INFORMATION AND

COMMUNICATIONS
TECHNOLOGY LAW
5 SEPTEMBER 2024
NKOSANA MAPHOSA
TIPS FOR STUDENTS ON APPROACHING ICT LAW

1. Understand the Interdisciplinary Nature of ICT Law

• ICT Law intersects with various branches of law, including telecommunications, privacy, data
protection, intellectual property, and criminal law. Embrace the broad nature of the field and be
prepared to engage with diverse legal issues that arise from technological advancements.
2. Stay Updated on Current Developments
• Technology evolves rapidly, and so does the law. Regularly follow updates in ICT law, such as
new regulations, court decisions and policy changes, both locally in Zimbabwe and
internationally. This will help you stay relevant and informed.
3. Focus on Global, Regional and National Contexts
• ICT law is not confined to Zimbabwe. Understand the global standards (like GDPR), regional
frameworks (e.g., AU’s digital strategy), and national laws (e.g., Zimbabwe’s Cyber and Data
Protection Act). Recognise how international standards influence local legislation.
4. Engage with Real-World Applications
• Apply what you learn to real-world scenarios, such as advising on technology contracts,
evaluating data protection policies, or understanding the legal implications of social media use.
This practical approach will deepen your understanding of how ICT law operates daily.
5. Explore Ethical and Human Rights Considerations
• Technology can both protect and infringe on human rights. Pay attention to ethical issues, such
as digital surveillance, AI biases, and the balance between national security and individual privacy.
Understanding these nuances will prepare you to navigate complex legal dilemmas.
6. Develop Critical Thinking and Legal Reflexivity
• ICT Law often involves navigating uncharted territories. Adopt a critical mindset, question
existing norms and be open to interpreting the law in innovative ways that consider the dynamic
nature of technology.
7. Embrace the Legal-Tech Interface
Recognise the transformative power of technology on legal practice. This includes
understanding how AI, blockchain and big data reshape evidence, contract law, and
compliance. Be ready to engage with tools and technologies that enhance legal practice.
8. Focus on Key Legal Principles and Case Studies
• Delve into principles like privacy, data protection, freedom of expression and
cybersecurity. Analyse relevant case studies to understand how these principles are
applied in courts, particularly within Zimbabwe and other jurisdictions.
9. Active Participation
• Engage in class activities, such as debates, moot courts, and discussions on regulatory
frameworks. These platforms provide opportunities to apply theoretical knowledge practically,
enhancing your analytical and argumentation skills.
10. Pay Attention to the Regulatory Environment
• Understand how governments regulate technology, including licensing requirements, content
restrictions and compliance obligations for companies. Analyse the role of regulatory bodies like
POTRAZ (Postal and Telecommunications Regulatory Authority of Zimbabwe) and their impact
on ICT Law.
11. Prepare for Practical Assignments and Assessments
• Anticipate assignments that require in-depth legal research, writing policy briefs, or
producing videos on ICT Law topics. Develop your skills in legal writing, research, and
presenting complex information concisely and accurately.
12. Network with Professionals and Attend Relevant Seminars
• Attend seminars, workshops, and guest lectures to gain insights from practitioners in the
field. Networking with professionals can provide practical perspectives and opportunities
to engage with current legal challenges in ICT.
OBJECTIVE

• To introduce students to the field of ICT Law, exploring its nature, scope, sources and
how it integrates within the legal system.
LEARNING OUTCOMES

• Understand the scope of ICT Law.

• Recognise the interaction between technology and legal frameworks.
• Identify the key sources and principles guiding ICT Law.
MAPPING THE COURSE TERRAIN

• To provide an overview of the ICT Law landscape, including how it interacts with other
branches of law.
• Introduction to key themes, concepts, and the course's relevance in the modern legal
environment.
THE PLACE OF ICT LAW IN THE LEGAL SYSTEM

• Due to the rapid advancement of technology, ICT Law is a critical component in modern
legal systems, influencing sectors like trade, health, governance and human rights.
• Provides regulatory frameworks that address the challenges and opportunities brought
by digital technologies.
NATURE AND SCOPE OF ICT LAW

• ICT Law encompasses laws that govern information technology, digital communication,
media, data protection, cybersecurity, and electronic transactions.
• Its scope includes topics like privacy rights, data protection, cybersecurity, regulation of
digital platforms, and online speech.
SOURCES

• International Sources: International treaties, conventions and guidelines, such as the

GDPR in the EU, ITU regulations and UN guidelines on digital rights.
• Regional Sources: African Union (AU) instruments, SADC Model Law on Computer
Crime and Cybercrime.
• National Sources: Zimbabwean laws, including the Cyber and Data Protection Act,
Postal and Telecommunications Act and Broadcasting Services Act etc.
CONSTITUTIONAL CONSTRAINTS

• How constitutional provisions impact ICT regulation.

