SECTOR 1

Sections on sedition and related practices proscribe public debate on issues and
publication of information deemed likely to arouse popular disaffection against
the state. Sections 57(1) and 60(1) prohibit sedition (jail term of seven years) and
defines “seditious intention” very widely as, among others, the “intention … to
excite disaffection against the government” or “to raise discontent or disaffection
among the people of Zambia”. Editors, assistant editors and publishers can be held
criminally liable for the publication of seditious material in terms of Section 61.
Section 69 deals with defamation of the president and provides that “any person
who, with intent to bring the President into hatred, ridicule or contempt, publishes
any defamatory or insulting matter … is guilty of an offence and is liable on
conviction to imprisonment for up to three years”, without the option of a fine.
The legislation even makes it an offence for anyone to insult the Zambian national
anthem.
Section 177(1) criminalises the publication of obscenity (imprisonment of up to
five years), without defining what is deemed to constitute obscene matter.
Section 191 of the Penal Code makes is a criminal offence to publish defamatory
material.
Section 4 of the State Security Act of 1969 makes it an offence (punishable by
up to 25 years’ imprisonment) to retain or communicate to other persons any
information obtained as a result of one’s present or former employment with
government.
The National Assembly enjoys special ‘protection’ under Section 19 of the National
Assembly (Powers and Privileges) Act Cap 12 of the laws of Zambia. To “show
disrespect in speech or manner towards the Speaker” or to “commit any other act
of intentional disrespect with reference to the proceedings of the Assembly” is an
offence liable to a fine or imprisonment with or without hard labour for a period
not exceeding three months.
The Criminal Procedure Code Act of 1933 has a number of provisions that impact
the media directly. Section 143, for example, compels witnesses to give evidence
in a criminal court if they are able to give material evidence or have in their
possession documents relevant to the case. If such a witness fails to attend court
without a lawful excuse, Section 145 empowers a court to issue a warrant for the
arrest of any such person. Under these provisions, journalists could also be forced
to disclose confidential sources of information.

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AFRICAN MEDIA BAROMETER ZAMBIA 2011

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