ZMC Urges Journalists to Embrace Technology Responsibly

The Zimbabwe Media Commission (ZMC) has issued a critical call to journalists and media organisations to adopt artificial intelligence (AI) responsibly, emphasising the need for robust ethical standards and clear newsroom policies. While acknowledging AI's transformative potential for efficiency and content creation, the ZMC highlighted significant risks, including the spread of misinformation, algorithmic bias, and challenges to intellectual property and data privacy. This directive underscores a growing global concern within the media industry regarding the ethical integration of AI, urging a balanced approach where human oversight remains paramount. The ZMC's stance signals a proactive regulatory engagement with emerging technologies, aiming to safeguard journalistic integrity and public trust in an evolving digital landscape.

The rapid advancement of artificial intelligence (AI) is fundamentally reshaping industries worldwide, and journalism is no exception. In Zimbabwe, the Zimbabwe Media Commission (ZMC) has taken a proactive stance, urging media practitioners and organisations to embrace AI technology responsibly. This call, made during a capacity-building workshop on AI and journalism, highlights the dual nature of AI: a powerful tool offering significant opportunities for enhanced efficiency and content creation, yet simultaneously posing substantial ethical and professional risks that demand careful navigation.

ZMC Director Nyaradzo Makombe emphasised that while AI tools can streamline newsroom operations, from content generation to multimedia production and audience engagement, their adoption must be strictly guided by strong ethical standards and clear newsroom policies. The Commission's message is clear: AI should complement, not replace, human editorial judgment, with human oversight remaining critical to ensuring accuracy, fairness, and credibility in news reporting. This position reflects a broader global dialogue on the responsible integration of AI into journalistic practice, aiming to foster innovation while mitigating potential harm to public trust and media integrity.

This article delves into the legal and ethical implications of AI use in Zimbabwean journalism, examining the existing regulatory framework and the challenges that arise. It will explore how current statutes, such as data protection and intellectual property laws, intersect with AI-driven journalistic practices, and consider the ZMC's role in promoting responsible technology adoption. Ultimately, the article aims to provide practitioners with insights into navigating this complex landscape, ensuring compliance and upholding professional standards.

The Zimbabwe Media Commission (ZMC) is a constitutional body established under the Zimbabwe Media Commission Act [Chapter 10:35]. Its mandate includes upholding, promoting, and developing freedom of the media, promoting and enforcing good practices and ethics in the media, monitoring broadcasting, encouraging the formulation of codes of conduct, and investigating complaints against media practitioners. The Act also explicitly encourages the adoption of new technology in the media and in the dissemination of information. This statutory framework positions the ZMC as the primary regulator of the media industry in Zimbabwe, tasked with balancing media freedom with accountability and ethical conduct.

Beyond the ZMC Act, several other legislative instruments form the backdrop against which AI in journalism must be considered. The Data Protection Act [Chapter 11:12], gazetted in December 2021, is particularly relevant. This Act mandates adherence to data protection and privacy principles when collecting and processing personal information, applying to data processed wholly or partly by automated means. It also criminalises offences such as unlawful acquisition and disclosure of data, and regulates trans-border data flow, requiring consent for sensitive data. Furthermore, while criminal defamation was struck down by the Constitutional Court in 2016, civil defamation remains a pertinent legal risk, especially with the potential for AI to generate misleading content. The Copyright and Neighbouring Rights Act [Chapter 26:05] also presents challenges, as it primarily recognises human authorship, leaving a legal vacuum regarding the ownership and protection of AI-generated works.

Zimbabwe has also been developing broader policy frameworks to address the digital transformation. The National Media Policy, launched by President Emmerson Mnangagwa, aims to provide a framework for ensuring access to factual information, addressing data privacy, misinformation, and user rights. Additionally, the Zimbabwe National Artificial Intelligence Strategy 2026-2030, while not having direct legal force, sets out guiding principles for AI development, including human-centric and ethical AI, transparency, inclusivity, and non-discrimination. These policies and legislative developments collectively underscore the government's recognition of the profound impact of emerging technologies and the imperative for a structured approach to their governance.

