Sector 1: Freedom of expression, including freedom of the media, areceffectively protected and promoted. 1.1 Freedom of expression, including freedom of the media, is guaranteed in the constitution and protected by other pieces of legislation. ANALYSIS: Freedom of expression is enshrined and broadly protected in the Republican Constitution under Article 20 (1). Article 20 (2) guarantees freedom of the press. It states: “…no law shall make any provision that derogates from freedom of the press.” However, the guarantee of media freedom in the constitution is conditional. Article 20 (3) states that laws restricting freedom of expression may be passed if they are – among others - “reasonably required in the interests of defense, public safety, public order, public morality or public health”. It is up to the powers-that-be to define these broad interests at any given time. Laws restricting freedom of the media are also permitted if they are “required for the purpose of protection, rights and freedoms of other persons …”. Thus, the right to protect the reputation of an individual overrides freedom of the media. SCORES: Individual scores: 2, 2, 2, 2, 2, 2, 2, 2, 2 Average score: 2 1.2 The right to freedom of expression is enforced and citizens, including journalists, are not prejudiced when using this right. ANALYSIS: Enforcement of the right to freedom of expression presupposes an enlightened citizenry with the inclination to demand and exercise it, and a certain level of sophistication and financial means if it is to be realised through litigation. Citizens can only fully enjoy this right if they have access to information. In Zambia the majority of people have no such access which would enable them to fully exercise their right to freedom of expression. Tolerance of freedom of expression by the state depends on who is exercising it. The state will tolerate critical statements from people without influence but react in a heavy-handed manner if those making the criticism happen to command power and influence in society. For example, Radio Phoenix was shut down after airing a programme where callers questioned the capability of the ruling party’s then presidential candidate Levy Mwanawasa, now the republican president. Prejudice is evident in the case of the public media where top managers, who are state appointees eager to protect their jobs, often “doctor” or stifle stories critical of government, in contrast with their juniors who genuinely desire to work professionally. The community media appear to be making healthy progress in this regard, attracting audiences away from mainstream media. But they, too, are becoming objects of intimidation and harassment by the government. A case in point was the government’s threat to withdraw the licence of Radio Icengelo when it featured opposition politician Michael Sata, a harsh critic of the ruling party and the government. So This Is Democracy? 2005 -264- Media Institute of Southern Africa