State of the media report July - Dec 2022

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INTRODUCTION

The media plays an important role in shaping public opinion, educating citizens and promoting
transparency and accountability in governance. As a gatekeeper, the media functions to relay, limit,
expand and reinterpret information. It is for this reason that understanding the state of the media in
Zambia is critical. This report therefore provides a comprehensive review of key phenomena that
impacted media freedom for the past six months of 2022 which is July to December 2022. The report
format was reviewed and will be produced biannually due to feedback from the users of the report.
The previous report formats were said to have a catalogue of sub topics which impacted the depth of
the report and of phenomena being brought out. This report therefore focuses on two topics that had
recorded a number of incidents in the period under review and specifically is looking at “Clashes
between Media and State and Political Interest”.
According to Paradigm Initiative Report, (2021), in Zambia, the protection digital rights has become
increasingly important in the recent years, particularly in the context of media freedom. One of
the major challenge is lack of legal protection for digital rights. This has led to incidence where
government has attempted to restrict online freedoms such as shutting down media platforms during
the 2016 and 2021 elections respectively. In addition, there are concern about the use of cyber-crime
laws to target Journalists and activists who express critical views. APC, (2022) revealed that during
the afternoon on election day the internet was partially shut down and social media platforms such
as WhatsApp, Facebook, Instagram, Twitter, and some VPNs and other platforms were blocked by
the then government.
Legal Provisions on Media Freedom
The Zambia Constitution under Article 20(2) guarantees media freedom as follows:
(2) Subject to the provisions of this Constitution, a law shall not make any provision that derogates
from the freedom of the press.
However, the same Constitution outlines limitations as below under Article 20(3)
(3) Nothing contained in or done under the authority of any law shall be held inconsistent with or in
contravention of this Article to the extent that the law in question makes provision(a) that is reasonably required in the interests of defence, public safety, public order, public morality
or public health; or
(b) that is reasonably required for the purpose of protecting the reputations, rights and freedom of
other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure
of information received in confidence, maintaining the authority and independence of the courts,
regulating educational institutions in the interests of persons receiving instruction therein, or the
registration of, or regulating the technical administration or the technical operation of newspapers
and other publications, telephony, telegraphs, posts, wireless, broadcasting or television; or
(c) that imposes restrictions upon public officers; and except so far as that provision or, as the case
may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a
democratic society”. (Konrad Adenauer Stiftung, 2004):
Centered on the above limitations, the Zambian government has enacted various laws that establish
perimeters regards the extent of media freedom for the sake of public and personal interests, security
and national defense among other. Some of these laws include the Penal Code, Cyber Security and
Cyber Crimes Act, State Security Act to name but a few.
Digital Rights in Zambia

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