
ment bodies and other electoral ac-
The preamble of the constitution tors also fail to take the necessary ac-
of Zambia contains, among other tion or to respond on time because
provisions, a commitment by the of lack of information on situations
people of Zambia “to upholding the requiring their intervention.
principles of democracy and good
governance”. The proliferation of fake news and
general disinformation or misinfor-
Participating in elections — as vot- mation presents a challenge for the
ers or as candidates — is one of the media to be vigilant, more than ever
ways citizens can exercise that com- before, to ensure that citizens get
mitment to upholding principles of timely and accurate information on
democracy and good governance. all aspects of the electoral process.

However, for citizens to fully exer- This is not an easy task. Fake news
cise that role, they need information. generally moves faster than “real
news”.

The media alone cannot cope.

Citizens need timely and accurate There is need for coordinated ef-
information on the processes, events forts of different stakeholders to
and actors involved in all stages and support the media to cover the elec-
all aspects of the electoral process. toral process in an in-depth, accu-
rate, balanced and fair manner.
This includes information on what
it takes for citizens to participate as Just one misrepresentation of as-
voters, candidates, agents or any pects of the electoral process may
other role that may be relevant. raise alarm, cause violence or trigger
other malpractices that may disturb
Where information is not ade- the electoral process.
quately shared, there is a high risk of
fake news, misinformation and disin- The community, mainstream and
formation, which often raises alarm online media platforms all have a re-
and triggers undesirable situations sponsibility to provide information
such as electoral violence and voter and educate citizens on the impor-
apathy. tance of their participation in pro-

8

of their decisions and actions on any access and share information. holders to support the media to
part of the process. When the media thoroughly and effectively address misinformation
ahead of the 2021 general elections.
The media provides a platform effectively brings out the issues in
through which the citizens can re- an election, it creates a basis upon These include the National En-
ceive information and ask questions, which citizens will eventually de- dowment for Democracy, the Africa
raise concerns or make suggestions mand for accountability and follow Freedom of Information Centre, the
on aspects of an election. up on the fulfilment of campaign Open Society Initiative for Southern
promises by the eventual winners. Africa, the Open Society Founda-
This enables citizens to keep tions, and the Norwegian Agency for
checks on the electoral process, and It is, therefore, important, as the Development Co-operation.
to responsibly use media platforms electoral season enters a critical
to report malpractices requiring ac- stage, for the media to begin profil- Together with these partners, we
tion or commend good practices ing various issues, actors and pro- will conduct media trainings and
that can be replicated elsewhere. cesses in a manner that will enable provide content generation support
citizens to make informed decisions. to selected media and communica-
The media also provides a platform tion actors
through which candidates and their Different stakeholders must also
sponsors, the Electoral Commission play their part in supporting the me- *Vusimuzi Sifile is the executive
of Zambia (ECZ) and other agencies dia. director of Panos Institute South-
involved in elections management,
cooperating partners, civil society Panos Institute Southern Africa ern Africa (PSAf). For feedback
and other electoral stakeholders can (PSAf ) is working with various stake- email: [email protected].

