SECTOR 1

1.1 Freedom of expression, including freedom of
the media, is guaranteed in the constitution and
supported by other pieces of legislation
The Zambian Constitution (as amended in 2016) states that 'no person shall be
hindered in the enjoyment of his freedom of expression' (20-1). In particular,
Article 20-2 makes note of the concept of freedom of the press and that 'no law
shall make any provision that derogates from freedom of the press'.
Article 50 of the constitution also gives the media the mandate to cover political
parties during elections without restriction. The Electoral Process Act of 2016 (79) tasks the media to cover elections.
There are also pieces of legislation that support other aspects of freedom of the
press, including protection of whistleblowers under the Public Interest Disclosure
Act (2010).
However, there are clauses in the constitution, particularly regarding security,
which fundamentally compromise these provisions of freedom of the press.
Although Zambia has good prescriptive documents, such as the constitution,
there is a disconnect between what the law prescribes and what happens in
practice. Respect for the rule of law is sometimes absent.

Scores:
Individual scores:
1

Country does not meet indicator

2

Country meets only a few aspects of indicator

3

Country meets some aspects of indicator

4

Country meets most aspects of indicator

5

Country meets all aspects of the indicator

Average score:
Score of previous years:

✓

✓

✓

✓✓

✓

✓✓

✓

✓
✓

✓

2.3
2017 = 3.0

1.2 The right to freedom of expression is practised and
citizens, including journalists, are asserting their
rights without fear
Citizens fear to express themselves because of the laws that restrict freedom of
expression.
However, it is a complex issue because there are “two types of citizens”. Some
are free to express themselves without being arrested. But there are those
who are arrested when they utter something. This divide is based on political
affiliation. “If you support the incumbent regime, you will be fine.”

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AFRICAN MEDIA BAROMETER ZAMBIA 2021

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