Subordinating Freedom of Expression to Human Dignity: Promoting or Undermining Journalism—A Case of Zimbabwe

ABSTRACT

Motivated by a 2014 Constitutional Court opinion that under Zimbabwe’s new constitution of 2013, freedom of expression might have to be considered as subordinate to human dignity, the study analyses the implications of this on journalistic practice. The study argues that such a move would undermine watchdog journalism, thereby limiting people’s freedom of expression right to receive information. This is based on a textual analysis of Zimbabwe’s freedom of expression jurisprudence, which shows that currently the odds are in favour of protecting the reputation of those in power. Thus, subordinating freedom of expression to human dignity might mean worsening an already bad situation.

KEYWORDS:

• Freedom of expression
• human dignity
• First Amendment
• Zimbabwe
• human rights
• ubuntu

Acknowledgements

The author would like to thank the two anonymous reviewers, who critically read the manuscript and provided valuable feedback. The author would also wish to thank Professor Jane Kirtley who helped guide the project by providing critical feedback and invaluable advice along the process.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Additional information

Funding

The author(s) received no financial support for the research, authorship, and/or publication of this article.