Speaking during the presentation of her final activity report at the 46th ordinary session of the African Commission on Human and People's Rights (ACHPR) taking place in Banjul, Gambia, Commissioner Pansy Tlakula went on to state that criminal defamation laws are being used to prosecute journalists who publish articles that are critical and exposing to elected public officials. In Zimbabwe, examples are section 31 and 96 of the Criminal Law codification Act, which criminalize the publication of statements that are 'false'' or causes serious harm to the reputation' of a person.
Commissioner Tlakula went on to note that media laws can only effectively promote and protect freedom of expression and access to information if they are guided by the principle of maximum disclosure and if publications regarding matters of public interests are not considered defamatory. She also called on State Parties to end the use of imprisonment for publications made which governments may consider critical to them and that they should abstain from imposing penal sanctions on journalists regarding their articles." Criminal defamation laws should therefore be revoked or amended to conform with international and regional standards and particularly to Principles XII and XIII of the Declaration. Principle XIII requires States to "review all criminal restrictions on content to ensure that they serve a legitimate interest in a democratic society," expressed the commissioner.
