Alternatively,

self-regulation

protects

the

right

of

journalists

to

be

independent and impartial, and to be judged for professional mistakes, not by
those in power but by their colleagues. It aims at establishing minimum
standards on accuracy, professional ethics, protection of privacy and other
personal rights, preserving editorial freedom and freedom of speech, as well
as a diversity of points of view and opinions15.
Based on this, the proposal for jail terms and hefty fines in any self-regulation
mechanism leaves rooms for media control (instead of accountability) and are
not very different from other existing laws that regulate publication of news
and information, with already existing jail terms and financial punitive
measures which at times have had crippling financial stress on the media in
Zambia.
From the submissions made by the journalists, it still holds that media
regulation should proceed if the profession is to be salvaged. However, various
concerns still remain on the representativeness of the contents of the Bill as
well as the independence of the process that will be used to enact it. This call
must be weighed against existing harsh laws that already carry jail terms and
financial punitive measures as these decisions are being explored to promote
professionalism in the media.

4.3.

Cyber Crime and Cyber Security Act

Another notable issue arising from the literature reviewed as well as the FGD
is that of threats to freedom of the media online, and, more specifically the
Cyber Crimes and Cyber Security Act of 2021.
The Cybersecurity and Cybercrimes Act No. 2 of 202116 seeks to provide for
the protection of persons against cybercrime, provide for child online

15

According to a 2018 UNESCO Professional Journalism Self-Regulation and New Media, Old Dilemmas in
South East Europe and Turkey. Available at https://unesdoc.unesco.org/ark:/48223/pf0000190810
16
Available at http://www.parliament.gov.zm/node/8832. Shortly after its enactment, the Act was challenged
By five Civil Society Organisations in a High Court petition for a declaration that various provisions of the Cyber
Security and Cyber Crimes Act be declared unconstitutional and struck off the statute books. The five
organisations include Alliance for Community Action, Bloggers of Zambia, Chapter One Foundation, GEARS
Initiative Zambia and Peoples’ Action for Accountability and Good Governance in Zambia. The matter remains
active.

21

Select target paragraph3