ZIMBABWE
Since December 2021, entry into force in March 2022
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for 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 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 January 2018, last amended in 2020
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement and Disposal of Public Assets (General) Regulations of 2018
The Public Procurement and Disposal of Public Assets (General) Regulations 2018 (Section 8.2) provides for a margin of preference of up to 15% of the procurement goods and 7.5% of service contracts to domestic suppliers or manufacturers. Within these prescribed limits, preference may be given to bidders that are domestic suppliers or manufacturers, and an extra preference, within the prescribed limits, may be given to women or entities controlled predominantly by women or to Zimbabwean universities or polytechnics.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241125160337/https://www.fao.org/faolex/results/details/en/c/LEX-FAOC200456
- https://web.archive.org/web/20210226235101/http://www.praz.org.zw/?wpdmpro=public-procurement-and-disposal-of-public-assets-general-2018
- https://web.archive.org/web/20210227002444/https://www.praz.org.zw/?wpdmpro=public-procurement-disposal-act-22-23
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ZIMBABWE
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Zimbabwe has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=17961&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
ZIMBABWE
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Zimbabwe is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
ZIMBABWE
Since February 2002, as amended in September 2003
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Broadcasting Services Act
According to Art. 7.1 of the Broadcasting Services Act, no person shall provide a broadcasting service or operate as a signal carrier in Zimbabwe except in accordance with a broadcasting licence or a signal carrier licence. A broadcasting licence shall authorise the licensee to provide several classes of broadcasting services, including narrowcasting, datacasting, and webcasting (Art. 7.2). However, pursuant to Art. 8.1, a broadcasting licence shall be issued only to individuals who are citizens of Zimbabwe or to a corporate body in which a controlling interest is held, whether through any individual, company association or otherwise, by one or more individuals who are citizens of Zimbabwe.
Coverage Broadcasting sector
ZIMBABWE
Since March 2000
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Postal and Telecommunications Act, [Chapter 12:05]
According to Section 36 of the Postal and Telecommunications Act, the Postal and Telecommunications Regulatory Authority issues telecommunications licenses only to legal entities in which Zimbabwean citizens hold a "controlling interest", directly or indirectly. However, a license may be issued to a legal entity without such a majority shareholding, provided that within a period set out in the license, one or more such persons acquire a majority shareholding. As established in the same article, a "controlling interest" in a legal entity means that any of the following conditions are met: holding a majority of the shares of the entity; the shares represent more than 50% of the share capital of the entity; the shares are worth more than 50% of the share capital of the entity; or the shares give their holders a majority or a preponderance of votes in the affairs of the entity.
Coverage Telecommunications sector
ZIMBABWE
Since February 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Zimbabwe Investment and Development Agency Act [Chapter 14:37] No. 10/2019
Zimbabwe screens FDI through the Zimbabwe Investment and Development Agency (ZIDA) in liaison with relevant line ministries to confirm compliance with the country’s laws. Section 3 of Act No. 10/2019 establishes the ZIDA as a legal person. The government created the ZIDA to oversee the licensing and implementation of investment projects in the country. Part V of Act No. 10/2019 provides investors with the ability to obtain investment licences. ZIDA has established a one-stop investment services centre (OSISC, section 5 of the Act), which houses several agencies that play a role in the licensing, establishment, and implementation of investment projects.
Coverage Horizontal
ZIMBABWE
Since June 1997
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Zimbabwe is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
ZIMBABWE
Since September 2004
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyright and Neighbouring Rights Act of 2004
Zimbabwe has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Part III of the Copyright and Neighbouring Rights Act lists the exceptions, which include the use with purposes of research or private study, educational use of copyright material, criticism, review, or news reporting, among others.
Coverage Horizontal
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