Zambia - Public Broadcasting In Africa (AfriMAP 2010)

7/31/2019 Zambia - Public Broadcasting In Africa (AfriMAP 2010)

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Zambia

A survey by the

Africa Governance Monitoring and Advocacy Project (AfriMAP)Open Society Initiative Southern Africa (OSISA)

Open Society Institute Media Program (OSIMP)

AN OPEN SOCIETY FOUNDATIONS PUBLICATION

Public broAdcAsting in AricA series


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Copyright 2010, Open Society Initiative or Southern Arica. All rights reserved.

No part o this publication may be reproduced, stored in a retrieval system or transmitted in any orm,

or by any means, without the prior permission o the publisher.

Written by:

Chris H Chirwa (researcher), Jeanette Minnie (regional editor) and Hendrik Bussiek (editor-in-chie)

Published by:

Open Society Initiative or Southern Arica

ISBN: 978-1-920355-97-5

For more inormation contact:

AriMAP / Open Society Initiative or Southern Arica

President Place

1 Hood Ave/148 Jan Smuts Ave

Rosebank

South Arica

P.O. Box 678

Johannesburg

South Arica

www.arimap.org

www.osisa.org

Layout and printing:

COMPRESS.dsl, South Arica


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Contents

Acronyms v

Foreword vii

Introduction ix

1 Country Facts 11 Government 1

2 Basic socio-economic data 4

3 Main challenges 6

4 The media landscape 8

5 Brie history o broadcasting 11

2 Media Legislation and Regulation 151 International, continental and regional standards 15

2 The Constitution o Zambia 20

3 General media laws and regulations 25

4 Other laws with an impact on media and reedom o expression 28

5 Jurisprudence 34

6 Conclusions and recommendations 36

3 The Broadcasting Landscape 411 The Zambia National Broadcasting Corporation 412 Commercial/private broadcasters 41

3 Community and religious broadcasting services 45

4 Technical standard and accessibility o services 49

5 Concentration o media ownership 51


4 Digitalisation and its Impact 55

1 Preparedness or the switch-over 56

2 Convergence 57

3 Increased competition 58



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iv PU BL IC BROADCASTING IN AFRICA: ZAMBIA

5 Broadcasting Legislation and Regulation 611 The Independent Broadcasting Authority (IBA) 61

2 Licensing o broadcasters and enorcement o licence conditions 64

3 Complaints and conict resolution systems 664 Conclusions and recommendations 67

6 The Zambia National Broadcasting Corporation 691 Legislation 69

2 Profle o the ZNBC 72

3 Organisational structures 73

4 Attitudes towards public broadcasting within the ZNBC 75


7 Funding o the ZNBC 791 Main sources o unding 79

2 Spending 82


8 Programming 871 Programme policies and guidelines 87

2 Programme schedules 913 News and current aairs 96

4 Comparison o public interest programming 100

5 Feedback and complaints procedures 102


9 Broadcasting Reorm Eforts 1051 Perceptions o ZNBC 105

2 Current reorm eorts 1083 Future o public service broadcasting 111


10 Overall Conclusions and Recommendations 115


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PU BL IC BROADCASTING IN AFRICA: ZAMBIA v

Acronyms

ACHPR Arican Commission on Human and Peoples Rights

ANC Arican National CongressAU Arican Union

BBC British Broadcasting Corporation

CBA Commonwealth Broadcasting Association

COMESA Common Market or Eastern and Southern Arica

CRC Constitutional Review Commission

DW Deutsche Welle

FODEP Foundation or Democratic Process

FOI Freedom o Inormation

FPPS rst-past-the-post system

IBA Independent Broadcasting Authority

ICCPR International Covenant on Civil and Political Rights

IMF International Monetary Fund

ISP internet services provider

ITU International Telecommunications Union

K Kwacha (Zambian currency)

MECOZ Media Council o Zambia

MIBS Ministry o Inormation and Broadcasting ServicesMISA Media Institute o Southern Arica

MMD Movement or Multi-party Democracy

MRC Media Reorm Committee

NAC National HIV/AIDS/STI/TB Council

NCC National Constitutional Conerence

NGO non-governmental organisation

OAU Organisation o Arican Unity

OSISA Open Society Initiative or Southern AricaPAZA Press Association o Zambia

PF Patriotic Front

RFI Radio France International

SADC Southern Arican Development Community

STB set-top boxes

TIZ Transparency International Zambia

UPND United Party or National Development

UN United Nations

UNESCO United Nations Educational, Scientic and Cultural Organisation


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vi PU BL IC BROADCASTING IN AFRICA: ZAMBIA

UNIP United National Independence Party

UNZA University o Zambia

UNZA FM University o Zambia Radio

ZaCoMeF Zambia Community Media ForumZAMCOM Zambia Institute o Mass Communication

ZAMEC Zambia Media Council

ZAMTEL Zambia Telecommunications Company Limited

ZAMWA Zambia Media Womens Association

ZANIS Zambia News and Inormation Services

ZBC Zambia Broadcasting Corporation

ZBS Zambia Broadcasting Service

ZEC Zambia Episcopal Conerence

ZICTA Zambia Inormation and Communication Technologies Authority

ZNBC Zambia National Broadcasting Corporation

ZUJ Zambia Union o Journalists


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Foreword

The report is the result o research that started in 2008 with the aim o collecting,

collating and writing up inormation about regulation, ownership, access, perormance

as well as prospects or public service broadcasting reorm in Arica. The Zambia report

is part o an eleven-country survey o Arican broadcast media. The main reason or

conducting the research is to contribute to Aricas democratic consolidation.

Many Arican countries have made signicant gains in building democratic

systems o governance that are based on popular control o decision-making and in

which citizens are treated as equals. Availability and access to inormation by a greater

number o citizens is a critical part o a unctioning democracy and a countrys

development. The role o a public service broadcaster as a vehicle through which

objective inormation and diverse perspectives are transmitted into the public domaincannot be overstated.

A number o countries are currently undertaking public service broadcasting

reorms that aim to improve service delivery and accountability to citizens. Such

reorms draw rom evolving Arican and global standards regarding media and

broadcast media in particular. The survey instrument that was developed in

consultation with Arican media experts and others rom other parts o the world is

largely based on agreements, conventions, charters and declarations regarding media

that have been developed at regional and continental levels in Arica.The survey o broadcast media in Arica was initiated by two projects o the Open

Society Institute (OSI), the Arica Governance Monitoring and Advocacy Project

(AriMAP) and the Open Society Institute Media Program, working with the Arican

members o the Soros Foundation Network in Southern Arica, the Open Society

Initiative or Southern Arica (OSISA). The research was carried out by Chris H.

Chirwa, a media and management consultant. The report was co-edited by Jeanette

Minnie, an international reedom o expression and media consultant, as regional

editor, and the editor-in-chie o the project, Hendrik Bussiek, a media consultant with

extensive broadcasting experience in Arica and globally.