• Balancing rights to freedom of expression and media freedom, privacy and access to
information against national security and public order concerns.
PROSPECTS AND DISCONTENTS OF THE
TECHNOLOGY REVOLUTION
• Enhanced access to information, e-commerce, improved governance and digital literacy.
• Digital divide, privacy concerns, cybercrime, misinformation and regulatory lag.
FRAMING THE LAW AND TECHNOLOGY
INTERFACE
• Understanding how technology disrupts traditional legal paradigms and requires
innovative regulatory responses.
• Key Areas: AI ethics, data protection, internet shutdowns and digital surveillance.
THE ROLE OF MEDIA IN SOCIETY

• Media serves as the fourth estate, holding power to account, informing the public and
shaping public discourse.
• Media freedom, balanced with responsibilities and ethical obligations.
INTRODUCTION TO MEDIA LAW AND
REGULATION
• Media law includes regulations on print, broadcast and digital media.
• Focuses on licensing, content regulation and standards for responsible reporting.
PRINCIPLES OF DEMOCRATIC BROADCASTING

• Pluralism, impartiality, access to information and public accountability etc

• Role of Regulatory Bodies: Ensuring compliance with broadcasting standards and
safeguarding democratic principles.
PUBLIC VERSUS PRIVATE INTERESTS

• Navigating the tension between private media ownership and the public's right to access
unbiased information.
• Ensuring that media serves the public interest without undue influence from private
owners.
SAFETY OF JOURNALISTS

• Journalists face threats, harassment, and violence, especially in politically sensitive

environments.
• National and international frameworks that protect journalists' rights and promote press
freedom.
STRIKING THE BALANCE: FREE PRESS, NATIONAL
SECURITY, PRIVACY AND REPUTATIONAL INTERESTS

• Balancing the right to free expression with national security concerns, individual privacy
and protection from defamation.
• Analysis of landmark cases where these rights have come into conflict.
INVESTIGATION AND PROSECUTION OF CRIMINAL
CONDUCT
• Ethical reporting during criminal investigations to avoid prejudicing legal processes.
• Legal Restrictions: Contempt of court, reporting restrictions and ethical guidelines.
MEDIA AND RESPONSIBLE REPORTING

• Accuracy, objectivity, fairness and avoidance of harm.

• “Fake news”, (information disorders) sensationalism and the impact of misinformation.
MEDIA AND PUBLIC FIGURES

• Media coverage of public figures often raises privacy and defamation issues.
• Public figures have limited privacy protections compared to private individuals, but
ethical standards still apply.
COMPETITION REGULATION

• Ensuring fair competition within the media and telecommunications sectors to prevent
monopolistic practices.
• Competition laws govern market behaviour and promote consumer welfare.
THE REGULATION OF COMMUNICATIONS
(INCLUDING TELECOMMUNICATIONS)
• Regulating the telecommunications industry to ensure service quality, fair pricing and
consumer protection.
• Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) and
other relevant bodies.
INTRODUCTION TO THE LEGAL FRAMEWORK FOR
WIRED AND WIRELESS ELECTRONIC
COMMUNICATIONS
• Covers internet, broadcast and satellite communications.
• Issues like net neutrality, spectrum allocation and access to services.
ANALYSIS OF POWERS OF THE STATE AND JUDICIAL
AUTHORITIES TO INTERCEPT COMMUNICATIONS

• Legal standards governing state surveillance and interception of communications.