9

By Jimmy Kainja Malawi shows little interest in
improving access to information
THE spread of false or misleading
information online is due to var- Information and the State President’s urday newspapers and two Sunday
ious reasons. director of communications. newspapers with a combined circula-
A recent BBC study on fake news in tion of 12 000 in a population of 17,5
Africa found that sharing news online While the president was rightly ap- million.
can be socially validating; because plauded for assenting to the bill, the
“being the first to share a story in your timing of the announcement on a Newspapers are all in English, a lan-
group of friends, showing others you live BBC programme appeared to be guage spoken by the minority.
are in the know and provoking dis- a government publicity stunt.
cussion make social media users feel The newspapers cost K600
good. Consequently, some analysts (US$0,79), for Sunday to Friday and
warned of a long battle ahead to get Saturday papers, which has a vernac-
Sometimes people will rush to the law operationalised. ular language cost of K700 (US$0,92)
share information not knowing if it is per copy, which translates to about
true.” The long struggle to have the ac- K14 400 (US$5,81) and K2 800
cess to information law passed and (US$3,69) monthly, against a national
The study added: “... most people operationalised is an indication of the minimum monthly wage of K35 000
do not consume their online news resolve of successive political admin- (US$46,82).
in-depth or critically, and many users istrations to limit the flow of informa-
will share stories based on a headline tion held by public institutions. Nonetheless, newspapers are very
or image without having digested it influential in information dissemina-
in detail themselves.” This may be the reason why for a tion; where these newspapers lead,
long time the Malawi government the rest of the local media are likely
In Malawi, the combination of the has also shown little interest in im- to follow.
lack of an enabling access to informa- proving access to Information and
tion law and limited access to the in- Communications Technology (ICT) — More so, the newspapers have
ternet has left Malawians vulnerable which have been proven to broaden presence on all major social media
to misinformation and disinforma- information flow and provide plat- platforms where they repost much of
tion. forms for citizens to demand trans- the print editions’ content including
parency and accountability of duty the front and back-pages of the print
On December 14, 2016, Malawi Par- bearers. editions.
liament passed an Access to Informa-
tion Bill, 12 years after its drafting. As of 2019, Malawi’s internet pen- A journalist with NPL’s The Nation
etration stood at only 13,9%, accord- newspapers said this is done as one
The then president, Peter Muthari- ing to the International Telecommu- way of promoting the print editions.
ka, assented to the bill into law on nication Union (ITU).
February 15, 2017. Misinformation during the an-
Among the primary factors limiting nulled May 2019 elections
The purpose of the law is to pro- access to the internet in Malawi is the
mote transparency and accountabili- cost, with the average price beyond In the period leading up to and im-
ty in the country by providing for“the the means of citizens. mediately after the May 2019 elec-
right of access to information in the tions, Malawi witnessed an increase
custody of the public bodies and rel- Indeed, a recent study found that in the spread of misinformation.
evant private bodies; the process and the internet in Malawi is among the
the procedures related to obtaining most expensive in the world. The results of that election, which
the information.” saw the incumbent president, Peter
Print media is also scarce and ex- Mutharika of Democratic Progres-
The news of the presidential assent pensive. sive Party (DPP) declared winner with
was perfectly timed — as it coincid- 38,6%, followed by Malawi Congress
ed with a BBC Africa debate on “fake With just two leading media groups Party’s (MCP) Lazarus Chakwera with
news” at Ryalls Hotel, in Malawi’s — Nation Publication Limited (NPL) 35,4% and Saulos Chilima of UTM in
Commercial City, Blantyre. and The Times Group, Malawi has third position with 20,2% were an-
only two daily newspapers (with a nulled by the Constitutional Court af-
In attendance was the Minister of circulation of 9 000 each), two Sat- ter the losing candidates challenged

10

the outcome citing several irregulari- sister papers. ed online as I FAKED ASSASSINATION
ties including ballot tampering. The headlines were altered to ATTEMPT FOR SYMPATHY – MTAMBO.

