74. The Respondent State concludes its submission by arguing that, the provisions of AIPPA being challenged by the Complainants have been declared constitutional and hence comply with the qualification under the African Charter’s exercise of the freedom of expression “within the law.” 75. The Respondent State calls on the Commission to dismiss the communication. Decision of the African Commission on the merits 76. In the present communication, the Complainants allege that Section 79 (1) and Section 80 of the AIPPA contraveneArticle 9 of the African Charter. Section 79 (1) of AIPPA provides that “No journalist shall exercise the rights provided in Section 78 in Zimbabwe without being accredit by the Commission.” Section 78 meanwhile provides that: 1. 2. 3. 4. 5. 6. 7. “Subject to this Act and any other law, a Journalist shall have the following rights (hereinafter in this Act collectively referred to as “journalistic privilege”), to enquire, gather, receive and disseminate information; to visit public bodies with the express purpose of carrying out duties as a journalist; to get access to documents and materials as prescribed in this Act; to make recordings with the use of audio-video equipment, photography and cinephotography; to refuse to prepare under his signature reports and materials inconsistent with his convictions; to prohibit the publication of, remove his or her signature from or attach conditions to the manner of using a report or material whose content was distorted, in his or her opinion, in the process of editorial preparation.” 77. Section 80 provides for instances which constitute abuse of journalistic privileges, as well as the punishment that goes with such abuse. Section 80 (1) provides that; “[a] journalist shall be deemed to have abused his journalistic privilege and committed an offence if he does the following: 1. 2. 3. falsifies or fabricates information; publishes falsehoods except where he is a freelance journalist, collects and disseminates information on behalf of a person other than the mass media service that employs him without the permission of his employer; 4. contravenes any of the provisions of this Act.” 78. Section 80(2) states that; “[a) person who contravenes subparagraphs (a) to (d) of subsection (1) shall be guilty of an offence and liable to a fine not exceeding one hundred thousand dollars or to imprisonment for a period not exceeding two years.” 79. In the present communication, the Commission is called upon to make a determination whether Section 79 (1) which requires compulsory accreditation of journalists, and Section 80 which prohibits and punishes the publication of falsehood violate the right to freedom of expression guaranteed under Article 9 of the African Charter. 80. Article 9 of the African Charter provides that: “(1). every individual shall have the right to receive information. (2). every individual shall have the right to express and disseminate his opinions within the law.” 81. Article 9 of the Charter guarantees the right to freedom of expression, which includes the right to receive information and the right to express and disseminate opinions within the law. 82. The Complainants submit that the law imposed by the Respondent State is unreasonable and restrictive to freedom of expression, thus violates Article 9 of the Charter. 83. The Respondent State on the other hand contends that the restrictions imposed by the AIPPA are reasonable, within the law and necessary for maintenance of public order. The Respondent State