African Media Barometer, Zambia Sector 1: Freedom of expression, including freedom of the media, are effectively 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: While there is a constitutional review process under way in Zambia, for the time being the present constitution is still in force. Article 20 (1) enshrines and broadly protects freedom of expression, Article 20 (2) guarantees freedom of the press. However, the guarantee of both media freedom and freedom of expression are conditional. Article 20 (3) states that laws restricting these rights may be passed, if they are – among others – “reasonably required in the interests of defence, public safety, public order, public morality or public health.” A Freedom of Information Bill which would effectively have promoted the right to freedom of the media and expression was tabled in parliament in 2002, but later withdrawn by government for unexplained reasons. Another law, which establishes an independent broadcasting authority to promote independent broadcasting media, was passed in 2003 but is not being implemented. The Minister of Information and Broadcasting Services still issues licenses to broadcasters without any reference to the law which provides for an independent licensing mechanism. SCORES: Individual scores: Average score: 1.2 2, 2, 3, 2, 3, 2, 2, 2, 2, 3 2.3 (2005 = 2.0) The right to freedom of expression is practised and citizens, including journalists, are asserting their rights without fear. ANALYSIS: Citizens generally express themselves freely, critically and without restraint, even in rural areas. Private media – both print and broadcasting - have become the main channel for such expression, although many people are complaining that they are not getting their voices disseminated as broadly as they would wish. Opinions expressed on private and increasingly community radio phone-in talk shows tend to be explicit, critical and unrestrained. For that reason, such programmes are growing in popularity and regularly attract large audiences. Government is not always amused by the views expressed and outspoken newspapers and radio stations have been the subject of veiled and even explicit threats of dire consequences, including the closing down of the media house concerned. State-owned media are generally subdued and practice an easily recognizable form of selfcensorship – playing down some issues, bending them to suit the authorities or simply leaving out views that are strongly critical of the government. Top managers of the state media - who are state appointees - would appear to be under instructions or are eager to protect their jobs So This Is Democracy? 2007 -252- Media Institute of Southern Africa