Zambia - IFEX https://ifex.org/location/zambia/ The global network defending and promoting free expression. IFEX advocates for the free expression rights of all, including media workers, citizen journalists, activists, artists, scholars. Thu, 11 Jan 2024 18:25:44 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.2 https://ifex.org/wp-content/uploads/2019/06/cropped-ifex-favicon-32x32.png Zambia - IFEX https://ifex.org/location/zambia/ 32 32 Zambia finally enacts ATI law https://ifex.org/zambia-finally-enacts-ati-law/ Thu, 11 Jan 2024 18:25:44 +0000 https://ifex.org/?p=345577 MISA welcomes President Haikande Hichelema's enactment of Access to Information legislation after two decades of relentless advocacy.

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This statement was originally published on misa.org on 8 January 2024.

On signing the Access to Information Act into law on 22 December, President Hakainde Hichilema said the enactment of the legislation was a major milestone in the media sector and the country, as it would promote access to information by the media and other players.

The Zambian government has enacted the long-awaited access to information legislation becoming the latest country in Southern Africa to do so after Namibia, which enacted similar legislation in 2022.

Access to information legislation has been a contentious issue for decades in Zambia, with successive administrations all promising to enact the law, but not fulfilling their promises.

On signing the Access to Information Act into law on 22 December, President Hakainde Hichilema said the enactment of the legislation was a major milestone in the media sector and the country, as it would promote access to information by the media and other players.

One of the positives of the law is that the Human Rights Commission is empowered to sanction bodies or individuals that fail to provide information as requested.

In addition, unlike most jurisdictions, members of the public are allowed to make oral requests for information. This democratises access to information, as written requests are often exclusionary of people that cannot read or write.

“Section 26(c)(ii) of the Act is a positive development as it protects whistleblowers who play a pivotal role in making government and other institutions transparent and curbs corruption,” MISA Regional Director Tabani Moyo said.

“Furthermore, Section 34 is commendable in that the annual reports to be submitted to the Human Rights Commission also need to highlight, among other things, measures taken to meet the information holder’s disclosure obligations under the Act. Proactive disclosure of information by institutions is, thereby, encouraged.”

While Zambia has finally enacted access to information legislation, MISA noted that there are areas that still need improvement.

For example, Part V outlines the appeal process, but fails to factor in late appeals. In addition, the appeal procedure needs to be outlined in greater detail.

There is no clause concerning declassification of information. Certain information that might have been not for public consumption, for example 20 years ago, might as time go by be fit to be released, MISA noted.

Section 40 is problematic, MISA pointed out.

“Giving freedom to the minister to make regulations under the ATI legislation should not include the freedom to make additional exemptions of information as noted by Section 40(c). As currently worded, it would give the minister powers to exempt certain categories and classes of information from disclosure, which categories and classes are not specifically mentioned in the access to information legislation,” MISA said.

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Opposition leader’s radio interview disrupted https://ifex.org/opposition-leaders-radio-interview-disrupted/ Tue, 17 Jan 2023 01:24:20 +0000 https://ifex.org/?p=338956 Rogue ruling party youths verbally abuse opposition leader Chilufya Tayali and block him from participating in radio interview.

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This statement was originally published on zambia.misa.org on 2 January 2023.

MISA Zambia has received with serious concern reports of acts of censorship at Kokoliko FM, which was forced to end a radio programme in its tracks by suspected United Party for National Development (UPND) supporters.

We received a report on 31st December 2022 indicating that suspected UPND cadres disrupted a live paid for radio programme at Kokoliko FM featuring Economic and Equity Party (EEP) President Mr. Chilufya Tayali, who was discussing issues affecting the nation.

We have been informed that several cadres stormed the radio station and ordered the journalists who were on duty to stop the programme, citing that Mr. Tayali did not have the right to be on the radio station. It is also reported that the said cadres did manage to chase Mr. Tayali out of the studio and used abusive language against the journalists on duty; and yet our country is a multiparty democracy.

