Phoenix and Priscilla Banda of Millennium Radio.
The most severe incident was the petrol
bombing of The Daily Nation on 10 July
2017.
A month later Muchinga FM Radio in
Chinsali District in the Northern province of Zambia, received threats from
a few Patriotic Front supporters after it
featured Dr Chishimba Kamwili on a
programme which attracted a lot of attention and resulted in robust interaction with listeners. Subsequently, towards the end of the year, suspected PF
sympathisers attacked Lusaka 5FM radio
for also inviting Dr Kambwili to feature
on its ‘Burning Issue’ radio programme.
The programme could not take place
because of the violence and damage to
cars of guests to the station and some
of the window panes of the 5FM Radio
station.

FREEDOM OF EXPRESSION ONLINE
While Zambia does not have specific
legislation to address defamation online, there are several existing pieces of
legislation that protect the character of
an institution or individual.
Not satisfied with the current provisions,
the State felt it needed to enact legislation to specifically deal with defamation. On several occasions, government
authorities and the Minister of Communication and Transport, Brian Mushimba
alluded to intentions by the state to enact such laws. Reports published by the
Lusaka Times on 3 February 2017 under
the headline “ZICTA to revise ICT Act of
2009 to deal with Cyber Bullying and
Online Defamation” indicated government plans for such laws.
Through its monitoring of the situation
MISA Zambia learnt that the Zambia

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So This is Democracy? 2017

Information and Communications Technology Authority (ZICTA) was in the process of revising pieces of legislation in
the ICTs sector to incorporate provisions
that address lacunas within the ICT Act
of 2009 and the Electronic and Communication Transaction Act of 2009. ZICTA
public relations officer Hanford Chaaba
said that once revised, the legislations
would be able to capture issues such as
cyber-bullying and online defamation
which would effectively enhance the
protection of consumers using ICTs6.
A report published on World Press Freedom Day in 2017 headlined “Government to take the Cyber Crime bill to
Parliament” indicated the Minister of
Transport and Communications, Brian
Mushimba’s intention to present legislation to Parliament which included the
Cyber Security Bill, Data Protection Bill,
and e-Commerce Bill. These bills, which
were initially segregated into 5 bills,
have to be discussed by Cabinet before
they are taken to Parliament.
Throughout the year, several citizens
were charged under insult laws.
A doctor from the western province of
Zambia faced charges defaming the
President through Facebook. Dr. Kwalela Kafunya was eventually convicted
and sentenced to 3 years imprisonment
by the Mongu Magistrate court on 10
January, 2018 for defaming the President, by written threats and giving false
information.
In a separate incident Edward Makayi,
an engineering student from DMI Eugene University in Lusaka was arrested
in July, for allegedly defaming the President, Cabinet ministers, other senior
6 https://www.lusakatimes.com/2017/02/03/zictarevise-ict-act-2009-deal-cyber-bullying-onlinedefamation/ checked on 14 December 2017

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