STATE OF THE MEDIA REPORT QUARTER 4, 2020

and other publications, telephony, telegraphy, posts, wireless broadcasting or
television; or • Right to protect one's reputation • Radio • Telecommunications •
Television
c. that imposes restrictions on public officers; and except so far as that provision or,
the thing done under the authority thereof as the ca
Several subsidiary laws have been promulgated in respect of Clause 3a and it is on this premise
that the State Security Act exists, purportedly for the protection of safety and security. It
specifically has provisions relating to state security with regard to espionage, sabotage and
other activities prejudicial to the interests of the State as well as providing for purposes
incidental to or connected therewith.
While the law is certainly important for the integrity of vital information and installations
among other things, there is need to strike a balance with information that is generally in the
interest of the public, especially in the absence of a provision on Access to Information which
has stalled in Zambia for over eighteen years. The danger of the State Security Act as
demonstrated in the arrest of Messrs Kandeta and Mwelwa is the incrimination of harmless
information that is in public interest. It is standard practice that embargoed (budget) speeches
are shared with specific media institutions (even state media) to enable them conduct real-time
visualisations, expert analysis and review during presentation of the budget11. This is to ensure
that there is no distortion of facts or misrepresentation of information to the public during and
after the delivery of such a technical speech.
The contents of the said budget speech are public knowledge and derived from submissions
made by various entities and members of the public. It is therefore capricious for the authorities
to effect such an arrest on something that is standard practice and in the public interest. It is a
vexatious act based on the extremities in the law as raised by various stakeholders in their
advocacy against the laws deemed to be inimical to the freedom of expression in Zambia. As
such, enforcement of such laws needs to be balanced with the principles espoused by Article
20 on the freedom of expression, particularly that of reasonable justification in a democratic
society. A democratic society is premised on good governance, liberty (such as freedom of

11

In PR communications, an embargoed release is a media release or announcement that is shared with the
media in advance of its publishing date. Unlike ‘off the record’ which is never supposed to be published at all,
embargoed information is intended to be published. But, it is only meant to be published at the time disclosed
by the release distributer. Read more at https://publicrelationssydney.com.au/embargoes-what-are-they-andwhen-to-use-them-2/.

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