By Features Editor
Harare, Zimbabwe—After years of debate, activism, and legal wrangling, Zimbabwe has achieved a major legislative victory in its long-running battle to curb the proliferation and harmful effects of online pornography. This victory is primarily marked by the enactment of the Cyber and Data Protection Act (Chapter 11:12), which culminated a legislative process spanning almost a decade, addressing the gaping holes in old anti-obscenity laws.
The 15-Year Struggle for Legal Clarity
For years, local activists, women’s rights organizations, and legal experts argued that Zimbabwe’s outdated Censorship and Entertainments Control Act was insufficient to deal with the modern threats posed by the internet, such as the rampant sharing of non-consensual intimate images. Cases of “revenge pornography” often left victims, predominantly women, without adequate legal protection, as they were sometimes threatened with prosecution themselves under the broad anti-pornography provisions.
The long legislative “battle” was characterized by intense pressure to balance digital rights with social protection, culminating in the passing of the Cyber and Data Protection Act in 2021.
Key Wins in the New Legislation
The new Act represents a significant legal win for victims and a clear stance by the government on the issue of harmful online content. It specifically and clearly criminalizes several acts that were previously difficult to prosecute:
Criminalization of Non-Consensual Sharing: The law now makes it explicitly illegal to send intimate images or videos of a person without their consent, a provision widely regarded as a specific clampdown on revenge pornography. Penalties for this offence can include up to five years in prison or a fine, or both.
Protection of Minors: The Act aligns Zimbabwe with international best practices by clearly criminalizing:
The production, dissemination, possession, or access (including streaming) of Child Sexual Abuse Material (CSAM).
Cybergrooming, where adults establish relationships with minors online to facilitate sexual contact.
Exposing children to pornographic material.
Upskirting and Voyeurism: It also addresses related issues by criminalizing the non-consensual recording of genitalia and buttocks beneath clothing, commonly known as ‘upskirting’.
This legislative success is seen by many rights groups as a major step towards addressing online gender-based violence (GBV). However, the real
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