MISA Zambia is very saddened by this incident and is calling on the Zambia Police Service and the party in whose name these persons are acting, to take meaningful action, as this case is the fourth we have recorded on matters of party supporters carrying out acts of censorship or violence against journalists. It is concerning that these acts are on the rise and may compromise the right to freedom of expression and media freedom ranking for Zambia.

The stated freedoms are key to democracy sustenance and growth; including good governance and development that leaves no one behind. However, if these actions continue, soon we shall regress as a nation as regards these freedoms and our democracy.

Issued by
Rev. Dr Father Barnabas Simatende, OMI, PhD Chairperson – MISA Zambia

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Filming opposition leader’s impending arrest lands Muvi TV staff in detention https://ifex.org/filming-opposition-leaders-impending-arrest-lands-muvi-tv-staff-in-detention/ Mon, 21 Nov 2022 15:36:59 +0000 https://ifex.org/?p=337872 Journalist Innocent Phiri and camera operator Obvious Kapunda, who filmed the raid of an opposition politician's home, were detained overnight by Zambian police, and only released after paying an admission of guilt fine.

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This statement was originally published on cpj.org on 18 November 2022.

Zambian authorities should immediately investigate the arbitrary detention of Muvi TV journalist Innocent Phiri and camera operator Obvious Kapunda, nullify their fine and admission of guilt as it was made under duress, and ensure that police do not harass journalists who are covering the news, the Committee to Protect Journalists said Friday.

Around 6:30 p.m. on November 13, police arrested Phiri and Kapunda as they filmed officers preparing to arrest opposition Economic and Equity Party leader Chilufya Tayali at his home in the capital, Lusaka, according to multiplemedia reports, a statement by the Zambian chapter of the regional press freedom group Media Institute of Southern Africa, and a Facebook post by Phiri.

Phiri and Kapunda work for the privately owned broadcaster Muvi TV, and CPJ spoke to both journalists and Muvi TV’s CEO, Mabvuto Phiri, by messaging app for this report.

The journalists were detained for 21 hours and spent the night in a cell before they were released on November 14, after signing an admission of guilt and paying a fine of 54 Zambian kwachas (US$3.25) for disorderly conduct, they told CPJ. The journalists said they wouldn’t challenge the matter further.

“Authorities in Zambia must ensure that journalists are free to cover breaking news in the public interest without having to contend with censorship and heavy-handed actions of police, including arbitrary detention,” said Angela Quintal, CPJ’s Africa program coordinator, in New York. “The fact that journalists Innocent Phiri and Obvious Kapunda had to plead guilty and pay a fine under duress or risk continued detention is unacceptable, and their admission of guilt and fine must be nullified.”

Police were angered by the journalists’ presence at the operation and ordered them to leave or risk being shot at, claiming the operation was “sensitive,” Phiri and Kapunda told CPJ. The journalists continued to report, and the officers arrested them and threatened to shoot Phiri if he did not comply, according to Phiri and security footage uploaded to Facebook.

Phiri said the officers took them to Le Soleil Police Post in the Lusaka suburb of Roma and briefly confiscated their phones and camera.

On November 14, police charged the journalists with disorderly conduct contrary to Section 60 of the Zambia Police Act, according to the journalists’ lawyer Leon Lemba, who spoke to CPJ by phone, and a report quoting police spokesperson Rae Hamoonga.

Police initially intended to charge the journalists with obstruction of police under the penal code, which carries a sentence of up to five years, Lemba said.

Police spokesperson Rae Hamoonga and chief government spokesperson Chushi Kasanda did not respond to CPJ’s requests for comment sent via messaging app and text.

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Zambian journalist assaulted and charged after covering land altercation https://ifex.org/zambian-journalist-assaulted-and-detained-for-2-days/ Mon, 11 Apr 2022 23:02:08 +0000 https://ifex.org/?p=332947 While taking footage of an altercation between council officers and church members, Zambian journalist Eric Chiyuka was assaulted and subsequently arrested.

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This statement was originally published on cpj.org on 6 April 2022.