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vi ii PU BL IC BROADCASTING IN AFRICA: ZAMBIA

It is our hope that the research will clear some o the misconceptions about public

service broadcasters. In its simplest denition a public service broadcasting service

is a broadcaster that serves the public as a whole and is accountable to the public as a

whole. Yet in most instances what is reerred to as a public broadcaster is in act a statebroadcaster. This research aims to help the process o aiding the transormation o

Aricas public service broadcasters into media worthy o the name.

Ozias Tungwarara

Director, AriMAP


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Introduction

The survey on public service broadcasting in Arica starts rom the premise that

development and democracy cannot thrive without open and ree public space

where all issues concerning peoples lives can be aired and debated and which gives

them room and opportunity to participate in decision-making. Nobel Prize laureate

Amartya Sen describes democracy as governance by dialogue and broadcasters are

ideally placed to acilitate this dialogue by providing the space or it i their services

are accessible, independent, credible and open to the ull spectrum o diverse views.

Following rom this premise, the key objective o the survey is to assess whether

and to what extent the various orms o broadcasting on our continent can and do

create such a ree public space, with special attention given to those services which call

themselves public. A total o eleven country reports look closely at the current statuso broadcasting in Benin, Cameroon, Kenya, Mali, Mozambique, Namibia, Nigeria,

South Arica, Uganda, Zambia and Zimbabwe.

While this survey may be unprecedented in its scope and depth, it does eed into

ongoing discussions among broadcasters, civil society and politicians in Arica on the

nature and mandate o genuine public service broadcasting. Reorm eorts are under

way in a number o countries. And at least on paper there is already broad consensus

on the need to open up the airwaves to commercial and community broadcasters and

or state broadcasters to be transormed into truly public service broadcasting services.The Declaration o Principles on Freedom o Expression in Arica adopted by the

Arican Unions Commission on Human and Peoples Rights in 2002, or example,

says a State monopoly over broadcasting is not compatible with the right to reedom o

expression and demands that state and government controlled broadcasters should be

transormed into public service broadcasters accountable to the public. This document

and other regional policy declarations serve as major benchmarks or this survey.

In particular, these Arican documents inorm the vision and mandate o public


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x PU BL IC BROADCASTING IN AFRICA: ZAMBIA

service broadcasting as understood in this study.1 This vision can be summarised as

ollows:

to serve the overall public interest and be accountable to all strata o society as

represented by an independent board;

to ensure ull respect or reedom o expression, promote the ree ow o

inormation and ideas, assist people to make inormed decisions and acilitate

and strengthen democracy.

The public service broadcasters mandate is:

to provide access to a wide range o inormation and ideas rom the various

sectors o society;

to report on news and current aairs in a way which is not inuenced by

political, commercial or other special interests and thereore comprehensive,

air and balanced (editorial independence);

to contribute to economic, social and cultural development in Arica by

providing a credible orum or democratic debate on how to meet common

challenges;

to hold those in power in every sector o society accountable;

to empower and inspire citizens, especially the poor and marginalised, in

their quest to improve the quality o their lives;

to provide credible and varied programming or all interests, those o the

general public as well as minority audiences, irrespective o religious belies,

political persuasion, culture, race and gender;

to reect, as comprehensively as possible, the range o opinions on matters o

public interest and o social, political, philosophical, religious, scientic and

artistic trends;

to promote the principles o ree speech and expression as well as o ree

access to communication by enabling all citizens, regardless o their social

status, to communicate reely on the airwaves;

to promote and develop local content, or example through adherence to

minimum quotas;

to provide universal access to their services, with their signal seeking to reach

all corners o the country.

1 Apart rom the Arican Commissions Declaration o Principles on Freedom o Expression, these are the AricanCharter on Broadcasting 2001 as well as the 1995 policy document On The Move and 2007 drat policy paper Nowis the Time by the Southern Arican Broadcasting Association, in which state/public service broadcasters in southernArica commit themselves to the aim o public service broadcasting.


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INTRODUCTION

Other broadcasting services can in one way or the other also ulll aspects o

this mandate, and the survey, thereore, looks at them as well in order to assess their

contribution to the creation o a public space.

The acts, gures and inormed assessments presented in the survey will, it ishoped, provide a nuanced picture o where broadcasting in Arica at present stands

between His Masters Voice o old and the envisaged public service broadcasting

service o the uture. This inormation should provide a sound basis or advocacy work,

both among decision-makers and civil society as a whole.

The report starts out with a comprehensive audit o existing media laws and other

legislation with an impact on reedom o expression and a critical in-depth assessment

o the legal and regulatory ramework in which broadcasting presently operates. This

is ollowed by a detailed study o the state broadcaster its organisation, its nances,

its policies, the content it oers.

At the end o July 2010 a drat report was publicly presented at a round table

meeting in Zambias capital Lusaka, attended by participants rom public and private

broadcasting stations, media associations and other civil society organisations.

Participants discussed the ndings, corrected assumptions and errors, debated and

endorsed conclusions and recommendations and made a number o additions which,

together with inormation provided in some written submissions, were incorporated

into the nal version.

Researchers and editors would like to express their gratitude to all those whocontributed by sharing their inormation and insights and providing valuable eedback

and constructive criticism.

Hendrik Bussiek


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1Country Facts

Zambia gained independence rom Britain in October 1964 as a result o elections a

year earlier, in which the United National Independence Party (UNIP) won 55 o the

65 parliamentary seats with the rest going to the Arican National Congress (ANC).

The UNIP ormed the rst government under the presidency o Dr Kenneth Kaunda.

Over the ollowing years rival political parties established as break-away groups rom

the UNIP were banned, citing as reasons tribalism and violence resulting in deaths

o citizens. At the beginning o 1973 Kaunda ormally introduced a one-party state,

ostensibly to enhance national unity and promote economic development.

Zambians became increasingly disgruntled and their protests culminated in

coup attempts in 1980 and 1990 as well as ood riots in 1986 and 1990, ollowingincreases in the price o maize meal, the staple ood o Zambians. To restore peace,

Kaunda agreed that the Constitution be amended in order to re-introduce multi-party

politics and called general elections or October 1991. The newly ormed Movement

or Multi-party Democracy (MMD), under Frederick J.T. Chiluba, won the majority

o parliamentary seats and so removed the ormer ruling party and its leader Kaunda

rom power.

1 Government

Zambia is a multi-party democratic sovereign state. The Constitution o Zambia

provides or the holding o presidential, parliamentary and local government elections

at least once every ve years, using the rst-past-the-post system (FPPS). Zambia is

divided into geographical areas known as constituencies or wards, and voters in each

constituency or ward return one member o parliament and one local government


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councillor, respectively, by a simple majority o votes.2

The president, members o parliament and local councillors are elected on the

same day. Every Zambian citizen over the age o 18 qualies to register as a voter and

to vote. An autonomous Electoral Commission o Zambia, so dened by Article 76(1)o the Constitution, is responsible or the delimitation o electoral boundaries, i.e. local

council wards and parliamentary constituencies, or supervising the registration o

voters, conducting elections and releasing the election results.

