ZIMBABWE
Since December 2021, entry into force in March 2022
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Cyber and Data Protection Act [Chapter 12:07]
The Cyber and Data Protection Act provides for a safe harbour regime in Zimbabwe. This is provided for in Section 379C(1), which states that an ISP shall not be responsible or liable for a crime if they have not initiated the transmission, selected the receiver of the transmission and/or modified the information contained in the transmission. Most importantly, the Act provides that the ISPs will not be liable for data carried on their platforms and those of intermediaries if they remove it after a court order. In addition, ISPs and intermediaries will not be liable if they remove the information upon their realisation or gain knowledge that the information is illegal.
Coverage Internet Service Providers
ZIMBABWE
Since September 2013
Pillar Intermediary liability |
Sub-pillar User identity requirement
Postal and Telecommunications (Subscriber Registration) Regulations, 2013
According to Art. 5.1 of the Postal and Telecommunications (Subscriber Registration) Regulations, 2013. Telecommunications providers must each establish a subscriber database of all SIM card holders, connecting their phone number to their name, address, gender, nationality, and passport or ID number. The law obliges service providers to regularly hand over copies of this data to the government, which will then establish its own central subscriber information database.
Coverage Telecommunications service providers
Sources
- https://web.archive.org/web/20240326022214/http://www.veritaszim.net/sites/veritas_d/files/SI%202013-142%20-%20Postal%20and%20Telecommunications%20(Subscriber%20Registration)%20Regulations%2C%202013.p...
- https://web.archive.org/web/20241204210831/https://privacyinternational.org/news-analysis/1496/zimbabwe-threatening-privacy-rights-new-sim-registration-database
- https://web.archive.org/web/20210805153426/https://zimbabwe.misa.org/2016/04/01/misa-zimbabwe-statement-on-the-postal-and-telecommunications-subscriber-registration-regulations/
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ZIMBABWE
Reported in 2024
Pillar Content access |
Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Zimbabwe for the year 2023. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal
ZIMBABWE
Since February 2002, as amended in September 2003
Since October 2004, last amended in July 2020
Since October 2004, last amended in July 2020
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Broadcasting Services Act
Broadcasting Services (Licensing and Content) Regulations, 2004
Broadcasting Services (Licensing and Content) Regulations, 2004
According to Art. 7.1 of the Broadcasting Services Act, no person may provide a broadcasting service or operate as a signal carrier in Zimbabwe without a broadcasting licence or a signal carrier licence. Art. 7.2 specifies that a broadcasting licence authorises the licensee to offer various types of broadcasting services, including narrowcasting, datacasting, and webcasting. However, under Art. 8.1, a broadcasting licence can only be issued to individuals who are citizens of Zimbabwe or to a corporate entity in which a controlling interest is held, whether directly or indirectly, by one or more Zimbabwean citizens.
Art. 7 of Broadcasting Services (Licensing and Content) Regulations, 2004 provides the licensing requirements for narrowcasting, datacasting, and webcasting. It is reported that the Zimbabwean authorities might use this section to require licensing fees for video-on-demand and live-streaming services (YouTube, Facebook, Netflix, etc.), and, as a result, smaller companies have to obtain licenses ranging from USD 2,500 to USD 20,000.
Art. 7 of Broadcasting Services (Licensing and Content) Regulations, 2004 provides the licensing requirements for narrowcasting, datacasting, and webcasting. It is reported that the Zimbabwean authorities might use this section to require licensing fees for video-on-demand and live-streaming services (YouTube, Facebook, Netflix, etc.), and, as a result, smaller companies have to obtain licenses ranging from USD 2,500 to USD 20,000.
Coverage Video-on-demand and live streaming services
Sources
- https://web.archive.org/web/20240511102706/https://www.itu.int/ITU-D/projects/ITU_EC_ACP/hipssa/Activities/SA/docs/SA-1_Legislations/Zimbabwe/Broadcasting_Services_Act.PDF
- https://web.archive.org/web/20240623065517/https://www.veritaszim.net/sites/veritas_d/files/SI%202020-027%20Broadcasting%20Services%20(Licensing%20and%20Content)%20(Amendment)%20Regulations%2C%202020%...
- https://web.archive.org/web/20210124213402/https://zimbabwe.misa.org/2018/01/31/government-broadcasting-licence-call-questionable/
- https://web.archive.org/web/20230917035331/https://www.refworld.org/pdfid/5108df192.pdf
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ZIMBABWE
Since December 2021, entry into force in March 2022
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Cyber and Data Protection Act [Chapter 12:07]
Sections 28 and 29 of the Cyber and Data Protection Act establish a framework for the cross-border transfer of data. Data can be transferred to countries that offer adequate protection. In addition, data can be transferred if it is in the public interest to do so. The data subject must provide consent for their information to be transferred. However, this consent may also be implied or offered ambiguously.