The ZMC's directive for responsible AI adoption by journalists in Zimbabwe highlights several critical legal and ethical considerations. A primary concern is the potential for AI to generate misinformation and fabricated content, often referred to as 'deepfakes'. Such content poses significant risks under existing defamation laws. While criminal defamation was deemed unconstitutional, civil defamation actions can still be pursued where a false, published statement injures a person's reputation. The ease with which AI can create convincing but false narratives necessitates stringent human verification processes, as emphasised by the ZMC, to avoid legal liability and reputational damage.

Another significant area of legal uncertainty lies in intellectual property (IP) rights, particularly concerning AI-generated content. Zimbabwe's Copyright and Neighbouring Rights Act [Chapter 26:05] traditionally recognises human authorship. This framework struggles to accommodate works created solely by AI, as AI systems lack legal capacity and cannot be considered authors. This raises complex questions about ownership, licensing, and potential infringement, especially when AI models are trained on copyrighted material without explicit consent or remuneration. Media organisations must develop clear contractual agreements with AI developers and users to define IP ownership and usage rights, and monitor for potential infringement risks.

Data protection and privacy are also paramount. The Data Protection Act [Chapter 11:12] imposes strict requirements on data controllers, including lawful, fair, and transparent processing of personal data, purpose limitation, data minimisation, and obtaining explicit consent for sensitive information. The use of AI in journalism, particularly for data analysis or personalised content, must comply with these provisions. Journalists must be acutely aware of the risks to source confidentiality and the potential for algorithmic bias to perpetuate stereotypes or discriminatory outcomes, which could lead to legal challenges under privacy and anti-discrimination principles.

Comparative approaches from other African jurisdictions and international guidelines underscore the ZMC's position. Media bodies in countries like South Africa, Kenya, and The Gambia are also developing guidelines that stress transparency, human oversight, and ethical considerations for AI use in newsrooms. Common recommendations include disclosing AI use in content, mandatory human review, and developing internal AI policies. These practices aim to build public trust, which is particularly vulnerable to erosion by AI-generated misinformation. The ZMC's call for comprehensive AI policies within media houses aligns with these international best practices, advocating for a proactive rather than reactive approach to AI governance.

Despite the existing legal framework, there are acknowledged gaps. Zimbabwe currently lacks dedicated AI liability legislation, meaning courts would likely adapt existing legal principles, such as tort law, to address AI-related harm, which can be challenging given the complexity of establishing causality and apportioning blame. The National AI Strategy acknowledges the need for embedding data protection principles within AI governance structures and addressing algorithmic bias and transparency in automated decision-making. This indicates a recognition at the policy level that current laws may not fully address the nuances of AI, necessitating ongoing legal reforms and the development of specific AI governance frameworks.

The Zimbabwe Media Commission's call for responsible AI adoption by journalists is a timely and essential intervention in an increasingly digitised media landscape. For practising attorneys and legal professionals advising media organisations, this directive underscores the immediate need to develop comprehensive AI governance frameworks and newsroom policies. These policies must clearly define acceptable uses of AI, establish mandatory human verification protocols for AI-generated content, and ensure transparency with audiences regarding AI involvement in journalistic processes.

Practitioners should proactively review existing legal frameworks, particularly those pertaining to data protection, intellectual property, and defamation, to assess their applicability and potential shortcomings in the context of AI. Given the evolving nature of AI technology and its legal implications, continuous legal education and engagement with emerging best practices, both locally and internationally, will be crucial. As Zimbabwe continues to develop its national AI strategy and potentially specific AI legislation, legal professionals must guide media clients in navigating these changes to mitigate risks, uphold ethical standards, and maintain public trust in the integrity of information.