The autonomy o the Electoral Commission has, however, generated considerable

debate because o the mode o appointment o commissioners. Currently the president

appoints the members o the commission subject to ratication by the National

Assembly. There is a general perception that the Commission is biased towards

the ruling party, that it is not truly independent and not sufciently insulated rom

intererence by the executive and other political players, and that it does not have

the capacity to withstand government pressure. It is consequently not trusted by

opposition political parties and non-governmental organisations.3

Results o the September 2006 presidential, parliamentary and local government

elections showed that a newly ormed Patriotic Front (PF) recorded dramatic successes

in our (out o nine) provinces, mainly at the expense o the ruling party, the MMD.

The MMD, or its part, almost completely wiped out the UNIP in its ormer stronghold,

the Eastern Province. The United Party or National Development (UPND) maintained

its hold on the southern parts o Zambia, as in the previous elections o 2001.The uidity o this scenario suggests that voters in Zambia have become much

more selective and, given a wider choice, that their support can no longer be taken

or granted by the ruling party (the MMD). It also shows that voters are increasingly

turning their backs on the ormer (one-party state) ruling party (the UNIP). There is

now much more democratic contestation or political power than in the past.

At the same time a review o voting patterns over the last 40 odd years reveals

that long-lasting support or a party in power remains a eature o Zambias political

landscape. In the rst decades ater independence the UNIP was loyally supported inelection ater election. Ater 1990 there was a massive shit towards the MMD, such

that the party has won the majority o parliamentary as well as presidential elections

since 1991. Frederick Chiluba served two ull terms as Republican President until

2001; his successor Levy P. Mwanawasa was also re-elected and served rom January

2002 to 19 August 2008 when he died in ofce, and Rupiah B. Banda has been in

ofce since 2 November 2008.

2 Republic o Zambia. Final Report o the Electoral Reorm Technical Committee appointed to Review the E lectoral System inZambia, August 2005, p. 168.

3 Ibid., pp. 485486.


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COUNTRY FACTS 3

The power o the ruling party is urther strengthened by the right o the president to

appoint eight non-elected members to parliament. Ater the 2006 elections President

Mwanawasa included all o these eight parliamentary nominees in his cabinet, one

o them as vice-president who also serves as the leader o the house. Among thepartys members o parliament at present are no less than 23 cabinet ministers and

34 deputy ministers. Thus, out o the 84 parliamentarians o the ruling party, 57 are

simultaneously members o the executive.

Table 1: Political parties and their parliamentary seats

Pa e MP nma

MMD 76 8

PF 42

UPND 22

Others 7

Independent 3

Total 150 8

Source: National Assembly o Zambia, 9 October 2008

The country has an executive president who is head o state and government and also

commander-in-chie o the deence orces. The president is elected by direct universal

adult surage through a secret ballot. He appoints the vice-president and cabinetministers rom among the members o parliament.

The president also makes appointments to constitutional posts such as that o

chie justice, deputy chie justice, Supreme and High Court judges, attorney-general,

solicitor-general, director o public prosecutions and auditor-general; all these

appointments are subject to ratication by parliament. There have been cases when

parliament has reused to ratiy appointments recommended by the president. In

2003 it reused to ratiy the appointment o a director o public prosecutions until the

president nominated a suitable replacement.Although the Constitution does not expressly stipulate the doctrine o separation

o powers, in practice Zambia espouses such separation through the three arms o

government, namely the executive, the legislature and the judiciary. However, as

an ofcial publication by parliament explains, this separation o powers needs to be

understood in context:

the concept o separation o powers is not absolute. For example, by the inherent

nature o Zambias parliamentary system, the President who is the head o the


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Executive is a constituent part o the legislature and has to assent to bills beore

they become law.

Furthermore, Cabinet Ministers and their Deputies are Members o Parliamentand, generally, legislation is initiated by Cabinet Ministers who constitute the

Executive. The Constitution, however, makes the Executive collectively accountable

to Parliament.

As regards the relationship between Parliament and the Judiciary, the separation o

powers is larger, but still, not absolute. In interpreting the law, courts do, in act,

make laws. This is because, in many cases, the application o the existing law may

not provide an answer to the question conronting the court 4

2 Basic socio-economic data

Table 2: Population and economic data56789

Ppa 12 160 516 (projected in 2000 Census)National average growth rate: 2.5 %

A a Male 78%, emale 685

l xpa 51.3 years6

Ma aa (% am ppa)

Ofcial language: English (used by 26.3% countrywide)7

Main Zambian languages: Bemba (30.1%), Kaonde(2.0%), Lozi (5.7%), Lunda (2.2%), Luvale (1.7%), Nyanja(10.7%) and Tonga (10.6%)

r (%) Traditional belies (56%), Christianity (43%)and others (1%)

gdP p apa US $770 (estimated 2008)8

Aa fa 16.6% (2008)9

At the time o independence in 1964, and or a short period aterwards, the government

maintained a ree market economy. The decision to introduce economic reorm

measures rom 1968 resulted in the nationalisation o many hitherto prot-making

4 Republic o Zambia. National Assembly o Zambia, The Parliament o Zambia A Brie Account o Its Structure andActivities, 2001, p. 23.

5 Central Statistical Ofce, Zambia, 2000 Census o Population and Housing, November 2003.6 Projected gure provided by the Monthly Central Statistical Ofce Newsletter, Vol. 69 o December 2008. The last

ofcial gure in the 2000 Census was 52.7 years.7 2000 Census, op.cit, p. 46.

8 The MonthlyCentral Statistical Ofce Newsletter, Volume 69, December 2008, p. 19.9 Ibid., p. 2.


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COUNTRY FACTS 5

private companies, thereby creating a parastatal sector that at its peak constituted as

much as 80 per cent o Zambias economy.10

With rising oil and alling metal prices on the international market in the early

1970s, the countrys export earnings dropped. Zambia experienced a crisis in thebalance o payments which could only be alleviated through external borrowing rom

the International Monetary Fund (IMF), among others. By 1990, aced with pressures

rom the IMF over its socialist and commandist economic policies, the government

was orced to end price controls, devalue the local currency Kwacha, abolish subsidies

on basic oodstus, and opt or the privatisation o mines and companies in which it

held controlling shares.

The Movement or Multi-party Democracy (MMD) came into power on the

platorm o market liberalisation and immediately set in motion a rapid privatisation

programme. This included the abolition o oreign exchange controls as well as the

removal o price controls and consumer subsidies. In response the donor community

resumed balance o payments support and acilitated negotiations and eventual debt

relie or Zambia under the Highly Indebted Poor Countries (HIPC) initiative and the

Multilateral Debt Relie Initiative (MDRI). A colossal sum o US$ 6.8 billion out o

US$ 7.2 billion11 was nally written o when Zambia reached the HIPC completion

point in July 2007.

In order to earn this debt orgiveness the government imposed a number o

stringent measures that included a reeze on public sector wage increases and ensuringthat more unds were allocated to productive sectors rather than to consumption. It

was anticipated that with total external debt written o and copper, the countrys

main export, commanding high world market prices, Zambians would at last derive

some benet in the orm o improved social services and a decline in poverty levels.

