The Media Alliance of Zimbabwe (MAZ) hereby submits its position on the co-regulation of the media industry in Zimbabwe.
1. The Media Alliance of Zimbabwe (MAZ), a network of media professional associations and media support organizations, re-affirms media self-regulation as the most democratic regulatory framework for the media. The founding principles of MAZ are derived from the constitution of Zimbabwe, in particular Section 61 and 62 that expressly guarantee freedom of expression, of the media and the right to access information.
2. The principle of self-regulation is shared by the Zimbabwean government through its membership and support towards the African Commission on Human and Peoples Rights (ACHPR) whose Revised Declaration on the Principles of Freedom of Expression and Access to Information entrenches this principle.
3. Given the present Zimbabwean context in which the Constitution establishes the Zimbabwe Media Commission (ZMC) whose roles include regulating the media, there is an industrial consensus on adopting co-regulation as the most viable form of regulating the media in Zimbabwe.
4. MAZ’s submission on the principle of co-regulation is informed by the constitutional provisions that guarantee freedom of expression, media freedom and the right of access to information. The co-regulation that MAZ may subscribe to given the obtaining policy context is one in which a statutory regulatory body co-exists with independent specific media self-regulatory bodies to enforce journalism ethics under codes of ethics as applicable to them.
5. The proposed regulatory framework would therefore recognize self-regulation, wherein the media sector would self-regulate, with some oversight and ratification by the ZMC.
6. As proposed, the media industry is to partially regulate itself, with a statutory back-up through ZMC. This framework allows for a regulatory framework that ensures and eliminates undue interference in the exercise of freedom of expression and other media and communication rights and freedoms.
7. Under the framework proposed by MAZ, there has to be a law that gives effect to co-regulation of the media. This law will specifically recognize specific media self-regulatory bodies and mechanism. The specific media self-regulatory professional body will exercise the first instance in handling media complaints, with the ZMC being the appellant body.
8. As alluded in 7 above, MAZ suggests that the proposed framework be supported by a separate Act of Parliament that specifies the manner in which the said co-regulation would be dispensed.
9. The proposed framework is anchored on the principle of delegation of powers as provided for in the Constitution. The submission also derives from Section 249 of the Constitution of Zimbabwe, which provides for a law to regulate the media. In this instance, the law will be giving effect to co-regulation of the media.
Submitted for and on behalf of the Media Alliance of Zimbabwe (MAZ)
Perfect Hlongwane
MAZ CHAIRPERSON
