SECTOR 1 Freedom of expression, including freedom of the media, is effectively protected and promoted. 1.1 Freedom of expression, including freedom of the media, is guaranteed in the Constitution and supported by other pieces of legislation. Article 20 of the Zambian Constitution provides explicitly for freedom of expression. However, panellists expressed concern that when it comes to freedom of the media, media practitioners have to also rely on Article 20 (1) of the Constitution which states: Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to impart and communicate ideas and information without interference, whether the communication be to the public generally or to any person or class of persons, and freedom from interference with his correspondence.2 It was concluded that while there is an existing legal framework for the protection of freedom of expression, the “biggest problem comes in terms of application, or enforcement.” Furthermore, one also needs to be aware “that there are still laws which subtract from it”, despite Article 20 (2) which further stated that: “subject to the provisions of this Constitution no law shall make any provision that derogates from freedom of the press.” These provisions, however, are regarded as insufficient as they do not specifically guarantee media freedom and “there can never truly be freedom of expression without freedom of the media, as these two go side by side”. Additionally, the lack of an explicit provision for access to information also negatively influences media freedom. For this reason, civil society and media professionals are advocating for both; an explicit provision of media freedom as well as access to information. 2 12 Constitution of Zambia, 1991. An amended Constitution, called the Constitution of Zambia (Amendment) Act of 2016, was adopted on the 5th January 2016. However, the Bill of Rights, i.e. the declaration of individual rights and freedoms, was not included because an enhancement of the Bill of Rights was to be decided upon in a referendum in August 2016, before becoming part of the Constitution. The current Bill of Rights can therefore be found in the 1991 Constitution. AFRICAN MEDIA BAROMETER ZAMBIA 2017