However, the standard o living has not improved or the majority o the people and

the government has yet to demonstrate that its tough economic reorms have borne

tangible ruit or the ordinary citizen.

In the wake o privatisation, liberal economic policies and concerted eorts toattract investment, oreign direct investment increased by an annual average o 150 per

cent rom US$ 40 million in 1994 to US$ 821 million in 2007. 12

Today the economy o Zambia rests mainly on our pillars: agriculture,

manuacturing, tourism and mining, with the latter the countrys traditional main

source o income now lagging ar behind in ourth place. Lately non-traditional

10 Zambia Review, 9th Edition, 2008, Directory Publishers o Zambia, 2008, p. 20.11 Statement by Deputy Minister o Finance and National Planning, Mr Jonas Shakauswa, in the National Assembly o

Zambia on the HIPC Completion Point Benets on 7 March 2007.

12 I. Mwanawina, China-Arica Economic Relations: The Case o Zambia, A study commissioned by the Arican EconomicResearch Consortium February 2008, p. 6.


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exports such as copper wire, burley tobacco, cotton lint, electrical cables, resh owers,

cotton yarn, gemstones, resh ruit and vegetables, and electricity have brought in

considerable revenue. Over the period 20062008 the real GDP increased by an

average 6.1 per cent per annum and this is considered robust despite being lower thanthe gure predicted in the Fith National Development Plan 20062010.13

With the privatisation o mines and the vagaries o the world copper market, large

numbers o miners or many years the major component o the countrys employed

workorce have been retrenched or casualised. Reliable and up-to-date inormation on

how many Zambians are in paid employment is not easy to obtain. The Labour Force

Survey Report o 2005, published by the Central Statistical Ofce in January 2007, is

the only authoritative ofcial reerence. According to this report the total labour orce

(persons o 15 years and above either employed or available or work) stood at 4 918 788.

Out o this number, 4 131 531 or 84 per cent were employed (495 784 in the ormal sector

and 3 635 747 in the inormal sector) and 787 006 or 16 per cent were unemployed. In

addition, 1 236 761 people were classied as being economically inactive.

3 Main challenges

3.1 cp

A high incidence o corruption in the public sector during the presidency o Frederick

Chiluba was exposed initially by the independent media and then by the successor

government o President Mwanawasa. Mwanawasa established a task orce whose work

continued or a while under his successor and resulted in many senior government

ofcials being indicted. The prosecution team o the task orce has also succeeded in

securing a number o convictions. The wie o Frederick Chiluba was in March 2009

convicted or receiving and being in possession o stolen state property and sentenced

to three and a hal years simple imprisonment. At the time o writing, her appeal waspending in the high court. Two ormer air orce commanders were convicted and

sentenced to prison with hard labour or a period o our to seven years respectively;

one ormer army commander was convicted and imprisoned with hard labour or our

years. All those convicted have appealed against their respective sentences in the high

court.

Six counts o thet, totalling an amount o little more than hal a million US dollars,

were brought against Frederick Chiluba himsel. The trial started in 2004 and the

13 National Budget address by Dr Situmbeko Musokotwane, Minister o Finance and National Planning, in the NationalAssembly o Zambia on 30 January 2009.


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COUNTRY FACTS 7

ormer president was acquitted on 15 August 2009. A civil case in a British court in

which Chiluba was ound guilty o corrupt practices and thet was not enorced by

Zambian courts.

There was widespread dissatisaction over Chilubas acquittal among the public, inparticular on the part o civil society organisations who thought the judgment glossed

over issues. They accordingly agitated or the government to appeal. The decision to

make such an appeal is the prerogative o the Director o Public Prosecutions, who

in this instance chose not to do so much to the disappointment o the complaining

public.

Progressively, though, the entire nation has become aware o the evils o corruption

and its negative impact on doing business in Zambia and on development in general.

The debate was given added momentum in 2009 when oreign donors threatened to

withhold unding alleging widespread corruption in the health ministry.

3.2 hiv a Aids pam

Zambia is one o the sub-Saharan countries worst aected by the HIV and AIDS

pandemic,14 with an estimated national average HIV prevalence o 14.3 per cent

among the 1549 years age group.15 (The estimated HIV and AIDS prevalence in sub-

Saharan Arica stands at 7 per cent.16) The government, through an act o parliament,

established the National HIV/AIDS/STI/TB Council (NAC) to coordinate eorts andstrategies at national level aimed at stemming and preventing the spread o HIV and

AIDS in the country. The eort to prevent the spread o the pandemic is a very costly

undertaking and consumes much o the countrys limited unds. 17

3.3 P

The major challenge acing Zambia today is to reduce poverty and achieve sustained

economic growth or national development. The price o the basic ood basket stoodat K 78 233 per adult person per month in December 2004 (the latest available gure

just over US$ 1518). Fity-three per cent o the adult population could not aord

this. The Basic Needs Basket, which includes non-ood items, was valued at K 111 747

(US$ 22) not aordable to 68 per cent o all citizens.19

14 Republic o Zambia. Ministry o Health, Zambia Country Report Multi-sectoral AIDS Response Monitoring &Evaluation Biennial Report 20062007 to the U.N. General Assembly (revised edition, June 2008).

15 Ibid., p. viii.16 Ibid.17 2007/2008 Zambia Human Development Report, United Nations Development Programme, p. 48.

18 www.xe.com 23 June 2010.19 Republic o Zambia. Central Statistical Ofce, 2004 Living Conditions Monitoring Survey Report(December 2005),

p. 119.


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4 The media landscape

There are our distinct phases in the history o the newspaper industry in Zambia:

pre-independence (beore 1964), independence/multi-party state (19641972), one-party state (19731990) and multi-party state (1991 to date). During the rst phase

newspapers were polarised between pro-white settlers in avour o the colonial

government and pro-nationalists, i.e. Aricans ghting or sel-rule. During the second

and third phases papers were largely state-owned and generally ocused on development

issues, business and commerce, as well as sports and entertainment. Towards the end

o the third phase a ew newly established and privately owned newspapers began to

publish articles critical o the economic perormance and policies o the government

and generally championed the cause o a return to multi-party politics and a more

democratic political dispensation.

The ollowing are the major national publications presently in circulation in

Zambia.

Table 3: Newspapers and their circulation

t pa laa q pa ca** owp

Times of Zambia* English Daily 9 000 Government

Zambia Daily Mail* English Daily 8 500 Government

Sunday Times of Zambia* English Weekly 16 000 Government

Sunday Mail* English Weekly 13 000 Government

The Post*/Saturday Post English Daily 47 000 Privately owned

Sunday Post* English Weekly 47 000 Privately owned

Monitor & Digest English Weekly 2 000 Privately owned

Weekly Guardian English Weekly 5 000 Privately owned

The New Vision* English Weekly 6 000 Privately owned

Source: Interviews with respective newspapers

* These newspapers are distributed in all major towns and provincial centres** In the absence o an Audit Bureau o Circulation, the circulation fgures could not be verifed

All these newspapers cost K 3 000 per copy (US$ 0.6020). This relatively high price

comes about as a result o low print runs and thus high unit production costs, high

costs o imported raw printing materials, limited numbers o advertisements and high

costs o distribution.

