2.6 Topical Issues 2.6.1 Chanda Chimba to pay Post Newspapers for defamation (Post 02.07.15) The Lusaka High Court ordered freelance journalist Chanda Chimba to pay Post Newspapers Limited K5 million for defamation. This was in a case filed by the Post Newspapers in 2010, against Chanda Chimba and Muvi Television as first and second defendants, for defamation and libel when the former produced a documentary which was aired on Muvi TV. The Post Newspapers and its Editor-in-chief, as the plaintiffs, demanded special damages of K5 million, on account of the malicious nature of libel. According to facts before the court, Chanda Chimba on May 9, 2010, caused to be aired on Muvi TV a political documentary in contumelious disregard of the plaintiff’s respective reputations, business and professional standing. The following are the words submitted to have been defamatory and libelous; “…..But M’membe’s critics have indicated that he started hitting hard on Chiluba when he assumed the Presidency of this country because there were certain things that Chiluba and his colleagues in the MMD did not deliver to him and the Weekly Post, as it was known then,” and “….But towards the end of Mwanawasa’s first term, Levy and M’membe’s Post started seeing eye-toeye, what is commonly referred to as going to bed together. There was obviously something the Post was gaining out of this.” The Post further submitted that the words meant that they attacked Chiluba on the basis that the MMD had not delivered on some unspecified favours. In the judgment delivered on June 29, 2015, Chanda was ordered to pay K5 million in damages, after he failed to file any defense in the matter. This judgment has set a very bad precedent in that the damages awarded are way too high for a freelance journalist. The highest defamation charge ever paid was K35 million (old currency) by the Post Newspaper to Sonny Mulenga when they accused Mr. Mulenga of corruption and failed to prove it in court. The judgment will instill fear in other media organisations and instill fear in freedom of expression. It worth mentioning that journalists should be brought to account where they have injured others with malicious intent, aforethought. However, damages should as much as possible be commensurate and consider the plight of the journalists also. Otherwise it may have a chilling effect on the freedom of expression. 2.6.2 Post takes legal action against Daily Nation for Defamation (Post 01.07.15) The Post Newspapers Limited took taken legal action against the Daily Nation Newspaper and its proprietor Richard Sakala for alleging in an article that, the letter to evict Dr. Christine Kaseba from 8 Reedbuck Lodge was generated by the Post on June 10, 2015. 19