• Protecting national security while respecting individual privacy rights.
PRIVILEGE AND CONFIDENTIALITY

• Legal protections for privileged communications, including attorney-client privilege and

journalist-source confidentiality.
• Balancing the need for transparency with the protection of sensitive information.
TELEPHONE TAPPING AND CYBER SURVEILLANCE
VERSUS THE RIGHT TO PRIVACY
• Limits on state surveillance to prevent abuse of power.
• Human rights perspective: Ensuring surveillance activities respect fundamental rights to
privacy and freedom of expression.
• ICT Law is a dynamic and evolving field that addresses the intersection of technology,
law and society.
• The course aims to equip students with the knowledge to examine legal landscapes and
contribute to policy development in the ICT sector.
 YOUTUBE VIDEOS FROM THE ICT FOR LEGAL
EDUCATION PROJECT
∙ AI Ethics https://youtu.be/gxebHzgWnTA
∙ AI and Criminal Law: https://youtu.be/J7pWTBsOcYg
∙ AI Applications https://youtu.be/QByv4J0WVgM
∙ AI Ethics https://youtu.be/gxebHzgWnTA
∙ AI and Economic Development https://youtu.be/MUGmJAXzVKU
∙ AI and Intellectual Property https://youtu.be/ZWh1kc7Bx8g
∙ AI and Legal Theory https://youtu.be/cyx-DygZKB0
∙ AI and Cyber security https://youtu.be/9DB3t-dD7t0
∙ AI and Sports https://youtu.be/Wc9ibNfnQ10
∙ AI and Legal Personhood https://youtu.be/D9fAJdsqoLI
∙ AI and Children’s Rights https://youtu.be/H3mDuq25Ung
∙ AI and Financial Services https://youtu.be/zX3pO5H228I
∙ AI and the Rule of Law https://youtu.be/Z0GrH3kRY8M
∙ AI and the Law of Evidence https://youtu.be/NJl7zP2GpQk
Tanyaradzwa Mandoga (The impact of Artificial Intelligence on Intellectual Property Rights)
https://youtu.be/CbWS6yQYZAM?feature=shared
Leratho Sangarwe (Digital Constitutionalism in the New Era of Internet Governance)
https://youtu.be/ApUSvnra5Bo?si=e_Yie1cFGNhSSBIM
Shamiso Muchegwa (Digital Rights) https://youtu.be/jVhb1pGiR9c?feature=shared
Catherine Mazwati (Consumer Protection in the Digital Era)
https://youtu.be/FaVSd88YCkU?si=SftshF_hJkZ0_OlP
Leopold Mutero (ICTs and Tax Law ) https://www.youtube.com/watch?v=umz07WYo2AM

Mufaro Bukusa (Cybercrimes) https://youtu.be/QUDwhqCvEFk?feature=shared

• Mudehwe Panashe (The State of Internet Freedom in Southern Africa)
https://www.youtube.com/watch?v=HgCFp-4Ndgs
• Elizabeth Msipa (Artificial Intelligence and Competition Law)
https://www.youtube.com/watch?v=Icrms15Asro
• 10. Oliver Mushuma (Intellectual Property Law in the Digital Era)
https://www.youtube.com/watch?v=H4KDD6CkVZY
• David Dhumbura (Technology and Legal Education) https://www.youtube.com/watch?v=QuNvsjvXaes
• Linda Nyamasoka (Digital Evidence) https://www.youtube.com/watch?v=xAbKRlt43Wc
• Eunice Mutami (Interception of Communications Law)
https://www.youtube.com/watch?v=SbuMOFhOj0Y
•Joseph Dhayimani (Artificial Intelligence and the law of Delict)
https://www.youtube.com/watch?v=QsAzO0Kk8aU
• Lovemore Mutasa (Data Protection Law)
https://www.youtube.com/watch?v=Ro2KyCcK5eI
•Musawenkosi Nyangani (Legal Aspects of Electronic Commerce)
https://www.youtube.com/watch?v=teiibEdbwP8
∙ Patent (Intellectual Property) protection for computer-related inventions
https://youtu.be/QmafpJb2Jss
∙ Legal Aspects of Electronic Commerce https://youtu.be/u46jueC2bcw ;
https://youtu.be/VUwtYc9ysTI
∙ Data Protection https://youtube.com/watch?v=lXJO3X2-gow&feature=share
∙ Legal Regulation of Telecommunications https://youtu.be/js65cRV7wRM