Not many people can aord to buy newspapers regularly but there are those who

have over the years developed the habit o reading a paper every day and will somehow

nd the money to buy one. Some read the papers bought by the institutions or

20 www.xe.com 23 June 2010.


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COUNTRY FACTS 9

companies where they are employed and others borrow copies rom more well-to-do

riends or neighbours. According to a survey done in April 2009,21 newspapers or

other print media are read by 38 per cent o the respondents every day or have been

read during the last seven days.The Post, Times o Zambia and Zambia Daily Mailalso publish their editions on the

internet. To access The Post, or example, one has to subscribe to this service at a ee

o US $10.00 per month. There are other on-line publications such as the Zambian

Watchdog, Lusaka Times and Timbuktu Chronicles.

The newspapers listed above are all in English. To provide inormation or

the majority o the population, the government, through the Zambia News and

Inormation Services (ZANIS), occasionally used to publish provincial newspapers.

These contained predominantly government press statements and development news

in selected Zambian languages commonly used in the respective provinces.

All government-owned papers, i.e. the Times o Zambia and the Zambia Daily Mail,

promote government development programmes and policies. Proprietors o privately

owned newspapers are motivated by the desire to run a protable business and to

ll a news gap let by other publications rather than by partisan political leanings.

Being politically independent, they see themselves as contributing to the democratic

governance o the country by acting as watchdogs. The National Mirror(a publication

closed down in 2009), jointly owned by the Zambia Episcopal Conerence and the

Council o Churches in Zambia, ably played this role prior to the return o multi-partypolitics in 19901992 and The Postand a ew other privately owned newspapers have

since been challenging the policies and exposing the wrongdoings o government.

In September 2009, President Rupiah B. Banda announced in parliament that

his government was assessing the possibility o considering privatizing some o the

state owned media organisations to help with enhancing competition in the media

industry.22 Since the MMD came to power in 1991, various ministers o inormation

and broadcasting services have indicated the same desire, but over time they gradually

developed cold eet and retracted.The country has one national news agency, the Zambia News and Inormation

Services (ZANIS). It is government owned and alls directly under the control o the

ministry o inormation and broadcasting services.

There are more than 30 radio and seven television stations that include satellite, pay

subscription and national television stations. (See chapter 3.)

21 The Steadman Group, Audience Research Survey Zambia, April 2009, p. 8.22 Address by President R.B. Banda during the ceremonial opening o Parliament on 18 September 2009.


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1 0 PU BL IC BROADCASTING IN AFRICA: ZAMBIA

According to a 2009 survey,23 87 per cent o households in Zambia own one or

more radio sets (94 per cent in urban, 84 per cent in rural areas) and 45 per cent own

a television set (83 per cent urban / 24 per cent rural). Radio is the most important

medium in the country with 88 per cent o respondents listening every day orhaving listened over the last seven days. The corresponding gure or television is

58 per cent.

Until the beginning o 2010 the parastatal Zambia Telecommunications Company

Limited (ZAMTEL) was the only entity authorised to operate a public switched

telephone network and the only international gateway to the country. The government

sold 75 per cent o its shareholding in ZAMTEL to a Libyan company, Lap Green

Network, in July 2010 and slashed the licence ee or operating an international

gateway rom US$ 12 million to US$ 350 000. This made it possible or other service

providers such as Zain Zambia and MTN to enter the market and the ensuing

competition brought down the price o international calls considerably.

There are 93 000 xed-line subscribers. With only nine per 1 000 people having

xed-line telephone access, Zambia is one o the countries with the lowest teledensity

in Southern Arica.

The number o mobile phone users is much higher: a total o 2 688 882 people

(as o 30 June 2008) subscribe to one o the three mobile phone service providers.

According to the survey quoted above, 64 per cent o households own one or two

mobile phones (87 per cent in urban and 52 per cent in rural areas).Internet use in Zambia is still in its inancy. According to the Communications

Authority o Zambia, as o June 2008 there were 16 464 internet subscribers to 13

internet services providers (ISPs) and an additional 339 620 internet users patronising

internet cas.24 Most Zambians commonly and chiey use internet cas or sending

and receiving e-mails. There are new developments that have opened up connectivity

to the internet via mobile phones. Considering that there are more than two million

mobile phone users, this new technology is likely to surpass traditional personal

computer connectivity. For the time being though, it is probably sae to assume thatthe number o those opting or this kind o internet access will be airly low because

it is complicated, expensive and rather cumbersome because o the tiny text provision

and painully low loading speeds.

Broadband is supplied mainly through connections using very small aperture

terminals (VSAT) and is considered rather costly. While internet accessibility is largely

ound in the main business or commercial centres, broadband is really accessible only

23 The Steadman Group, op.cit.

24 Republic o Zambia. Ministry o Finance and National Planning, Fith National Development Plan, 20062010,December 2006, p. 71.


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COUNTRY FACTS 1 1

in Lusaka and in the industrial region o the Copperbelt. In June 2008 there was a total

o just 4 335 subscribers accessing the internet via broadband. The speed o connection

is rather slow and will remain so until a bre optic backbone is in place. It is hoped

that the part-privatisation o ZAMTEL in July 2010 (75 per cent o the shares were soldto a Libyan company, Lap Green Networks) will improve the utilitys perormance and

thus the provision o telephone and internet services.

5 Brie history o broadcasting

The earliest orm o broadcasting in Zambia can be traced back to 1941 when

Harry Franklin, director o the department o inormation in the British colonial

administration, began to dabble in limited broadcasting as a hobby. His eorts

resulted in a rudimentary radio station being set up in Lusaka, which broadcast or

one hour, three times a week to Aricans and once a week to Europeans. Broadcasting

times were later increased to a daily two and a hal hours.

In 1949, the colonial government began to transmit radio programmes in English

and (initially) our o the seven Zambian languages: Bemba, Nyanja, Lozi and Tonga.

(Services in the three remaining Zambian languages, Lunda, Luvale and Kaonde, were

added only in 1967.) 1950 saw the establishment o the Central Arican Broadcasting

Services (CABS), covering Northern Rhodesia and Nyasaland. The service was extendedto include Southern Rhodesia and renamed the Federal Broadcasting Corporation o

Rhodesia and Nyasaland in 1957. In January 1964 with the break-up o the Federation

the name changed to the Northern Rhodesia Broadcasting Corporation. Ater

independence in 1964 the broadcaster became the Zambia Broadcasting Corporation,

then the Zambia Broadcasting Services (rom 1966) and nally the Zambia National

Broadcasting Corporation (rom 1987).

The government o newly independent Zambia established two distinct radio

stations: Radio 1, known as the Home Service, or Zambian languages, and Radio 2 the English language General Service. Radio 3 was introduced shortly aterwards:

designated Radio Freedom this was an external service broadcasting on short-wave and

used or broadcasting by Zambian-based Arican reedom ghters rom neighbouring

countries then still under colonial rule. Radio 3 was eventually disbanded when these

countries became independent, but the original numbering remains to the present

day, with Radio 4 (ormerly named Radio Mulungushi), an entertainment channel

broadcasting in English, added in 1989.