Zambian authorities must investigate an alleged police assault of community reporter Eric Chiyuka and immediately drop the charges of assault against him, the Committee to Protect Journalists said Wednesday.

Around 11 a.m. on March 26, Chiyuka, who works for the ruling party-aligned, privately owned online publication CIC Press, was taking photographs and video of a physical altercation between municipal police officers and members of the Evangelical Church of Zambia over a disputed piece of land in the northwest town of Mufumbwe, when he was ordered to stop by town council official Gilliard Mwamba, according to the journalist and CIC Press director Edward Makayi, who spoke with CPJ by phone, and a Facebook post by the media outlet.

When Chiyuka ignored the orders and continued to report, Mwamba allegedly knocked Chiyuka’s phone onto the ground, damaging it, and slapped him, the journalist said, adding that Mwamba later opened an assault case against Chiyuka.

Later that day, a team of officers arrived at a shop Chiyuka co-owns with his uncle to arrest him; when the journalist refused to get into a private vehicle driven by Mwamba to be transported to the station, a police officer identified as Inspector Chongo headbutted the journalist, Chiyuka told CPJ.

The confrontation between Chiyuka and the police lasted about 30 minutes. The journalist told CPJ that he went to the police station himself and was subsequently arrested on Chongo’s orders and detained for more than 48 hours. Chiyuka was charged with two counts of assault to do grievous bodily harm under Section 248 of the penal code, which can carry a penalty of five years in jail, in connection with the alleged assaults on Mwamba and Chongo, the journalist said.

“Community reporter Eric Chiyuka should never have been detained and forced to spend a weekend in jail, let alone charged with a criminal offense,” said Angela Quintal, CPJ’s Africa program coordinator, in New York. “Police in Mufumbwe must drop the assault charges against Chiyuka and should instead investigate the alleged assaults on him by one of their own and by a municipal official.”

Chiyuka, who is without legal representation and has not opened a case against Chongo or Mwamba, was released on police bond on March 28, after ruling United Party for National Development politician Rachael Kayoya signed for the bond, the journalist told CPJ.

Chiyuka said he pled not guilty to the two counts of assault when he appeared in the Mufumbwe Magistrates’ Court on March 30, and will return to court on April 13.

Reached for comment by phone, Chongo denied the allegations of assaulting the journalist. Northwestern Province acting commanding officer Dr. Fred Mulenga told CPJ by phone that he had not received a report of assault on a reporter or a police officer in Mufumbwe district.

CPJ calls and text messages to Mwamba did not receive a response.

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A possible new dawn for media freedom in Zambia https://ifex.org/a-possible-new-dawn-for-media-freedom-in-zambia/ Wed, 18 Aug 2021 16:33:19 +0000 https://ifex.org/?p=327931 Incoming president Hakainde Hichilema intimates an improved freedom of expression and media landscape under his leadership.

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This statement was originally published on misa.org on 17 August 2021.

Hakainde Hichilema, Zambia’s President-elect, has hinted that his incoming administration will improve the freedom of expression and media environment.

Hakainde Hichilema, Zambia’s President-elect, has hinted that his incoming administration will improve the freedom of expression and media environment in his country after years of decline under outgoing President Edgar Lungu.

In an address on August 16, Hichilema said his incoming United People for National Development (UPND) was not there to shut down nor monitor the media.

“The UPND government is not there to shut down Prime Television … (Prime TV), sorry about what happened to you,” he said in a television address to the nation.

“(Shutting down media houses) will not happen under our administration, you will operate as a business, you know your obligations as a business. But no political hand will be there to shut down your business.”

Last year, Zambia’s broadcasting regulator, the Independent Broadcasting Authority, cancelled Prime TV’s license “in the interest of public safety, security, peace, welfare or good order”.

In 2016, the Zambia government forced the shutting down of The Post newspaper on allegations it had a huge unpaid tax bill, but critics argue that the reason it was closed was because it was critical of the government.

Hichilema also took to social media to declare he would not pay lip service to press freedom and was “taking practical steps to actualising it”.

