AFRICAN MEDIA BAROMETER
ZAMBIA 2011
Summary
One of the major hindrances to press freedom, freedom of expression and access
to information in Zambia is the policy environment which is laden with various
laws and acts that inevitably suppress these freedoms. The Constitution of
Zambia provides for freedom of expression, including receiving, imparting and
communicating information and press freedom. Notwithstanding, these remain
largely only on paper since in practice there are claw back laws and other pieces
of legislation like the 1931 Penal Code of Act Cap 169 of the laws of Zambia,
the Official Secrets Act and the Printed Publications Act Cap 161 of the laws
of Zambia, among others which prohibit free access to information, freedom of
expression and media freedom. Furthermore, whilst the country is a signatory
to international accords that guarantee access to information, media freedom
and freedom of expression like the African Charter on Human and Peoples’ Rights
(1981), Windhoek Declaration (1991), SADC Protocol on Culture, Information and
Sport (2000), among others, there is no political will to implement and enforce
these important freedoms. Instead, the government continues to tactically control
the media, through maintaining past repressive laws that contravene people’s
rights to information access and freedom of expression.
The media environment in the country is beset with political interference and lack
of political will to promote media freedom, freedom of expression and access to
information. The media operates in a policy vacuum, where there are no laws that
specifically promote media freedom. For instance, a Freedom of Information Bill,
tabled in Parliament in 2002 was withdrawn by the government in November
of that year without any reason given or any consultation with the media. The
State’s lack of political will to create a diverse and conducive media landscape also
manifests itself in the failure to implement pieces of legislation that create the
necessary conditions for media freedom and access to information. For example,
the Independent Broadcasting Authority (IBA) Act of 2002 and the Zambia
National Broadcasting Corporation (ZNBC) Amendment Acts of 2002 and
2010, all of which have been passed are yet to be implemented as boards are yet to
be appointed. Political interference is also evident in the powers that the Minister
of Information and Broadcasting Services has to appoint board members for the
IBA at his discretion and to issue broadcasting licences at his whims. The public’s
access to information is also hindered by the Official Secrets Act of 1968 and the
State Security Act of 1969, which prohibit government officials from revealing
public interest information without official approval. The evident harassment of
journalists has escalated, especially by those supporting the State, resulting in fear
and self-censorship.

AFRICAN MEDIA BAROMETER ZAMBIA 2011

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