Television was started in 1961 by a privately owned international company, the

London-Rhodesia Company (Lonrho). The station was bought and nationalised by


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the Zambian government in 1964 and became part o the Zambia Broadcasting

Corporation (ZBC), renamed the Zambia Broadcasting Service (ZBS) in 1966 and

transormed into the Zambia National Broadcasting Corporation (ZNBC) by an act o

parliament in 1987.The Movement or Multi-party Democracy (MMD) that came to power in October

1991 on a ree market platorm quickly liberalised and deregulated the airwaves by

enacting the ZNBC (Licensing) Regulations Act (1993), the Telecommunications Act

(1994) and the Radiocommunications Act (1994). As a result, in the mid 1990s three

privately owned radio stations went on air and another thirty private, community and

religious stations started operating over the next decade.

The MMDs experience o having been denied access to state-owned media such

as ZNBC radio and television, the Times o Zambia and the Zambia Daily Mailprior to

the October 1991 elections prompted the new inormation and broadcasting services

ministry (MIBS) to organise a national seminar on Media and Democracy in Zambia:

The Way Forward in October 1992. The seminar resulted in the appointment o a

media reorm committee (MRC), composed o representatives o both the state and

civil society. The committee was to review the state o the media in Zambia and

recommend to government ways o reorming the media to advance press reedom and

the democratic process that had been started with the return to multi-party politics.

The MRC made a number o ar-reaching recommendations. Freedom o the press

was to be specically provided or in the Constitution as a undamental right andreedom. Laws inhibiting reedom o the media should either be repealed or amended.

The ZNBC was to be placed under an independent public authority accountable to and

nanced by parliament and totally removed rom the control o government. Media

ethics and practice should be the subject o sel-regulation by journalists associations

and other media groups with no statutory powers. In addition the MRC recommended

privatisation o all government-owned print media and companies as well as the

liberalisation o the airwaves.

The government took note o the report and recommendations, but did not takeany discernible action. Years later, in 1999, the MIBS organised yet another meeting

o representatives rom media and legal institutions to review pieces o legislation that

impeded media reedom. This resulted in the setting up o a new task orce.

The task orce reafrmed the recommendations o the MRC and took them urther

by making a number o other, more specic proposals. The ZNBC, it said, should be

ully commercialised, i.e. was not to receive nancial support rom government other

than in exceptional circumstances; the ZNBC Act should be amended to provide or

the majority o board members to be nominees o civil society institutions; existing

media associations should work towards the creation o a voluntary and non-statutory


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COUNTRY FACTS 1 3

single media council with jurisdiction over proessional and ethical matters with a

single code o ethics; the Constitution should be amended to guarantee the reedom

o the press and other media in clear and unambiguous terms; an Independent

Broadcasting Authority (IBA) with the responsibility to regulate broadcasting servicesin Zambia should be established and a Freedom o Inormation Act be passed.25

As a result o the work o the MRC and the task orce and on the initiative o

parliamentarians, the Zambia National Broadcasting Corporation (Amendment) Act

and the Independent Broadcasting Authority Act were passed and signed into law by

the President in 2002. Eective implementation and enorcement o these two pieces

o legislation, however, has been delayed by disputes and lengthy legal wrangling over

the interpretation o the appointment procedure or board members o the ZNBC and

the IBA.

The Acts provided or the minister o the MIBS to appoint ad hoc appointment

committees tasked to select and nominate members or the boards o directors o

the ZNBC and the IBA. These processes took almost a year. By the end o 2003 the

committees had completed their work o shortlisting and interviewing candidates and

selecting nine persons each or the two boards o directors. As required by the Acts,

the names o nominees were then submitted to the inormation and broadcasting

services ministers or onward presentation to the National Assembly or ratication.

The minister, however, reused to pass on the names to parliament, arguing,

among others, that the list submitted to her according to the act merely containedrecommendations and was thus not binding.

The interpretation o whether the ad hoc appointment committees had the nal say

on the list o nominees or board membership or whether the minister had authority to

unilaterally veto and change names beore submitting them or ratication triggered

a series o court cases, starting in April 2004 beore the High Court o Zambia and

ending with a nal ruling by the Supreme Court in March 2007.

The High Court initially ound that the ministers decision to withhold the lists

o nominees submitted by the appointment committees because she disagreed withtheir choices was bad in law and thereore null and void. Governments appeal against

the verdict was granted in March 2007 when the Supreme Court ruled that the word

recommendation implied discretion on the part o the person to whom it is made to

either accept or reject such recommendation. The judge pointed out, though, that a

distinction was to be made between the powers o the minister over constituting the

boards and the operations o the boards. The minister was not bound to accept the

names recommended by the ad hoc appointment committees. But once the board

25 A Report o the Task Force on Media Law Reorm, January 2000.


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has been established, then it becomes independent and in its operation is beyond the

control o the minister or any other authority or person as provided or in section 6 o

the Independent Broadcasting Authority Act no. 17 o 2002.26

Ater the ruling, government promised to proceed with the constitution o theboards. In April 2010, however, an amendment to the ZNBC Act came into orce in

which the provisions on the appointments committee were deleted altogether. It is now

again up to the minister to nominate members o the ZNBC board. In regard to the

IBA, since the Supreme Court judgment no action has been taken and the Authority

is still not in place

26 SCZ Appeal no. 76/2005.


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2Media Legislation and Regulation

1 International, continental and regional standards

1.1 u na

The ollowing instruments o the UN are relevant to reedom o expression:

The United Nations Universal Declaration o Human Rights (adopted 1948)

The Universal Declaration is not a treaty that is ratied by states and thus legallybinding. However, scholars now regard it as either having itsel become international

customary law or as a reection o such law.27 In either case the inclusion o reedom

o expression in the declaration implies that even states that have ratied none o the

relevant treaties are bound to respect reedom o expression as a human right.

Article 19 o the Declaration deals with the right to reedom o expression:

Everyone has the right to reedom o opinion and expression; this right includes

reedom to hold opinions without intererence and to seek, receive and impartinormation and ideas through any media and regardless o rontiers.

International Covenant on Civil and Political Rights (enacted by the UN in 1976)

The International Covenant on Civil and Political Rights (ICCPR) is a treaty that

elaborates on many o the rights outlined in the Declaration. Zambia acceded to the

ICCPR on 10 April 1984. The Covenants article 19 declares:

27 See, or example, H. Hannum, The Status and Future o the Customary International Law o Human Rights:The Status o the Universal Declaration o Human Rights in National and International Law, Georgia Journal o

International and Comparative Law, 287; H. J. Steiner, P. Alston and R. Goodman, International Human Rights inContext: Law, Politics, Morals Texts and Materials, Oxord: Oxord University Press (third edition), 2007.


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1) Everyone shall have the right to hold opinions without intererence;

2) Everyone shall have the right to reedom o expression; this right shall include

reedom to seek, receive and impart inormation and ideas o all kinds,regardless o rontiers, either orally, in writing or in print, in the orm o art, or

through any other media o his choice.