Moreover, Section 11 of the Cyber and Data Protection Act prohibits the processing of sensitive personal information unless with the consent of the data subject or where processing is for legitimate purposes. Sensitive data, according to Section 3, includes social, political, and cultural information, as well as health and genetic information, and any information which may be considered as presenting a significant risk to the rights of the data subject.
Moreover, Section 11 of the Cyber and Data Protection Act prohibits the processing of sensitive personal information unless with the consent of the data subject or where processing is for legitimate purposes. Sensitive data, according to Section 3, includes social, political, and cultural information, as well as health and genetic information, and any information which may be considered as presenting a significant risk to the rights of the data subject.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240110111654/https://www.veritaszim.net/sites/veritas_d/files/Cyber%20%26%20Data%20Protection%20Act%20Cap1207%20No%205%20of%202021%20gaz%202022-03-11.pdf
- https://web.archive.org/web/20240229123040/https://zimbabwe.misa.org/2021/12/06/analysis-of-the-data-protection-act/
- https://www.veritaszim.net/node/5522
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ZIMBABWE
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Zimbabwe has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
ZIMBABWE
Since December 2021, entry into force in March 2022
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Cyber and Data Protection Act [Chapter 12:07]
Zimbabwe has a comprehensive regime of data protection in place: the Cyber and Data Protection Act [Chapter 12:07] was promulgated with the policy objective of data privacy and protection of all data collected by Data Controllers both within and outside Zimbabwe depending on the location of the means used to process the said data. The Act seeks to shield the privacy of such information and regulate the way in which such information is stored, used and disclosed.
Coverage Horizontal
ZIMBABWE
Since October 2013, last amended in June 2019
Pillar Domestic data policies |
Sub-pillar Minimum period for data retention
Postal and Telecommunications Regulations Statutory Instrument 142 of 2013
Sections 4-7 of the Postal and Telecommunications Regulations mandate ICT service providers to obtain, record and store personal information of juristic and natural persons who are registered with these entities. Such a register is to be known as a Subscriber Register. The register is to be provided to POTRAZ or any state agency upon request and without delay. Furthermore, the regulation provides for the establishment of a Central Subscriber Database, which is the consolidated portal for personal information gathered from subscribers.
Coverage ICT service providers
ZIMBABWE
Reported in 2018, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Inadequate enforcement of copyright online
It is reported that copyright is not adequately enforced online in Zimbabwe. Pirating of books, videos, music, and computer software is reported to be common in the country.
Coverage Software
ZIMBABWE
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Zimbabwe has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
ZIMBABWE
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Zimbabwe has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
ZIMBABWE
Since August 2007
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Mandatory disclosure of business trade secrets such as algorithms or source code
Interception of Communications Act of 2007
Section 11 of the Interception of Communications Act allows security and law enforcement agencies to impose disclosure requirements in respect of encrypted information where they believe that a key to encrypted information is in the possession of that person and that a disclosure requirement is necessary in the interests of national security, to prevent or detect a serious criminal offence, or in the interests of the country’s economic well being. Failure to comply is a criminal offence punishable by imprisonment, a fine, or both.
Coverage Encrypted information
ZIMBABWE
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Zimbabwe has no rules applicable to the protection of trade secrets.
Coverage Horizontal
ZIMBABWE
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Zimbabwe to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
ZIMBABWE
Reported in 2020, last reported in 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom market
In Zimbabwe, state-owned companies play a dominant role in the telecommunications sector. The government owns a significant stake in two of the three mobile service providers, including full ownership of NetOne and 60% of Telecel through Zimbabwe Academic Research and Education Network (ZARNet), a government-owned internet service provider and government agency. In addition, the state owns the only fixed-line service provider, TelOne. As for the main operators of the national network infrastructure, TelOne controls about 24% of the country's bandwidth capacity and about 23% of the revenues generated by the Internet. On the other hand, Powertel, belonging to the Zimbabwe Electricity Supply Authority, controlled 4.3% of the country's bandwidth capacity.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230211202937/https://www.netone.co.zw/#/history
- https://web.archive.org/web/20240719234519/https://www.paynow.co.zw/blog/who-owns-telecel-zimbabwe/
- https://web.archive.org/web/20230626095327/https://www.telone.co.zw/Content/Uploads/reports/c4dee6b5-00c2-46c6-97b0-d419b133d7cc.pdf
- https://www.wto.org/english/tratop_e/tpr_e/tp498_e.htm
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