SECTOR 1 Freedom of expression, including freedom of the media, is effectively protected and promoted. 1.1 Freedom of expression, including freedom of the media, is guaranteed in the constitution and supported by other pieces of legislation. Freedom of expression – including the freedom to hold opinions; to receive ideas and information; to impart and communicate ideas and information; and to correspond without interference – and freedom of the press are enshrined in the Zambian Constitution of 1991 (which was amended substantially in 1996) and guaranteed under Article 20. “The problem with the current Constitution is that it looks good on paper but in practice...” However, provisions made under Article 20(3) can restrict these freedoms in the interests of defence, public safety, public order, public morality or public health, among other broad stipulations. Article 25 of the Constitution also provides for fundamental rights, including freedom of expression, to be suspended during wartime or a state of emergency. “The problem with the current Constitution is that it looks good on paper but in practice, freedom of expression is limited and not supported by regulation or legislation. Legislators tend to suppress freedom of expression and the media.” There is no other legislation in Zambia that protects freedom of expression and the media. However, a number of laws exist in the Penal Code, based on the colonial legislation brought in by the British in the 1930s and incorporated in Zambian law in 1964, that restrict freedom of expression and are very mediaunfriendly. These include the Official Secrets Act of 1969, which prevents civil servants from communicating certain information. (see indicator 1.3) There is currently no Freedom of Information Act, and a Freedom of Information Bill, tabled in Parliament in 2002, was withdrawn by government without reason in November of that same year. There have been two attempts to review the Constitution, a process that has been underway since 1990. A latest draft, proposed by the Mung’omba Constitution Review Commission in 2005 and further amended by the National Constitutional Conference in 2009, included provisions to ensure freedom of expression and media freedom. 10 AFRICAN MEDIA BAROMETER ZAMBIA 2011