STATE OF PRESS FREEDOM IN SOUTHERN AFRICA 2022

media and assured the sector that his incoming
administration would improve the freedom of
expression and media environment.
This was welcome news after years of decline
under former President Lungu.
A year into his presidency, Hichilema assented
to the Penal Code (Amendment) Act number
25 of 2022, which repealed section 69 of the
Penal Code and essentially abolished the death
penalty and revoked criminal defamation of the
president.

the Cyber Crimes and Cyber Security Act of
2021, which contain repressive clauses.
When passed, the Cyber Crimes and Cyber
Security Act of 2021, was criticised for being
aimed at policing the cyber space and gagging
freedom of expression and speech of government
critics and opponents.(5)
While there are a number of positive aspects
to the law, the Act falls short on the protection
of individual rights to privacy, anonymity and
freedom of expression online.

This was particularly significant considering the
numerous arrests of social media users sharing
videos and content critical of the president.(3)

Many provisions in the law are vague and overly
broad and extend the powers of state authorities
to restrict and punish online expression.(6)

The revocation of criminal defamation of the
president was welcomed by the media given that
this law had been in place since 1965, keeping
the media wary of speaking truth to power.

The current administration was also expected
to look into amending Zambia’s Public Order
Act of 1955, which has been primarily used to
restrict the civil liberties of citizens.

When announcing the deletion of the restrictive
clauses,
which
criminalised
defamation,
President Hichilema tweeted “promised to
amend laws that inhibit democracy, human
rights, good governance & basic freedoms”.

The vague and overly broad provisions of the
Public Order Act (POA) 1955 have been cited
for limiting rights to freedom of expression,
peaceful assembly and association during
Lungu’s tenure.

There are those who believe that by fulfilling
some of his promises, he has restored trust
between public officials and the citizens; in fact
his supporters wax lyrical over his economic
transformation and democratic reforms.

The police have used it to shut down student
protests, arrest human rights defenders and
popular musician Pilato.

While he has received positive reviews, others
think that President Hichilema has not delivered
as much as expected.
In an analysis that appeared in African
Arguments, academic Sishuwa Sishuwa claimed:
“The positive coverage Hichilema is receiving in
western circles contrasts sharply with growing
criticism at home … Much of the disillusionment
centres on the economy.
“On democratic reform, Hichilema has
disappointed too. After over a year in office,
his administration is yet to repeal repressive
legislation that undermines democracy, nor
enacted any that promotes human rights and
strengthens accountability.”(4)

LEGAL AND REGULATORY
FRAMEWORKS
A blemish that marks Zambia’s otherwise
progressive reforms is the presence of
obstructive legislation that remains on the
statute books such as the Public Order Act and

62

Despite promises dating back to the early
2000s, Zambia has still not finalised the adoption
of an access to information law.
Over
the
years,
numerous
advocacy
organisations have been pushing to have the
law advanced through parliament but successive
governments have committed to the process
and then stopped short of signing.
In January the Africa Freedom of Information
Centre (AFIC), the Panos Institute Southern
Africa, and MISA Zambia made a vigorous appeal
to the President to enact the ATI law prior to the
Summit for Democracy held in Zambia in March
2023.(7)
Also on centre stage is the issue of media
self-regulation, which has been an ongoing
conversation on the Zambian media landscape.
While there have been a number of auditions for
such a mechanism, they have never materialised
into an enduring initiative.
The conversation was kick-started by the
President during a radio interview when he
emphasised the need for journalists to enhance
their skills and promote professional standards.
He went on to urge the fraternity to regulate
itself.

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