because of the mediocrity I see. Therefore, we need regulation in order to
sanitize our profession.

It is worth noting that journalists in Zambia do not have any formal
recognition, save the implicit provision in Article 20 (2) of the Zambian
Constitution which states that “Subject to the provisions of this Constitution
no law shall make any provision that derogates from freedom of the press”.
This, however, does not define the press (and journalists), the privileges and
protection they enjoy as well as their corresponding responsibilities, thereby
leaving them at the mercy of the many derogations promulgated by the same
Article and made more explicit by various provisions in subsidiary laws such
as the Penal Code, among others.
It has been noted severally that the proposed “statutory self-regulation of the
media” as encapsulated in the current Zambia Media Ethics Council Bill is a
misnomer. This is because there exist three broad categories of regulation i.e.
Self-regulation, statutory regulation and co-regulation.
Self-regulation, by its very nomenclature, is a voluntary process without any
coercion or involvement of statutory authorities. Media houses voluntarily
come together to agree on standards as well as corrective action to be taken
when such standards are breached by those who choose to ascribe. This form
of regulation has been pursued in Zambia through the initial Media Ethics
Council of Zambia (MECOZ), later succeeded by the Zambia Media Ethics
Council (ZAMEC) which remained defunct mainly due to funding challenges.
Statutory regulation on the other hand, is mandatory regulation which is
passed by a government and is enforceable by law. It is coercive, includes
licensing and may carry punitive sanctions, including imprisonment. It is
usually seen to be suppressive to media freedom and the freedom of
expression, taking away the independence of media practitioners especially in
a country with authoritarian tendencies. This was once mooted by President
Kenneth Kaunda in the early 1980s in what is now the infamous 1980 Press
Council Bill9 and later intimated in the mid-years of the Chiluba regime10.

9

https://journals.sagepub.com/doi/pdf/10.1080/03064229108535124
http://dspace.unza.zm/bitstream/handle/123456789/1004/main%20doc.pdf?sequence=2&isAllowed=y

10

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Select target paragraph3