The Windhoek Declaration on Promoting an Independent and Pluralistic Arican Press (adopted by

UNESCO in 1991)

The General Assembly o the UN Educational, Scientic and Cultural Organisations

(UNESCO) Windhoek Declaration, like other non-treaty documents, has moral

authority by representing a broad consensus o the international community on the

detailed interpretation o the Universal Declaration and other relevant standards as

they relate to the press in Arica.

Article 9 o the Windhoek Declaration states:

[We] declare that

1) Consistent with article 19 o the Universal Declaration o Human

Rights, the establishment, maintenance and ostering o an independent,

pluralistic and ree press is essential to the development and maintenance

o democracy in a nation, and or economic development.2) By an independent press, we mean a press independent rom governmental,

political or economic control or rom control o materials and inrastructure

essential or the production and dissemination o newspapers, magazines

and periodicals.

3) By a pluralistic press, we mean the end o monopolies o any kind and

the existence o the greatest possible number o newspapers, magazines

and periodicals reecting the widest possible range o opinion within the

community.

1.2 Aa u

Zambia is a member o the Arican Union (AU), whose Constitutive Act states that its

objectives include the promotion o democratic principles and institutions, popular

participation and good governance (Article 3[g]).

The most important human rights standard adopted by the AU, or its predecessor,

the Organisation o Arican Unity (OAU), is:


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MEDIA LEGISLATION AND REGULATION 1 7

The Arican Charter on Human and Peoples Rights (adopted 27 June 1981)28

Zambia acceded to the Charter in 1984 and is thus bound by its provisions. The

Charters article 9 on reedom o expression states:

Every individual shall have the right to receive inormation.

Every individual shall have the right to express and disseminate his opinions

within the law.

The Arican Commission on Human and Peoples Rights (ACHPR) is the body

established under the Charter to monitor and promote compliance with its terms.

Declaration o Principles on Freedom o Expression in Arica

In 2002, the Arican Commission adopted this Declaration to provide a detailed

interpretation or member states o the AU o the rights to reedom o expression

outlined in the Arican Charter, stating in its article I:

Freedom o expression and inormation, including the right to seek, receive and impart

inormation and ideas, either orally, in writing or in print, in the orm o art, or through

any other orm o communication, including across rontiers, is a undamental and

inalienable human right and an indispensable component o democracy.

Everyone shall have an equal opportunity to exercise the right to reedom o

expression and to access inormation without discrimination.

It goes on to say in article II:

No one shall be subject to arbitrary intererence with his or her reedom o

expression; and

Any restrictions on reedom o expression shall be provided by law, serve alegitimate interest and be necessary in a democratic society.

The Declaration details how such reedom o expression should be realised. O particular

relevance to this study is the statement regarding public broadcasting (article VI):

State and government controlled broadcasters should be transormed into public

service broadcasters, accountable to the public through the legislature rather than

28 Organisation o Arican Unity, The Ar ican Charter on Human and Peoples Rights, adopted 27 June 1981, Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered into orce 21 October 1986.


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the government, in accordance with the ollowing principles:

public broadcasters should be governed by a board which is protected against

intererence, particularly o a political or economic nature;

the editorial independence o public service broadcasters should be guaranteed;

public broadcasters should be adequately unded in a manner that protects

them rom arbitrary intererence with their budgets;

public broadcasters should strive to ensure that their transmission system

covers the whole territory o the country; and

the public service ambit o public broadcasters should be clearly defned and

include an obligation to ensure that the public receive adequate, politically

balanced inormation, particularly during election periods.

The document also states that reedom o expression places an obligation on the

authorities to take positive measures to promote diversity (article II), that community

and private broadcasting should be encouraged (article V) and that broadcasting and

telecommunications regulatory authorities should be independent and adequately

protected against intererence, particularly o a political or economic nature (article

VII). The Declaration urthermore provides or reedom o access to inormation and

states that the right to inormation shall be guaranteed by law (article IV).

Arican Charter on Democracy, Elections and Governance (2007)This Charter highlights the importance o access to inormation in a democracy. It

states:

[State parties shall] [p]romote the establishment o the necessary conditions to

oster citizen participation, transparency, access to inormation, reedom o the

press and accountability in the management o public aairs. (Article 2[10])

State parties shall ... ensure air and equitable access by contesting parties to statecontrolled media during elections. (Article 17[3])29

Records at the ministry o justice show that Zambia has yet to accede to this

Charter.30

29 http://www.arica-union.org/root/au/Documents/Treaties/text/Charter%20on%20Democracy.pd.

30 Interview with Mrs Gaudentia M. Salasini, director, International Law and Agreements, ministry o justice, on 7September 2010.


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1.3 s Aa dpm cmm (sAdc)

Zambia is a member o the Southern Arican Development Community (SADC). The

treaty establishing SADC provides that member states shall operate in accordancewith principles that include respect or human rights, democracy, and the rule o law

(Article 4[c]). In addition, the regional structure has adopted several protocols related

to media and/or communications.

SADC Protocol on Culture, Inormation and Sport (adopted in 2000)

Although the president has signed this Protocol, Zambia has not yet ratied it. The

Protocol ocuses on harmonising policies on culture, inormation and sport among

SADC member states. Article 17 outlines the ollowing key objectives, amongst

others:

Co-operation and collaboration in the promotion, establishment and growth o

independent media, as well as ree ow o inormation;

Development and promotion o local culture by increasing local content in the

media;

Taking positive measures to narrow the inormation gap between the rural and

urban areas by increasing the coverage o the mass media;

Encouragement o the use o indigenous languages in the mass media as

vehicles o promoting local, national and regional inter-communication;

Ensuring the media are adequately sensitised on gender issues so as to

promote gender equality and equity in inormation dissemination.

Article 18 ocuses on inormation policies, including committing member states to

create [a] political and economic environment conducive to the growth o pluralistic

media.

Article 20 enjoins member states to take necessary measures to ensure thereedom and independence o the media, with independence o the media being

dened as editorial independence, whereby editorial policy and decisions are made by

the media without intererence.

SADC Declaration on Inormation and Communication Technology (2001)

This Declaration ocuses on telecommunications structures and promotes the creation

o a three-tier system in each country with:

Government responsible or a conducive national policy ramework, independent


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regulators responsible or licensing, and a multiplicity o providers in a competitive

environment responsible or providing services. (Article 2[a][i])31

Although the Declaration does not have the same legal orce as a protocol, all countriesthat are party to it (including Zambia) have made a commitment in adopting it to abide

by its provisions.

1.4 o m

Arican Charter on Broadcasting (2001)

This Charter was adopted by media practitioners and international media and

other human rights organisations at a UNESCO conerence to celebrate ten years

o the Windhoek Declaration. Although it has not been endorsed by any inter-state

structures, it represents a consensus o leading Arican and other international

experts on reedom o expression and media.

The Charter species, amongst other things, that there should be a three-tier

system o broadcasting (public, private and community), demands that [a]ll state

and government controlled broadcasters should be transormed into public service

broadcasters, and states that regulatory rameworks should be based on respect or

reedom o expression, diversity and the ree ow o inormation and ideas.

