The quarter witnessed arrest of individuals under the law on defamation of the President contained
in Section 69 of the Penal Code Act. For example, in May alone, two arrests were noted involving
the law on defamation of the President when police detained EEP leader Chilufya Tayali and UPND
Presidential aide Mubita Nawa in two separate incidents17.

FILE: Chilufya Tayali after appearing in the Lusaka Magistrates’ Court-picture by Tenson Mkhala

Similarly, in June, the Lusaka Magistrates’ Court found New Labour Party leader Fresher Siwale with
a case to answer in a matter he is accused of defaming President Edgar Lungu by questioning his
citizenship and identity18. Prior to this, the Lusaka Magistrate’s Court acquitted former NDC leader
Chishimba Kambwili of a case in which he was facing a charge of defamation of the President for
questioning President Lungu’s association with a prominent businessman19.
The law on defamation of the President is one of many that freedom of expression activists
have been advocating against for a long time, given its potential to stifle freedom of expression
because of the vague, arbitrary provisions it contains. The law contains elements of both criminal
defamation and insult laws.
The law offers special protection to a President who already has immunity against legal suits and
can, thus, actually defame opponents at will while making it criminal for them to defame him, a
status that can stifle genuine debate and criticism of the office of President.
Additionally, the law is somewhat nebulous as based on the latitude and wide discretion it gives
17 Statements issued by the police spokesperson stated that the arrest of UPND’s Mubita Nawa on 10th May was in line with
a video which went viral after being posted on various social media platforms while the arrest of Tayali on 7th May was in
relation to another video which went viral on social media after the suspect allegedly made derogatory remarks against
President Edgar Lungu.
18 As reported in The Mast Newspaper of 11th June, 2021. See https://www.themastonline.com/2021/06/11/magistratefinds-siwale-with-case-to-answer-in-lungu-defamation-case/
19 According to media reports, the Lusaka Magistrate Court’s decision to acquit Mr Kambwili came after a request by
affected parties to settle the matter outside court. In this case, Mr Kambwili was facing trial for defaming President Lungu
after he questioned his association with a prominent businessman. This followed a complaint filed by New Congress party
president Peter Chanda.

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State of the Media in Zambia

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