taken on a new twist. As the year progressed, the launch of the Bill scheduled
for 21st June was moved to 26th June
amidst promises of it being enacted into
law by September 2012. However, the
only recorded progress was the institution of a Taskforce on the ATI by the
government in April that managed to
draft and submit a 2012 ATI document
by June.
The role of the Taskforce was to redraft the 2007 ATI Bill and undertake
sensitisation campaigns on ATI. Nonetheless, the Bill could not be launched
because it was alleged that the Attorney
General had not reviewed it, but even
after the he read the Bill, it was still yet
to be launched. ATI legislation is viewed
as cardinal because it helps to actualise
the right of citizens to access public information.
The importance of enacting the ATI
law is that it would spell out mechanisms to access information and outline grievance procedures in cases were
information is denied. It also spells out
which information is exempt from public
access. In short, it is the oil that would
bring to life the constitutional provision
on ATI.
The sad part is that most African
countries, Zambia inclusive, have redemocratised without putting into place
sufficient legislation that empower
citizens to fully take part in governance
processes, which is rendered ineffective
if citizens lack ATI.
Constitutional Reforms
While the above picture seems quiet
gloomy, another wind of hope blew for

the media and it came in the form of a
First Draft Constitution launched in April
2012. The Draft elated media advocacy
bodies such as MISA Zambia and Press
Association of Zambia (PAZA). This is
because, from Article 36 – 38, the Draft
contains good provisions that, if maintained in the final constitution, will improve the media landscape. The Draft
Constitution provides an expanded right
to freedom of expression, which includes
academic and artistic freedom. It further
guarantees the right to access information under Article 37, while Article 38
guarantees freedom of the media and
protects the independence of the media,
including the state-owned media. This
article is a great expansion compared to
the current Constitution, which provides
for press freedom in passing under Article 20(2) “Subject to the provisions of
this Constitution no law shall make any
provision that derogates from the freedom of the press”.
Self- Regulation of the Media
In July 2012, the media launched a
non-statutory regulation body called
Zambia Media Council (ZMAEC). This
followed an almost three and half year
battle between the previous government
and the media. The previous government
would not allow the Zambian media to
launch a non-statutory media regulatory
body. This is because a non-statutory
media regulatory body is internationally recognised as ideal as it protects
the media from the manipulation by
the powerful and those in government,
whilst providing corrective mechanisms




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