rests

are

too

open

to

arbitrary

application e.g. prevention of damage
to property or loss of life. Further, due
process of accountability and prior
review must be considered in order to
avoid abuse/unfettered interception
and

rerouting

of

private

communication.
40

Interception

capability

of May compromise security/privacy of

service provider: mandates a individual communication and may be
service

to

use

equipment prone to abuse as the section is open

capable of being intercepted ended
for

easy

routing

and

seems

and interpretation

monitoring as prescribed

on

open

to

continuous

transmission/monitoring

of

communication
55

Criminalises aiding, abetting, This could be used against persons
counselling,
inciting

or

procurement, who come into contact with vital
solicitation

of information e.g. journalists and their

another person to commit or confidential sources; a journalist could
conspiring to commit any be
offence under the Act

considered

to

be

aiding

and

abetting/conspiring when they deal
with a source who has information
that is considered an offense under the
Act regardless of public interest nature
of the information.

59

Offenses of obscene matters Obscenity
or

things

is

subject

to

moral

including interpretation and is thus prone to

possession of any one or arbitrary application as has been the
more

obscene,

drawings, case previously17. Journalist, in the

paintings, pictures, images, course of their duty, are likely to
posters,

emblems, possess or inadvertently come into

photographs, videos or any contact with obscene material or be

17

In 2009, journalist Chansa Kabwe was arrested for alleged circulation of obscene material after she sent
pictures of a mother giving birth outside the University teaching Hospital to politicians who included then VicePresident, George Kunda. Ms Kabwela was eventually acquitted. See https://cpj.org/2009/11/zambian-editoracquitted-in-hospital-obscenity-cas/

25

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