ABSTRACT
In an ever-increasingly global age, the world has become dependent on the internet
for communication purposes and transacting, the internet has become a conduit
through which people exercise realise their rights. The internet provides enhanced
connectivity of persons and offers a platform for free expression. The internet has
further become a conduit through which individuals can realise the right to freedom of
expression. Autocratic governments that feel threatened by the difficulty of regulating
the internet have resorted to shutting down entire communication systems leaving their
citizens stranded and frustrated. Governments have been overtaken by technological
developments which have been particularly rapid in the 21st Century. As such in
situations where legislation fails to regulate modern communication structures, this
leads to undesirable situations where governments use outdated legislation which
does not grant authority to act in such a manner. The study answers the question of
whether internet shutdowns are legal in Zimbabwe and in so doing examines the
impact of internet shutdowns on the right to the freedom of expression. The study
explores the relationship between the internet and the right to freedom of expression
examining the boundaries of free expression and the circumstances under which as a
right it can be limited. The study identifies how in order for rights to be limited such
limit should be proportional, provided for in the law and should seek to serve a
legitimate aim. An analysis of Zimbabwe’s constitutional provisions on the right to
freedom of expression and how they reverberate with international principles on the
right to freedom of expression. An examination of the scope of government’s powers
in respect of the Interception of Communications Act in order to determine if there is
in place a legal framework that authorises the shutting down of the Internet is
conducted. In line with this is a consideration of the possible justifications for shutting
down communications which include the need for the preservation of the national
security. The study encompasses perspectives from the jurisdiction of Pakistan in
order to obtain insight into the justifiability of internet shutdowns in a modern
democratic society. It is arrived at a conclusion that internet shutdowns have no place
in Zimbabwean law as there is no legislation that so provides for such a phenomenon.
Furthermore, the justifiability of shutting down communications for whole communities
is a drastic and draconian move. Recommendations are thereby proffered to the
government on how best it can maintain national security without depriving entire
populations of their ability to communicate freely.
MAKUNI, J (2021). The Legality Of Internet Shutdowns In Zimbabwe. Afribary. Retrieved from https://track.afribary.com/works/the-legality-of-internet-shutdowns-in-zimbabwe
MAKUNI, JOSEPH "The Legality Of Internet Shutdowns In Zimbabwe" Afribary. Afribary, 01 May. 2021, https://track.afribary.com/works/the-legality-of-internet-shutdowns-in-zimbabwe. Accessed 24 Dec. 2024.
MAKUNI, JOSEPH . "The Legality Of Internet Shutdowns In Zimbabwe". Afribary, Afribary, 01 May. 2021. Web. 24 Dec. 2024. < https://track.afribary.com/works/the-legality-of-internet-shutdowns-in-zimbabwe >.
MAKUNI, JOSEPH . "The Legality Of Internet Shutdowns In Zimbabwe" Afribary (2021). Accessed December 24, 2024. https://track.afribary.com/works/the-legality-of-internet-shutdowns-in-zimbabwe