3.5.

Cyber Crimes and Cyber Security Act

Discussants noted the Cyber Security and Cyber Crimes Act as being topical
with regard to media freedom online, particularly in the process of gathering
news from sources. The participants noted that the provisions of the Act has
instilled fear in media practitioners as they feel they are monitored by
authorities in the course of their duties. As such, this has created a sense of
self-censorship for media practitioners, especially when interacting with
sensitive or politically exposed sources. Other discussants, however, stated
that the Act was positive as it was necessary for the regulation of several vices
and offences perpetuated by unscrupulous individuals online, including those
masquerading as journalists.

4.0. Discussion/Analysis
4.1.

Access to Information

Media practitioners are a critical sector of society affected by the lack of a law
on Access to Information, thereby inhibiting their ability to produce quality
investigative/in-depth news.
Public information (and documents) are essential for the media to fulfil their
function as ‘watchdogs’ of society, in which they are expected to hold
government (leaders) accountable on behalf of the citizenry. According to a
handbook for Southern Africa by Limpitlaw (2012:37), it is generally held that
public bodies hold information as custodians of the public good and as such
everyone has the right of access to information held by public bodies. It is for
this reason that implicit in the provision on freedom of expression in Article
20 of the Zambian Constitution is access to information2. It is, therefore, no
wonder that the lack of an ATI law presents limitations on the work of
journalists.
During the period under review, no progress was recorded and this is not a
surprise as it is reminiscent of the Bill’s twenty-year old journey since it was
first mooted in 2002. The journey has been filled with several promises of

2

See https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/26620/90492/F735047973/ZMB26620.pdf

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Select target paragraph3