A MISA delegation that observed the recently concluded Zambian elections noted that the Zambian media landscape had increasingly become polarised with opposition parties being shut out from the state broadcaster, the Zambia National Broadcasting Corporation (ZNBC).

Hichilema was quick to point out that he had in the past also been a victim of being closed out of ZNBC.

MISA position

MISA is encouraged by the position taken by Hichilema.

Media freedom and the right to free expression, which is critical to socio-economic development, had been on the decline in Zambia, and there is, therefore, urgent need to address this.

We urge President-elect Hichilema to follow through on this pledge and improve Zambia’s media freedom environment.

Further, MISA calls upon the President-elect to prioritise the enactment of the Access to Information (ATI) Bill into law. The ATI law is critical, especially on critical issues of national importance [so that they] are engaged in a transparent and accountable manner.

The Bill has been on the agenda for the past two decades.

MISA hopes ZNBC will also be transformed into a truly independent public broadcaster in line with the African Charter on Broadcasting, as opposed to being the mouthpiece of the ruling party that it had become.

In breaking with the past, there is also a need to reform government-owned publications such as the Daily Mail, to ensure they are representative of the diverse views and opinions of all Zambians to enable the citizens of that country to make informed decisions and choices on issues that concern their daily lives.

Herewith, for your further reading and reference, here, the MISA preliminary report on the Zambian elections.

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Safety of journalists and access to information pre-requisite in ensuring credible elections in Zambia https://ifex.org/safety-of-journalists-and-access-to-information-pre-requisite-in-ensuring-credible-elections-in-zambia/ Fri, 13 Aug 2021 15:50:06 +0000 https://ifex.org/?p=327801 Ahead of, during and after the elections, MISA is particularly concerned about the safety and security of journalists and the media, the enactment of claw-back laws, and the need for citizens to access information at all times, both online and offline.

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This statement was originally published on misa.org on 13 August 2021.

The Media Institute of Southern Africa (MISA) is greatly encouraged by the explicit provisions in Zambia’s constitution which guarantee freedom of expression and the right to privacy.

We believe that these constitutional provisions offer immense opportunities for the entrenchment of democracy and the enjoyment of fundamental rights in the country.

Hence, ahead of, during and after the elections, on August 12, 2021, MISA is particularly concerned about the safety and security of journalists and the media in Zambia; the enactment of claw-back laws such as the recently enacted Cyber Security and Cyber Crimes Act No.2  of 2021 and the need for citizens to access information at all times, both online and offline.

The throttling and subsequent internet disruptions in Zambia on the day of elections to date are deplorable, given that elections are at the core of the exercise of democracy and respect of citizens’ rights. Access to the internet and social media platforms is very critical during an election as it facilitates transparency around the processes and fosters active citizen participation. Suffice to note that internet access equates to access to information and to the realisation of the right to freedom of expression.

All this is of concern to us because the necessary media legislative reforms required to align the existing Constitution have not yet been effected. MISA has previously stated the urgency of these reforms, noting that they are of significant importance ahead of the poll.

The failure to critically address and reform existing laws, such as the Public Order Act (1955); Independent Broadcasting Authority (IBA) Act, the Penal Code Act (1938) and the recently promulgated Cyber Security and Cyber Crimes Act among others, is an unfortunate drawback that might have serious repercussions on how the forthcoming elections are conducted.

MISA holds that Zambia has missed an opportunity to ensure these laws conform with its Constitution and also other regional and international instruments that the country is a signatory to. These instruments include the Universal Declaration on Human Rights, African Charter on Human and Peoples Rights, Banjul Declaration on the Principles of Freedom of Expression in Africa, Southern Africa Protocol on Sport, Culture and Information and the African Charter on Broadcasting.

Further, MISA is concerned with the failure of the Government of Zambia to move with speed towards the enactment of the Access to Information (ATI) Bill. The ATI law is critical especially on critical issues of national importance such as elections as it provides for transparency and accountability, contrary to the prevailing environment of secrecy, which breeds corruption and other vices.

