legitimate interest such as to require compulsory accreditation of journalists. It reiterated the
restrictions imposed by section 79, without giving any justification for such restrictions. The
African Commission therefore finds that Section 80 is incompatible with Article 9 of the African
Charter on Human and Peoples' Rights.
120. The African Commission finds further that while accurate reporting is the goal to which all
journalists should aspire, there will be circumstances under which journalist will publish or
disseminate information, opinion or ideas, which will contravene other persons' reputations or
interests, national security, public order, health or morals. Such circumstances cannot be foreseen
during accreditation. In such circumstances, it is sufficient if journalists have made a reasonable
effort to be accurate and have not acted in bad faith.
121. The African Commission acknowledges the argument by the Respondent State that the rights
of individuals, including the right under Article 9 are not absolute, hence the inclusion of Article
27 of the Charter on the duties of individual towards others. In the case of journalists, when they
fail in their duty to respect the rights of others, when exercising their rights to free expression,
then their right ceases to be absolute. It is then that the civil and other legal remedies will take
their natural course. The African Commission holds that the Zimbabwe domestic legal system can
grant remedies to such false publication, and which therefore obviate the necessity for the
restrictions complained against.
122. To adopt legislation such as AIPPA aimed at or under the pretext of protecting public order,
health or morals, is tantamount to imposing conditions for prior censorship.
123. The African Commission is satisfied that Sections 79 and 80 of AIPPA impose restrictive
accreditation conditions and excessive burden on journalists and restrict their effective enjoyment
of the right to freedom of expression.
124. The Commission thus concludes that the arguments advanced by the Respondent State in
justification of the restriction of the journalists' right to freedom of expression are incompatible
with obligations assumed by the Respondent State to respect Article 9 of the Charter.
Accordingly, the Commission considers that the Communication discloses a violation of Article 9
of the Charter.
125. In view of the above reasoning, the African Commission recommends that the Respondent
State:
(i) Repeal Sections 79 and 80 of the AIPPA;
(ii) Decriminalize offenses relating to accreditation and the practice of journalism;
(iii) Adopt legislation providing a framework for self regulation by journalists;
(iv) Bring AIPPA in line with Article 9 of the African Charter and other principles and
international human rights instruments;
and (v) Report on the implementation of these recommendations within six months of notification
thereof.
Adopted during the 6th Extra-Ordinary Session of the ACHPR, Banjul, The Gambia. April, 2009.