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offence and is liable on conviction to imprisonment for a period not
exceeding three years4.
Section 57 criminalises offences in respect of seditious practices.
Section 67 criminalises “the publication of false news with intent to cause fear
and alarm to the public” while Section 67(1) reads:
Any person who publishes, whether orally or in writing or otherwise, any
statement, rumour or report which is likely to cause fear and alarm to the
public or to disturb the public peace, knowing or having reason to believe
that such statement, rumour or report is false, is guilty of a misdemeanour
and is liable to imprisonment for three years.
Section 67 (2) further states that:
It shall be no defence to a charge under subsection (1) that he did not
know or did not have reason to believe that the statement, rumour or
report was false, unless he proves that, prior to publication, he took
reasonable measures to verify the accuracy of such statement, rumour or
report.
The State Security Act particularly hinders access to information and the Public
Order Act (can) negatively impact on Zambians’ rights to both; freedom of
expression and freedom of assembly. There are also provisions making libel an
offence5.
Some of these laws are “old colonial pieces of legislation,” that were used to,
“restrict the movement and freedom of Africans” and they have unfortunately
not been repealed following Zambia’s independence.
Other existing laws are not meant to restrict certain freedoms but are being
misused. There are several examples of this misuse. In March 2015, an article
appeared in The Post reporting that the president, shortly after coming into office,
(supposedly during a holiday) was seen “drinking beer and playing pool”. This
article included a photograph. As a result, the journalists who covered the story
were charged with defamation of the president (as criminalised under the Penal
Code). Court proceedings only started in 2016 and are still ongoing a year later.
In 2013, Section 67 of the Penal Code (publication of false news) was used against
Richard Sakala, Proprietor of the Daily Nation, and McDonald Chipenzi, Executive
Director of the Foundation for Democratic Process (FODEP). They went on to
challenge the constitutionality of Section 67 at the High Court and the Court
ruled that this section of the Penal Code is unconstitutional and in contradiction
4
5

Penal Code Act, Chapter 87 of the Laws of Zambia
Criminal libel is addressed in the Penal Code while the Zambian Defamation Act addresses several issues of civil libel.

AFRICAN MEDIA BAROMETER ZAMBIA 2017

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Select target paragraph3