We are concerned that in the absence of the said reforms, the SADC Guidelines and Principles on the Conduct of Democratic Elections will not be fully adhered to ahead of, during and immediately after the August 12 poll.

As a result, Zambians will not fully enjoy increased media freedom, their right to freedom of expression, assembly, association, and access to information.

MISA is also alarmed by the cases of media freedom violations in Zambia since the beginning of the year. In the first half of the year alone, MISA Zambia recorded cases of politically motivated attacks of media houses by supporters and officials of the ruling party, the Patriotic Front (PF).

The attacks included the ransacking and damage of property at Liberty Radio in an attempt to block the opposition Democratic Party president, Harry Kalaba, from appearing on a paid-for programme.

This was followed by yet another attack, by the PF officials, who violently disrupted a radio programme on Radio Luswepo featuring, yet again, the DP president, Kalaba.

Both attacks happened in the month of February 2021. In March 2021, the PF officials and supporters teargassed Radio Chet, for featuring United Party for National Development (UNDP) provincial chairperson, Mathews Chilekwa.

On June 24, Radio Kalungwishi in Chiengi District was set ablaze, but not a single person was held accountable for such attacks on the media.

We reiterate that both officials and supporters of political parties should be educated that actions that undermine media freedom constitute a serious violation of journalists’ constitutional right to media freedom and citizens’ right to freedom of expression and access to information.

We further urge political leaders to guard against making inflammatory statements that incite and excite their supporters to take the law into their own hands thus tarnishing the images of their respective parties, and ultimately, that of Zambia.

To this end, the statement by President Edgar Lungu that journalists should be protected and be safe at all times when executing their duties is highly commendable and hope that tangible safety nets will be put in place by his administration. The president made these remarks during this year’s World Press Freedom Day commemorations.

MISA also calls upon media houses to acquaint journalists covering elections with the profession’s safety and security measures to reduce the significance of threats or attacks against journalists and media workers.

In the same breath, we encourage all journalists to strictly adhere to their codes of ethics and to observe the highest standards in reporting the elections by showing a commitment to professionalism, media credibility and integrity.

MISA thus calls for the following minimum conditions during and post the August 12 elections in Zambia:

  • The African Union and Southern African Development Community (SADC), should insist that the Government of Zambia guarantees that journalists and media houses covering the election story are allowed to conduct their lawful professional duties without hindrance as it is their constitutionally guaranteed right to media freedom.
  • The government should order the police to firmly deal with these wanton acts of lawlessness which pose a great risk to the lives of journalists, media workers as well as their families.
  • Leaders of political parties should educate their supporters that their actions constitute serious violations of journalists’ constitutional right to media freedom and citizens’ right to freedom of expression and access to information.
  • Political leaders should guard against making inflammatory statements that incite and excite their supporters to take the law into their own hands (against journalists and media workers), thus tarnishing the images of their respective parties and that of Zambia
  • SADC should insist that the Electoral Commission of Zambia enforces the SADC Principles on the Conduct of Democratic Elections where it pertains to political parties and citizens’ equal and equitable access to the state media, notably the Zambia National Broadcasting Corporation.
  • The government of Zambia should extensively review and/or repeal the laws that hinder the enjoyment of freedom of expression, assembly and choice that is guaranteed by the country’s constitution.
  • The Zambian government should see to it that the internet is available, affordable and accessible at all times before, during and after elections in line with the provisions of the revised ACHPR Declaration of Principles of Freedom of Expression and Access to Information

MISA wishes the peoples of Zambia well as they decide their future and that the right to expression is defended at all times even post the release of the results of the plebiscite.

Golden Maunganidze
Regional Governing Council Chairperson

*The MISA Regional Observer Mission was led by the RGC Chairperson Golden Maugnanidze accompanied by fellow RGC members namely: Ms Salome Kitomari, the RGC Treasurer and chairperson of MISA Tanzania; Mr. Goncalves Fernando, chairperson MISA Mozambique and Ms Mandy Pondani, NGC member for MISA Malawi. Regional Secretariat members, Mr Tabani Moyo, Acting Regional Director & MISA Zimbabwe Director and Mr Nqaba Matshazi our Fundraising and Regional Campaigns Coordinator provided technical support to the team.

