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. Freedom of expression is protected in Article 20 of the Zambian Constitution2, which in 20(1) 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.” However, this provision within the constitution is inadequate as a guarantee of freedom of expression, because of other existing statutes. Furthermore, there is no express guarantee, in the constitution or elsewhere, that ensures the freedom of the media. With regard to media protection in the constitution, Article 20 (2) states that “subject to the provisions of this constitution no law shall make any provision that derogates from freedom of the press.” This provision is regarded as “inadequate”, and it was noted that “providing for something that does not exist, subverts the whole expression intent, because without freedom of media, freedom of expression is questionable.” “Our cry is that the current constitution does not guarantee media freedom”, and there is need for a “clear and express provision” in this regard. Countering the freedom of expression guaranteed in the constitution are a number of clauses in the Penal Code Act, chapter 873, which threaten both individual freedom and media practice. Specific pieces of legislation that are inimical to freedom of expression in general, and to freedom of the media, specifically, include a clause on prohibited publications and seditious practices, the State Security Act (formerly titled the Official Secrets Act), and a clause on defamation of the president, among others. There are close to 17 such laws that impede media freedom. 2 3 12 Constitution of Zambia, 1996 Penal Code Act, Cap 87. http://zamlaws.zambia.co.zm/laws_view.php?chapter=87 AFRICAN MEDIA BAROMETER ZAMBIA 2013