SCORES: Individual scores: 3, 2, 3, 2, 3, 2, 2, 2, 2 Average score: 2.3 1.3 There are no laws restricting freedom of expression, such as excessive official secret or libel acts, or laws that unreasonably interfere with the responsibilities of media. ANALYSIS: Freedom of expression and media practice are severely inhibited by restrictive laws, some of which have been in existence since 1911. The Penal Code, Cap 87 of the Laws of Zambia, is one piece of legislation with various provisions imposing restraints on media practice. In force since 1930, it empowers the President to ban publications deemed to be against the public interest (Section 53), criminalises publication of “false news with intent to cause fear and alarm to the public” (Section 67). The Penal Code and its law on sedition and related practices proscribe public debate on issues and publication of information deemed likely to arouse popular disaffection against the state. Section 177 (1) of the Penal Code criminalises obscenity (imprisonment up to five years) without defining what constitutes obscene matter. Section 4 of the State Security Act makes it an offence (punishable with 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. Sections 57 (1) and 60 (1) of the Penal Code prohibit sedition (jail term of seven years) and exactly define “seditious intention” among others as “intention … to excite disaffection against the government” or “to raise discontent or disaffection among the people of Zambia”. Section 69 of the Penal Code 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. Parliament enjoys special ‘protection’ under Section 19 of the National Assembly Act. 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 to imprisonment with or without hard labour for a period not exceeding three months. The broadcasting law and the Communications Act permit the termination of a broadcast deemed inimical to state security. These restrictive laws are increasingly – and successfully – being challenged in the courts. SCORES: Individual scores: 2, 1, 1, 1, 2, 1, 1, 1, 2 Average score: 1.3 1.4 Entry into and practice of the journalistic profession is unrestricted. ANALYSIS: There are no restrictions to entry into and practice of the journalistic profession. An attempt to introduce compulsory registration through a statutory Media Council by way of a Media Council Bill in 1997 was thrown out by the High Court of Zambia. So This Is Democracy? 2005 -265- Media Institute of Southern Africa