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Zambian President Lungu urged not to shut down internet https://ifex.org/zambian-president-lungu-urged-not-to-shut-down-internet/ Tue, 10 Aug 2021 01:54:00 +0000 https://ifex.org/?p=327711 As Zambia heads to the polls, members of the #KeepItOn coalition write to President Edgar Lungu to ensure that internet and digital communications remain uninterrupted.

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This statement was originally published on cpj.org on 5 August 2021.

The Committee to Protect Journalists joined 41 other human rights, free expression, and technology organizations in a letter to Zambian President Edgar Lungu, calling on him to ensure that the internet and digital communications remain uninterrupted throughout Zambia’s August 12 general election period.

In the letter, dated August 5, members of the #KeepItOn coalition against internet shutdowns said that in the lead-up to the elections, authorities had already introduced a number of laws, including the Cybersecurity and Cyber Crimes Act, 2021, the Data Protection Act, 2021, and the Electronic Communications and Transactions Act, 2021, that could enhance the government’s control of Zambia’s online civic space.

Among the letter’s recommendations, it urged Lungu to ensure “full internet access nationwide and refrain from arbitrarily blocking access to social media platforms such as Twitter, WhatsApp, Telegram, and Facebook, and websites of media outlets throughout the election period and thereafter.”

The letter notes that following the 2016 general elections, local media outlets reported at least two days of internet shutdowns and slowdowns in parts of Zambia.

Read the full letter here.

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Targeted attacks on broadcasting sector mar Zambia’s electoral landscape https://ifex.org/targetted-attacks-on-broadcasting-sector-mar-zambias-electoral-landscape/ Tue, 03 Aug 2021 20:27:35 +0000 https://ifex.org/?p=327437 A radio station owned by an electoral candidate is set on fire, while three separate radio stations have been attacked after hosting opposition politicians, in the months leading up to Zambia's elections.

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This statement was originally published on cpj.org on 2 August 2021.

In the early hours of June 24, 2021, an unknown group of people tried to set fire to the Kalungwishi Radio Station in the Chienge district of Zambia’s northern Luapula Province, damaging transmission cables, a mixer, and air conditioning equipment, according to a news report quoting the local chapter of the regional press freedom group Media Institute of Southern Africa, and Pilate Nsama, the station’s administrative officer, who spoke to CPJ via messaging app.Nsama told CPJ that a group showed up at the radio station, which is owned by a local politician, at around 1 a.m. with two containers of gasoline, which they sprinkled around the outside of the perimeter before setting it alight.A security guard who was alone at the station had spotted three people trying to set fire to the station, said Nsama, but they ran away after he shouted for help. The guard sought help from community members to douse the fire, and their quick action prevented the fire from spreading, Nsama said, adding, “The people we serve in this community prevented a disaster from happening.”

The fire did not damage the inside of the radio station, but the damage to the transmission cables prevented them from broadcasting for two days, he said.

On the day of the fire, police spokesperson Esther Katongo was quoted by the state broadcaster, the Zambia National Broadcasting Corporation, as saying that an investigation was underway. Reached for comment on July 19, 2021, via messaging app, Katongo told CPJ that the matter was still under investigation and that “no stone will be left unturned.”

Zambia’s broadcasting regulator, the Independent Broadcasting Authority (IBA), condemned the arson attack, saying it was a serious criminal offense and a grave infringement on media freedom and the public’s right to information, according to a statement published on its Facebook page on the day of the attack.

Austin Kayanda, national director of MISA-Zambia, told CPJ via messaging app that “the biggest problem is that the radio station is owned by a politician,” referring to Given Katuta, a former member of Parliament who is running in Zambia’s August 12 general elections.

The IBA dispatched a fact-finding team to understand what led to the arson attack, according to Kayanda, who added that he believes politics was involved. CPJ reached out to IBA Director General Josephine Mapoma about the findings of their investigation, but she said the institution does not divulge such information to third parties.

