Zimbabwe has made its first high profile arrest under the new Cyber & Data Protection Act (CDPA), detaining journalist Blessed “Dhara” Mhlanga. He is accused of broadcasting press conferences held by a politician calling for President Emmerson Mnangagwa to step down.
Mhlanga is a journalist with one of the largest media companies in Zimbabwe, Alpha Media Holdings (AMH).
Mhlanga presented himself to the police after authorities announced on X (formerly Twitter) that they were looking for him. He was subsequently charged and detained on two counts of contravening Section 164 of the Criminal Law (Codification and Reform) Act.
The Legal Basis for the Charges
The specific charge under the CDPA is ‘Transmission of a data message inciting violence or damage to property.‘
According to Section 164 of the law, it is an offense to use digital platforms to incite violence or property damage. The law states:(download act here)
Offences Relating to Electronic Communications and Materials
164 Transmission of data message inciting violence or damage to property
Any person who unlawfully by means of a computer or information system makes available, transmits, broadcasts or distributes a data message to any person, group of persons or to the public with intend to incite such persons to commit acts of violence against any person or persons or to cause damage to any property shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
Mhlanga broadcast press conferences earlier this year by Blessed Geza, a politician and war veteran who called for President Emmerson Mnangagwa to resign. Geza, an outspoken war veteran and critic of Mnangagwa, has gained attention for his vocal opposition. The press conferences were broadcast to AMH’s YouTube channel HStv .
Protection or Suppression?
The arrest coincides with efforts by Zimbabwe’s Data Protection Authority (POTRAZ) to educate companies on CDPA compliance. POTRAZ, tasked with enforcing the CDPA, has been holding workshops to promote compliance.
Ironically, just last week, at one such event in Harare, a POTRAZ representative sought to allay fears that the CDPA would be used to suppress free speech, insisting its primary purpose was to protect data subjects.
The Cyber and Data Protection Act was enacted in December 2021 with the stated objective of increasing “data protection in order to build confidence and trust in the secure use of information and communication technologies…”
Mhlanga’s arrest has been seen by some as politically motivated. It has been condemned by Amnesty International in Zimbabwe who have called for his “immediate release of Blessed Mhlanga and the unconditional dropping of all charges against him.”
While the utility of the CDPA in safeguarding the personal information of ordinary Zimbabweans on the internet is clear, Mhlanga’s case raises fresh questions about whether the CDPA will also be used as a political tool against critics of the government.
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