other

object

tending

to cited for circulation even when done in

corrupt morals

public interest. The Section is too open
and vague.

The law must thus balance its provisions with public interest, for which media
practitioners usually conduct their work. Such a principle is in the spirit of
widely accepted conventions such as the 2001 Budapest convention on
cybercrime18 which gives protocols on lawful interception among other issues
in fighting cybercrime and as well as the 2013 SADC model law on computer
crime and cybercrime19 which sets the standard for cyber security and
cybercrime in the Southern Africa Region. Other international provisions
worth taking into account in weighing the CCA include the African Union
Convention on cybersecurity and personal data protection, more commonly
called the Malabo Convention20.
One case in point during the period under review is that of KBN Television
whose journalist, Percy Chanda, was warned and cautioned by Police for the
publication and airing of a leaked phone conversation allegedly between two
identified government officials21. The Journalist was initially summoned for
questioning under the Cyber Security and Cyber Crimes Act, bringing the
fears of most activists to light.
The Minister of Information, Honourable Chushi Kasanda issued the following
after the broadcast of the alleged leaked audio22:
Government is concerned with the unprofessional conduct of some media
houses in their reporting. A case in point is KBN Television station which
broadcast a private telephone conversation between two senior Government
officials without verifying the authenticity of the recording with the people
concerned. This is contrary to media professional ethics and conduct, which
demands that a journalist ought to verify any information before publishing it.
18

See https://www.coe.int/en/web/cybercrime/the-budapest-convention
Available at https://www.itu.int/en/ITUD/Cybersecurity/Documents/SADC%20Model%20Law%20Cybercrime.pdf
20
Available at https://au.int/en/treaties/african-union-convention-cyber-security-and-personal-dataprotection
21
See https://cpj.org/2022/02/police-investigate-journalist-petty-chanda-over-leaked-audio-of-governmentofficials/
22
As issued on 20th January, 2022. See
https://www.facebook.com/permalink.php?story_fbid=238373591807256&id=100069038505521
19

26

Select target paragraph3