In the past seven months, three other radio stations have come under attack ahead of the country’s elections.

On February 9, 2021, supporters of the ruling Patriotic Front allegedly attacked privately owned Liberty Community Radio in the northern Mporokoso district for featuring opposition leader Harry Kalaba of the Democratic Party, MISA-Zambia stated. Armed with catapults and iron bars, the attackers smashed a window pane at the station entrance, according to MISA-Zambia. No arrests were made, and Katongo told CPJ that this attack, as well, was still being investigated.

On February 21, 2021, Patriotic Front supporters also allegedly attacked Luswepo Radio in the northern Mbala district when the community-owned station featured Kalaba, according to a news report. The PF supporters, armed with machetes and stones, damaged a wire fence to gain entry to the station, station manager Tabitha Nkomeshya told CPJ via messaging app. They dispersed after police fired five warning shots, while a few were arrested and later released, Nkomeshya added. Mapoma was quoted by the privately owned News Diggers site as saying the IBA was going to probe the recent attacks. When asked about the IBA findings, Mapoma reiterated to CPJ that the institution does not discuss investigations with third parties.

On March 10, 2021, Patriotic Front supporters teargassed Chete FM in the northern district of Nakonde during a broadcast featuring members of the opposition United Party for National Developmentincluding Provincial Chairperson Rev. Mathews Chilekwa and George Sinkala, according to a MISA-Zambia statement and a report by News Diggers. The attackers forced their way into the station armed with stones and pepper spray, station manager Moses Mbewe told CPJ via messaging app. The PF supporters then disrupted the radio program by pepper-spraying the station, making it hard for staff members to breathe, and beating opposition members taking part in the program, he added.

Lizzie Machina, police commissioner of Muchinga Province, where the Luswepo and Chete stations are located, told CPJ via messaging app that the investigations into both attacks were still ongoing.

PF media director Antonio Mwanza told CPJ via phone that the ruling party did not receive any official complaints against its supporters in Mbala, Mporokoso, and Nakonde, which he said means the mention of the party’s name was mere speculation. “However, we do not condone violence, and anyone found wanting must be prosecuted regardless of their affiliation,” Mwanza added.

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Zambian CSOs challenge constitutionality of newly passed cybercrime law https://ifex.org/zambian-csos-challenge-constitutionality-of-newly-passed-cybercrime-law/ Mon, 19 Apr 2021 22:53:42 +0000 https://ifex.org/?p=324720 A number of Zambian civil society organisations believe their recently passed cybercrime law contains provisions that threaten constitutionally protected rights.

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This statement was originally published on zimbabwe.misa.org on 6 April 2021.

Zambian civil society organisations have approached the High Court in Lusaka accusing the government of violating the Constitution through the enactment of the Cyber Security and Cyber Crimes Act.

Chapter One Foundation, Bloggers of Zambia, Gears Initiative, People’s Action for Accountability and Good Governance in Zambia and the Alliance for Community Action, argue that the new law contains provisions that threaten the right to protection of the law and the right to freedom of expression, among other constitutionally guaranteed rights.

The civil society organisations want the Cyber Security and Cyber Crimes Act to be declared unconstitutional.

Among others, the Cyber Security and Cyber Crimes Act, seeks to promote the “responsible use of social media platforms”.

The new act may also allow the government to listen to people’s conversations without a court order.

Furthermore, the law orders that service providers should provide services that are “capable of rendering real-time and full-time monitoring facilities for the interception of communications”.

This will be done through the setting up of a Central Monitoring and Coordination Centre through which intercepted communication and call-related information will be forwarded.

MISA Zimbabwe position

The enactment of the Cyber Security and Cyber Crimes Act has a chilling effect on freedom of expression, media freedom and Zambians’ right to privacy.

The Act falls far short of regional and international standards and instruments on human rights such as the African Union Convention on Cyber Security and Personal Data Protection (Malabo Convention, which sets the standards for cybersecurity and personal data protection laws as well as capacity building, knowledge exchanges and experience sharing among signatories.

