SECTOR 1

1.3 There are NO legal restrictions to freedom
of expression or laws that interfere with the
functioning of the media
Articles 20-2 and 20-3 of the constitution note circumstances in which freedom
of expression can be curtailed.
One example is the State Security Act, which was used to arrest an employee of
the Ministry of Finance for disclosing what was essentially public information.
The charge, brought under Section 4, Chapter 111 of the State Security Act, was
subsequently ruled unconstitutional and is thus no longer part of Zambian law.
Nonetheless, the laws on sedition also restrict freedom of expression.
Another restrictive law is The Penal Code (69), which criminalises matters such
as defamation of the president, publication of false news and seditious practices.
Such laws are not to fortify freedom of expression but to limit that freedom.
Other more recent legislation, such as the Cyber Security and Cyber Crimes
Act of 2021, gives sweeping powers to ‘cyber inspectors’, who can inspect any
premises (in violation of your privacy), seize equipment, and even install devices
to intercept communications.
“These acts are devastating to freedom of expression and send a chilling effect
into your bones.”

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:

✓

✓✓

✓✓✓✓

✓✓

✓

✓

✓

1.4
2017 = 2.3

1.4 Government honours regional and international
instruments on freedom of expression and
freedom of the media
Being a member of regional and international bodies such as SADC and the
United Nations, Zambia has signed numerous instruments, including the Charter
on Human and People’s Rights.
However, such agreements have to be domesticated and become a national law
before being applicable, and it is here where the country is lagging.

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AFRICAN MEDIA BAROMETER ZAMBIA 2021

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