police officers to decide what constitutes insulting matter-allowing for abuse. This is even more important considering the public status of a president or any other person occupying public office as they are expected to be accountable and transparent to the public in their actions. This, then requires a higher standard and thick skin against criticism, especially that the President is not above politics i.e. he is an executive and not titular president seen as a symbol of national unity. There are several arguments against maintaining such a law20. Chief, however, is the chilling effect on genuine criticism arising from the fear created by such arrests and detentions. It is imperative that those who genuinely defame the President are sued in the president’s private capacity21 or charged with appropriate insult or other laws related to seditious libel. It is, therefore, saddening that instances of application of the said law were noted during the quarter, even though no media practitioner was affected. Another notable issue in the quarter under review is the launch of a report titled “Ruling by fear and repression” by an international movement, Amnesty International. The report tracked the status of four key rights in Zambia, particularly the freedom of expression, association, peaceful assembly and right to life over a period of ten years22. The report cites various incidents which had an impact on freedom of expression and media freedom alike. Some of the incidents cited include the closure of the Post Newspaper and Prime Television. The report also alleges use of the law to criminalise peaceful dissent and a wide range of offences, including criminal defamation, incitement of public disorder and sedition, usually against government critics. Below is an excerpt from the report: While States can set up regulatory bodies for the media, such as Zambia’s IBA, such bodies must be independent and protected from undue interference.78 The determination of any complaints against a media company brought before such a body must be transparent and free of political, commercial and other undue interference. …... Furthermore, as fair trial principles extend to “any process where rights and obligations are determined in a suit at law,” media outlets must be afforded the right to a fair trial in respect of any complaints brought against them. This includes the right “to a fair and public hearing by a competent, independent and impartial tribunal”, to be informed promptly of the nature and cause of the case against them, to have adequate time and facilities for the preparation of their defense, to be present during the determination of their case, and to examine witnesses and evidence against them. The initial closure of Prime TV did not meet these requirements and therefore constituted, not only a violation of the right to freedom of expression and media freedom, but also fair trial rights. The Zambian authorities are further required to ensure an enabling environment for the work of journalists, including putting in place and raising awareness of laws and standards 20 See the following: Manchishi, K. (2017). Defamation of the President and the law’s effect on media performance: a study of the Zambia Daily Mail and The Post Newspaper. Unpublished master’s thesis. Lusaka: University of Zambia; Kasoma, F. (2004). Community radio: its management and organisation in Africa. Lusaka: ZIMA; Ministry of Information and Broadcasting Services, 2000. Report of the taskforce on media law reform; Chanda, A. W. and L. Mufalo (1999). Handbook of media laws in Zambia. Lusaka: ZIMA. 21 Precedence for this was set in 2012 when then President Michael Sata sued (in his personal capacity) the proprietor of a tabloid, the Daily Nation along with a lecturer from the University of Zambia, claiming general and exemplary damages for defamation of character. 22 The report is based on interviews with a cross section of individuals representing victims of human rights violations, government officials and representatives of political parties, civil society organisations, and media outlets. The organisation also undertook desk research and examined newspaper accounts and official documents, as well as secondary publications such as journal articles and books. The full report is available at https://www.amnesty.org/download/Documents/ AFR6340572021ENGLISH.PDF State of the Media in Zambia 11