During the court proceedings, civil change the news agenda and narra- It is clear in these cases that the
society organisations (CSOs), particu- tive on social media. misinformation was created to dis-
larly Human Rights Defenders Coali- credit the CSOs position on MEC and
tion (HRDC), joined by the opposition For instance, The Nation newspa- its chairperson, Jane Ansah.
parties and ordinary Malawians took per’s September 26, 2019 edition
to the streets, demanding the resig- (below) had a front page story titled Considering the low newspaper
nation of Malawi Electoral Commis- DPP, PROTESTERS CLASH FOIL MARCH, circulation and the high reliance on
sion (MEC) Chairperson, Justice Jane with subheadings: HRDC calls for an- bundled internet for social media
Ansah, for her part in the electoral ti-Ansah demo and Activist Mayaya, 4 access, it is very difficult for the un-
fraud. others injured. suspecting public, without access to
newspapers or the Internet outside
In spite of government attempts Mutharika supporters altered the of data plans, to identify the irregular-
to stop the demonstrations, courts headline and disseminated the page ities in the above newspaper illustra-
upheld citizens’ rights to assembly online reading instead: ANGRY MALA- tions.
and association, with the military at WIANS BEAT BILLY MAYAYA, with sub-
hand to ensure demonstrations were headings: We are tired of your demos What is to be done?
peaceful. and HRDC violence destroyed lives. On June 23, 2020, Malawi held a
Constitutional Court-ordered fresh
Alongside the peaceful demonstra- Billy Mayaya is a leading member of presidential election which was won
tions, print, broadcast and social me- HRDC, organisers of the demonstra- by Lazarus Chakwera.
dia also provided platforms for mobil- tions. The new government has prom-
isation and engagement. ised to undertake a series of public
A similar example is of The Sunday reforms, one of which is to opera-
However, the same platforms also Times edition of October 13, 2019 tionalise the access to information
proved to be fruitful ground for coun- (below), which featured a story of the law, which has been Gazetted and
terattack and smear campaigns by then leader of HDRC, Timothy Mtam- becomes operational on September
Mutharika’s sympathisers against the bo surviving an attempt on his life by 30, 2020.
CSOs and opposition parties. suspected state operatives. The president said operationalising
the law is one way of“[ending] the era
Most notable were altered front The headline I SURVIVED ASSASSI-
page headlines in the two leading NATION ATTEMPT BY [GOD’S] GRACE –
daily newspapers and their weekend MTAMBO was altered and disseminat-

11

of government secrecy”. the government, together with sensi-
Likewise, the new Information tisation campaigns by media houses
would go a long way in rebuilding
minister Gospel Kazako — a veteran trust and legitimacy of both institu-
broadcaster and experienced media tions.
manager, appears to be taking calls
from CSOs for affordable access to However, additional efforts in pro-
the internet seriously. moting availability of information in
local languages would further sup-
He has called on telecommunica- port verification of information at citi-
tion companies and the sector regu- zen’s disposal towards enhancing the
lator, Malawi Communication Regula- power of access to information.
tory Authority, to work on modalities
to make the internet more affordable. * This article was first published
by Collaboration on International
If actualised, this would go a long
way in addressing the information ICT Policy for East and Southern
gap in the country and sustaining de- Africa (Cipesa)
mocracy.
*Jimmy Kainja is a 2020 Cipesa
Meanwhile, NPL and The Times fellow focussing on the areas of
Group have made efforts to promote hate speech and misinformation,
awareness about misinformation, as data protection, and access to infor-
in the case of the illustrations below:
mation

Combined efforts of operationalis-
ing the access to information law and
improving internet affordability by

12

By Article 19 Free expression and the
internet are key to combating
THE effort to eliminate violence violence against women
against women is a constant,
every-day, around-the-clock
undertaking.

Alarmingly, there is a concur- who bear the brunt of gender in- liferate.
rent pandemic of a rise of violence equality, discrimination, poverty and Left unchecked, these spaces be-
against women globally due to violence.
Covid-19, which UN Women has come weighed in favour of men, and
termed the “shadow pandemic”. Governments — and free speech in order to protect themselves, their
advocates — must give proactive jobs and/or their families, women
Now more than ever, it is critical and considered attention to wom- journalists often are left with no
for governments to prioritise gen- en’s ability to exercise their right to choice than to resort to self-cen-
der equality in their responses to FoE, which if fully enabled will em- sorship, or more drastically, remove
Covid-19 and in their promotion and power women and benefit society as themselves from these critical plat-
realisation of fundamental human a whole. forms.
rights, particularly the right to free-
dom of expression and information Secondly, major social media plat- As power-holders with influence
(FoE). forms like Facebook, Twitter and You- over the online environment, and as
Tube have become essential spaces Covid-19 places extra emphasis on
FoE is an enabling right and is es- for women to participate in civic the importance of the virtual world
sential in ending inequality and oth- space, particularly for women jour- for health, work, family, and access-
er forms of gender-based discrimi- nalists, activists, human rights de- ing essential services, tech compa-
nation. fenders and other women with pub- nies cannot leave women behind.
lic-facing professions.
Technology companies, social me- Technology companies must step
dia companies especially, also have a While these very channels can pro- up to think creatively on how to
responsibility to ensure that women vide women with access to audienc- counter misogyny, to be one step
are able to access and utilise their es and information that would other- ahead of the curve rather than many
services and platforms safely and se- wise be out-of-reach, they have also steps behind, and to take concert-
curely. become spaces for gender-based ed effort to stand side-by-side with
online harassment and abuse to pro- women in dismantling patriarchy
This is of paramount importance
given that much of political and so-
cial interaction, including access to
support services, has gone online
due to Covid-19.

