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New York, June 20, 2000 --- Three journalists from the independent
Zimbabwean weekly The Standard were sentenced to pay massive
fines after a Harare court found them guilty of criminal defamation
last week, sources in Zimbabwe told CPJ.
On June 16, Harare magistrate Victoria Sithole found publisher Clive
Wilson, former acting editor Andy Moyse, and staff reporter Chengetai
Zvuaya guilty of intentionally publishing a false story alleging that
the government had printed the country's new draft constitution in
September 1999, long before state-appointed commissioners completed
their legal responsibility of canvassing the population for their
views on constitutional issues. The January 30 article quoted anonymous
sources at Government Printers, the state printing company.
In a letter to the editor published in the following issue of The
Standard, Jonathan Moyo of the Constitutional Commission dismissed
the newspaper's allegation as a "criminal lie." Moyo claimed that
the draft constitution could not possibly have been printed before
Parliament's plenary session on November 28, 1999, since the draft
was still being amended until that date.
In its February 20 edition, The Standard apologized to the
authorities, admitting that the scoop was partly fabricated. As a
result of this confession, acting editor Moyse resigned from the paper.
At the June 16 sentencing hearing, Sithole fined the three journalists
US$4000, US$8000, and US$6000 respectively. Wilson received the heaviest
fine because the court held him morally responsible for the fabrication,
according to CPJ's sources in Harare.
"Fabricating news is a violation of journalistic ethics, which The
Standard has taken steps to address," said CPJ Africa program
coordinator Yves Sorokobi. "But this is not a criminal matter. Civil
penalties provide adequate redress in cases where an individual has
been defamed; CPJ believes journalists should never go to jail for
what they write. We would also respectfully remind Zimbabwean authorities
that unlike individuals, governments cannot be libeled."
Only one of the 400 constitutional commissioners appointed by President
Robert Mugabe filed a criminal defamation complaint against the three
journalists, CPJ sources said. Defense lawyers have announced that
they will appeal both the conviction and the sentence.
END