STATE OF THE MEDIA REPORT QUARTER 3. 2020

This is against a backdrop of several clawback clauses that already
undermine media freedom 18 . Among the legal provisions that stifle press
freedom are the law on defamation of the President (Section 69 of the Penal
Code), Seditious Practices (Section 60 of the Penal Code), State Security Act
(Chapter 111 of the Laws of Zambia) and Prohibited Publications (Section 53
of the Penal Code), among others. As such, if the content of the Bill is not
safeguarded, it risks joining the long list of laws that stifle freedom of the
press.
In effect, the route chosen by the media fraternity is a regulatory model that
falls under co-regulation, where the media agree on the standards and
government merely provides the framework for enacting the standards into
law without necessarily interfering with the content. It is, essentially, a hybrid
of self and statutory regulation19. It is, therefore, important that this process
is respected by all parties involved.
Secondly, the arbitrary actions (such as the closure of Prime Television)
witnessed in past quarters and documented in State of the Media Reports at
the hand of government regulatory agencies such as ZICTA and IBA cast
aspersions on the independence and autonomy of the proposed regulatory
council. As such, it is also critical that government understands the need for
independence of the self-regulatory process which thrives on autonomy as
already envisaged in the proposed Bill.
Some practitioners have equally raised concerns on the efficacy of media
regulation, especially that it is a field without clearly defined boundaries and
dealing with a very fluid tenet of freedom of expression. Others have raised

18

19

According to Nkandu, E. (2012). A report on
study of media laws and policies in Zambia.
Lusaka: European Union/Diakonia/Media Institute
of Southern Africa

See
https://www.un.org/womenwatch/daw/egm/med
ia2002/reports/EP3Cishecki.PDF

22

Select target paragraph3