First, governments must recognise
that FoE and women’s rights are mu-
tually reinforcing rights —– that the
meaningful promotion of one sup-
ports the other.

Historic and current tensions exist
where the right to FoE has been used
by people to legitimise misogynistic
and discriminatory speech.

If our collective attention remains
focused only on safeguarding FoE
for those who already benefit from
existing power structures, then our
focus is off and we are at a gross
disservice to the millions of women

13

online, and offline. against women to spike across the
world, the isolation must not be vir-
Thirdly, when attacks against wom- tual.
en occur, including serious forms of
online harassment and abuse which Access to a safe and secure internet
meet a level of severity to create is key in amplifying women’s voices,
criminwaolulldiapbeirlsitoyn,alslytaetxeesrcmiseupsotwtearkoen atche- hirgemhlaiignshtainpgiptehdreeiarmlivbeecdauesxepoefritehences as set out in the White Paper on Broadcasting.
tion torunqnuingicokflayffaairnsdof ethfefeecnttitiiveseilnyqiunevsteiosn-. anovderbneeareandcse,ofahnegdemionnicccoomntrbolaatnidneglitevio-
tigate these incidences. lesneclf-epraesgearviantisotn.women world-wide. The Act also: establishes the South African

The ZMMT board - at least on paper - was Broadcasting Corporation (SABC) as two
TSotwaatreds a atrnuldy putbelichbnrooadlocagsyter -caonmd pa- entities to be administered separately: a public
Mansyupproesepdotortbse thsehaodwminiwstriadtoersspofrZeiaanda niaersegmionuasltimspuepraptivoert this by enhanc- and a commercial service; defines the Sabcís
impunanitdyZifmopravpeiorsl.eTnheceboaargdawinousldt awctoams a- ing women’s ability to exercise FoE, mandate; establishes the independence of
en, anbdufafetrtabectkwseeangtahiengsotvwernommenetnanjod uthre- wMhuicchhof iwnhatthuarsnailewd Siltalteunnewlespaasphers,min ore the public broadcaster (emphasis mine).
nalistsenatitriees.often left uninvestigated, fepmartiincuilsartthaecintfiluveinstmial T,hegHreeraaltdearndnSuenwdasy re-
feeding into a global and systemic poMratila, hgaevefarlosomaffeactmedoZBreC. diverse range Little wonder, the Broadcasting Amendment
“chillinEvgeneftfheecnt,” foronmwtohme etimn’es voof iNcaetsh.an of viewpoints, and increase counter- Act (No4 of 2009), often is referred to as the

Shamuyarira’s tenure, it was an imperfect

In marorarengreemceennt t-yeinartsw,oonmlainjoer gweayns-. gsaptettZhheBneeCetdiihnnciestteheersrrt-eeutbsscfottokass sauocoseffhntatdhhadSeelatlrapeudttueilnibio-nslbgginccroe.ersaliidmtaecosnaisn-fdteraarcmtt-hihoseieirsnprtovh,inagagnwyannaydy, SABC Act because of its focus on SABC
cphdaaeletsrex-bsbitamTteyrthuseihesneonteiedefsextoseeta.chnrhSbueetaiwitclvrhiooeItannueyhdsltlesdyerl,tmdiarosannseepdwe,ipnacntoaoytvinnnabnetyadlesscanthotpteidi-phdscoteioocnatrtmcihbonionsgup,imetstlhhsieee--. opFoprtryeyseasrisoang.o, the newly-independent black matters, outlines in detail the rules and
gate oInn2l0in20e, tahtetsaacmkesp.roblems have arisen. The procedures relating to the removal and
resignation of Sabc board members, and
makes provision for the appointment of an

government took over ownership and control interim.