President Edgar Lungu has previously warned that the Act may be used to deal with social media abusers.

MISA Zimbabwe has already stated its position that there are real fears that governments in the region could soon be relying on cybersecurity laws to curtail freedom of expression and of the media.

An SADC (Southern African Development Community) meeting last year resolved to “take pre-emptive measures against external interference, the impact of fake news and abuse of social media particularly in electoral processes”.

A number of countries in the region are in the process of coming up with cybersecurity laws and this could mark the beginning of a serious decline in the exercise and enjoyment of freedom of expression and media freedom in Southern Africa.

We urge the government of Zambia to take a step back, and if need be, amend the sections of the Act that limit the rights of Zambians.

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Zambia’s media regulator slaps Prime TV with 30-day suspension https://ifex.org/zambias-media-regulator-slaps-prime-tv-with-30-day-suspension/ Wed, 06 Mar 2019 15:47:00 +0000 https://ifex.org/zambias-media-regulator-slaps-prime-tv-with-30-day-suspension/ African Freedom of Expression Exchange together with its member MiSA Zambia is calling on Zambia's Independent Broadcasting Authority (IBA) to reconsider the decision to suspend Prime Television.

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This statement was originally published on africafex.org on 5 March 2019.

The African Freedom of Expression Exchange (AFEX) together with its member, MiSA Zambia, is dismayed at the decision of the country’s media regulatory body, the Independent Broadcasting Authority (IBA) to suspend privately owned, Prime Television.

The IBA on March 1, 2019 summoned the management of the TV station to respond to allegations of ‘biased’ reporting levelled against the station by the ruling PF party during Parliamentary by-elections held in Sesheke, a town located in the western province of Zambia. The IBA also ordered the management to render an apology to the Secretary General of the PF party within 14 days.

However, on March 4, 2019, three days after Prime TV was summoned, the IBA at a press briefing announced the suspension of the licence of the TV station for 30 days with immediate effect. Announcing the suspension, the Director General and Board Secretary of the IBA, Josephine Mapoma said the licence of Prime TV had been revoked for exhibiting “unprofessionalism in its broadcasting” through unbalanced coverage, opinionated news material, likely to incite violence and use of derogatory language.

The IBA also indicated it had suspended the licence of Valley FM for 60 days, revoked licences of two other radio stations and issued about 20 licences to different media outlets across Zambia.

Prime Television has been subjected to a series of attacks such as verbal and physical assaults from affiliates of PF party including high ranking government officials following the station’s reportage of the Sesheke parliamentary by-elections.

AFEX finds the decision of the IBA which is supposed to be the mediator in resolving the conflict between the TV station and the disgruntled officials of the PF party as hasty, targeted and censoring.

Suspending Prime TV for 30 days means denying citizens who rely on the station to be informed their fundamental right to freedom of expression and access to information which is enshrined in Article 20 of the country’s constitution as well as other regional and international frameworks.

The AFEX network considers it worrying that the IBA is suspending Prime TV after the Deputy Media Director of the PF party, Antonio Mwanza, was quoted a few weeks ago by an online blog, saying the media regulator had been directed to revoke the licence of the station.

AFEX and MiSA Zambia maintain that the IBA is supposed to be independent of any form of influence from any quarters including the ruling government. It is therefore disturbing that it appears the IBA is being used as a tool to silence media houses whose reportage are contrary to the views of the ruling government.

We denounce the suspension of Prime TV as an affront to press freedom. AFEX calls on the Independent Broadcasting Authority (IBA) to reinstate the station and allow it to carry out its constitutional duty of informing the public.

Members of AFEX:

Africa Freedom of Information Centre
Association for Media Development in South Sudan
Center for Media Studies and Peace Building
Freedom of Expression Institute
Human Rights Network for Journalists – Uganda
Institute for Media and Society
International Press Centre
Journaliste en danger
Media Foundation for West Africa
Media Institute of Southern Africa
Media Rights Agenda
West African Journalists Association

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