Cyber bullying has become more prevalent with the use of technology and the effects are long lasting as this type of bullying often leaves a digital footprint which can be damaging to a person’s mental and physical wellbeing. In Zimbabwe our legislature has made inroads to curb cyber bullying through the enactment of the Cyber and Data Protection Act (Chapter 12:07). Cyber bullying is often disguised as freedom of speech and in most cases will go unnoticed hidden behind the veil of freedom of expression. The question that begs an answer is where does one find the right balance between cyberbullying and freedom of expression. Let’s start by defining cyber bullying.
What is cyber bullying?
Cyberbullying is bullying with the use of digital technologies to harass, spread lies, post humiliating photos, intimidate, threaten, degrade, bully or cause emotional distress to a person without their express consent. The most common media where cyber bullying often occurs is on social media platforms like Facebook, Instagram, TikTok and Snapchat.
The Law in relation to Cyber Bullying and freedom of expression
The difference between cyber bullying, the right to access information and the right to express oneself boils down to intent. Publishing information without someone’s consent when one is fully aware that the information they are disseminating will hurt, humiliate, degrade, embarrass or cause emotional distress to someone constitutes cyber bullying especially when it is not in the public’s interest to do so. The Law in Zimbabwe is very clear on this, Section 164B of the Cyber and Data Protection Act Clearly states that:
“Any person who unlawfully and intentionally by means of a computer or information system generates and sends any data message to another person, or posts on any material whatsoever on any electronic medium accessible by any person, with the intent to coerce, intimidate, harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence…”
The consequences of cyberbullying could be severe, especially on mental health, potentially leading to suicide in extreme cases. When bullying rises to the level of actual threats, it goes beyond the protections of freedom of speech. If you tell a person you intend to do them harm, in person, that’s a threat and doing it over the internet changes nothing it still remains a threat but one that has long lasting effects.
Freedom of speech and the right to access information on the other hand are usually in the public interest and the intention is not to harm, humiliate or induce emotional distress but rather to be heard or to inform the public on something that may probably of national interest. The main principles behind freedom of information legislation is that people have a right to know about the activities of public authorities in reference to public accountability or for the exercise or protection of a right. This is a right guaranteed in Section 61 of the Constitution of Zimbabwe. Unlike cyberbullying access to information is confined to individuals who bear the duty to disclose information to the public and does not in any way amount to cyberbullying even if the information published maybe considered humiliating. The intention is not to cause feelings of harm or hurt but it is always to hold the person accountable. Section 61(5) goes on to enunciate the extent to which the right of freedom of speech is protected:
(5) Freedom of expression and freedom of the media exclude—
(a) incitement to violence;
(b) advocacy of hatred or hate speech;
(c) malicious injury to a person’s reputation or dignity; or
(d) malicious or unwarranted breach of a person’s right to privacy.
There are far reaching consequences to cyber bullying in Zimbabwe which will not only result in defamation damages but incarceration as well since the recent legislation has criminalised it. The Cyber and Data Protection Act states that a person found to be in violation of Section 164B shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.
The online environment makes it easier for people to express their thoughts but before you publish that information pause to think about the intent behind the publication. Of course, you can say what you want but remember that it may come at a price and the price might cost you your freedom.
The purpose of this publication does NOT constitute our legal or professional advice. Readers are advised not to act on the basis of the information contained herein alone.
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