of Rhodesian Broadcasting Corporation and

noTtheisxeuinncxdeducicevisruirdwetcuihvuaeesllmsmthaiiansntsgteaaejsuxn,hseucbtrcgeauiespletypwdordihaionsottaesehepds-pcoaoinnbftiuginnugrcahatinoondf merely displaced the old with new parochial A key point of note is that as SABC as it now
er it sotf rinedsivsideusalsthdoees nnoetesudggfeostrany futuristic
Statesdetsoign hthainvkieng,gburtejausttearstuinffi-ng of recycled interests, rather than replace the institution stands is a creature of parliamentary
genuirteyg,imceolomyalmistsit. ment and
investment in investigating with a new value system and approaches. legislation, it is accountable to the legislature
onlineIn paatrtiacuclkars, thaergeaairne scrtedwibloe mind-ications of
en, ecsropneyiscmiaallnyd newpohtiesmn, whaicthtamcekasns that rather than the executive.
reachtthhe enelwevZeMlMoTf cbroiamrdinwialllintoyt. make any
Hence, the national broadcaster remains stuck
meaningful difference.
in Rhodesian-era propaganda, which the Like many things South African when it comes

opposition and other interests such as foreign to laws, this dispensation ought to form best

election observer missions have gravely noted. practice in the region, and in particular

It is a debate that reminds one of the position countries such as Zimbabwe where the

of the South African Broadcasting Corporation. national broadcaster is firmly in the pockets

of the ruling elites.

The lines of discrimination, sex- Until 1994, the broadcaster was a State-run

ism, rFaurcthiserm, th,erpe iosvaen ratpypareannt dcaseootfhc-onflict entity meant to preserve the interests of the What is worse, is that the lack of

er foromf insteroesft aos ponperterusssteioe n- Sithole - is the minority apartheid rulers. transformation means that both in the print
were clhoanirmgandorfaZwimnpapberesf.ore
and broadcast sectors, the executive and

nCfpisioatsnviueiddsreeTrI-tweímhs1svisi9oaavianicnmslodomnhefohaiantttlhaoc,weusarhsoZrah.MetseoysMbxewTdaaereiocsafuveforgeefirhnrbcrtelgaatonmttthtehohaudceveroienbmgbtrrhfoomuuergntsuhhtete-,. However, successive legislation, The certain individuals will continue to wield power

Broadcasting Amendment Act (no. 4 of 2009) at the expense of institutional systems that

in particular was an important milestone. require strengthening at all costs.

It was set up primarily to broaden ownership As of now, the administration of Mnangagwa

soiflteenncTaeihnn.ids isvcioomleinng tonwthae ybasc, kgarnoudnd ooffttheenhiriinng and control of broadcasting services, so as has failed on this, and there arenít much

firing of editors - and there has been to include participation from historically hopeful signs.

disadvantaged individuals (HDIs) and to ensure

ofWthheioqHlefuegtirthaelCelodaoMbatviunnairidsdlntoeS-pvr1u,eont9rhdpiiasnhuyttiahmlMaeseatliiMalpos-outnnatsiwtchiatonheMeyteduoiantsrsmsvptaiaghnutagyTtcwihsohane-. that South Africans would control It’s a lost opportunity.
ical isolation, enabling violence
programming.

Tichaona Zindoga is former deputy and acting editor

Transformation of the media into public entities It also reflected government policy on universal of The Herald. He is the founder and head of content
access, diversity, nation building and education of the Review & Mail, www.reviewandmail.com

The Accent publication is an initiative of MAZ and the Accent. The views expressed in the publication are of the respective authors
and do not necessarily reflect the views of MAZ or the publication

38 Harvey Brown, Milton Park, Harare, Zimbabwe, Tel: +263 (0) 8677108362,
Mobile: +263 772 501 557, Email: [email protected], [email protected]

14


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