2 The Constitution o Zambia

Since attaining political independence in 1964 Zambia has had our constitutions.

None o these, however, has proved satisactory and appropriate or responsive to

the growing challenges o a democratic Zambia. Most Zambians would like to

have a constitution that provides, among others, or a comprehensive bill o rights,

members o parliament that are accountable to the electorate, gender equality, a trulyindependent electoral commission, media reedom, reduced executive powers o the

president and an improved system o governance.

On 23 June 2010, the National Constitutional Conerence (NCC) launched a 300-page

Drat Constitution o the Republic o Zambia. The public was given 40 days in which to

study the drat and submit their comments and views to the NCC or consideration and

possible incorporation in a revised Drat Constitution that would nally be tabled beore

parliament or enactment. The NCC, however, did not release its summary report and

recommendation documents, which would have provided stakeholders with context and

background regarding the provisions in the Drat Constitution.

31 http://www.sadc.int/key_documents/declarations/ict.php/.


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The current Zambian Constitution provides or the protection o reedom o

expression in Article 20(1):

Except with his own consent, a person shall not be hindered in the enjoyment o hisreedom o expression, that is to say, reedom to hold opinions without intererence,

reedom to receive ideas and inormation without intererence, reedom to impart

and communicate ideas and inormation without intererence, whether the

communication be to the public generally or to any person or class o persons, and

reedom rom intererence with his correspondence.

Article 58(1) o the drat contains this denition o reedom o expression:

Every person has the right to reedom o expression which includes

(a) reedom to hold an opinion; and

(b) reedom to receive or impart inormation or ideas.

Signicantly, the repeated reerence in the current constitution that these reedoms

are to be enjoyed without intererence has been dropped.

Clause 2 o article 58 o the Drat Constitution introduces general limitations:

Clause (1) does not extend to (a) propaganda o war;

(b) incitement to violence; or

(c) advocacy o hatred that

(i) vilifes and disparages others or incites harm; or

(ii) is based on any prohibited ground o discrimination specifed in this

Constitution.

Such prohibited grounds o discrimination are specied in article 48(1):

... race, tribe, sex, pregnancy, origin, colour, age, disability, religion, conscience,

belie, political opinion, culture, language, birth or health, marital, ethnic, social or

economic status.

It is interesting to note that article 58(2) o the drat is similar to article 16(1) o the

South Arican constitution with some important dierences. The South Arican

Constitution speaks o incitement to imminent violence while the Zambian drat

reers to violence in general; such a broad denition could be open to abuse. In regard


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to article 58(2)(c)(ii) the South Arican Constitution also adds a urther important

restriction to the clause by saying and that constitutes incitement to cause harm.

Thus, again, the Zambian drat casts the net or possible limitations much wider.

Article 58(3) o the drat contains the same specic limitations to reedom oexpression as the current constitution (and lists them in a new order):

Nothing contained in or done under the authority o any law shall be held to be

inconsistent with, or in contravention o, this Article to the extent that it is shown

that the law in question makes provision that is reasonably required or the purpose

o:

a) the interests o deence, public saety, public order, public morality or

public health;

b) protecting the reputation, rights and reedoms o other persons or the

private lives o persons concerned in legal proceedings;

c) preventing the disclosure o inormation received in confdence;

d) maintaining the authority and independence o the courts;

e) regulating educational institutions in the interests o persons receiving

instructions therein; or

) the registration o, or regulating the technical administration or the

technical operations o, newspapers and other publications, telephony,

telegraphy, posts, wireless broadcasting or television;and except so ar as that provision or, the thing done under the authority thereo, as

the case may be, is shown not to be reasonably justifable in a democratic society.

This list o possible exceptions allows or the limitation o the right to reedom o

expression or a wide range o reasons, some o them only vaguely specied. There

is no denition, or example, o what constitutes public saety, public order, public

morality or public health.

The act that the registration and the technical administration or operation onewspapers and other publications is expressly mentioned in clause () should also be

noted. I this is merely meant to allow or registration o newspapers with the director

o the National Archives, as is the case currently under the Printed Publications Act,

1947, this provision would be no reason or concern. However, such a clause could open

up an avenue or the compulsory registration (and, by implication, de-registration) o

print media (or even internet on-line publications) and thus allow or the banning o

publications.


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In contentious cases the burden o proo o whether a limitation is indeed justied

is not on those who impose it. Instead, it is up to those who oppose it to show that it

is not.

In its article 59 the drat introduces a new provision on access to inormation:

(1) Every person has the right to demand the correction or deletion o untrue or

misleading inormation aecting that person.

(2) The State has the obligation to publicise any important inormation aecting

the welare o the nation.

(3) Parliament shall enact legislation to provide or access to inormation.

The rst two sub-clauses reveal a airly limited understanding o the concept o access

to inormation. The wording o clause (2) leaves wide room or interpretation and

thus the possible withholding o inormation. In the absence o a clear provision that

everyone has the right o access to any inormation held by the state, it will be up to the

state to decide what is important and what aects the welare o the nation.

Media reedom is provided or in article 60 o the drat constitution which states:

(1) There shall be reedom o the press and other media.

(2) A journalist shall not be compelled to disclose a source o inormation, except

as may be determined by a court.

The limitations to this reedom as listed in clause (3) o this article are similar to those

in article 58(3).

Clause (2) is o great concern because it introduces an exceptional derogation

o rights when it comes to journalists not being compelled to disclose a source o

inormation. Given that limitations to the reedom o the media are dealt with in

clause (3) o article 60 there is no need or such a special limitation. The ideal situation

would have been to leave out the words except as may be determined by a court.In its clause (4), article 60 o the drat deals in detail with the regulation o media:

Broadcasting and other electronic media are subject only to air licensing procedures

that are

(a) administered by a body that is independent o control by the Government,

political interests or commercial interests; and

(b) designed to ensure

(i) the reasonable allocation o broadcast requencies; and

(ii) adherence to codes o good practice.


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While the general intention o this clause is commendable, the provision subjects not

just broadcasting but also other electronic media to licensing procedures which

could mean that internet websites, or example, might be orced to undergo a licensing

process. In addition, the clause introduces statutory regulation o broadcasting inregard to codes o good practice. The proposed clause would substantially overcome

these problems i it was amended by deleting the reerence to other electronic media

and by deleting section (b)(ii).

Clause (5) opens the way or statutory licensing o any media including print and

online media:

The registration or licensing o any media shall not unreasonably be withheld,

withdrawn or reused.

Clause (6) enjoins parliament to enact legislation to:

(a) establish an independent authority to regulate broadcasting in the public

interest;

(b) ensure airness and diversity o views broadly representing Zambian society;

(c) speciy the role o the Government in securing and protecting the public

interest in broadcasting.

Overall, the political dispensation o a multi-party democracy since 1991 has extended

the scope or reedom o expression.

In some respects, Zambians do eel ree to speak their minds without legal

considerations. However, the avenues o public expression, especially in print and

television, are relatively narrow and in most cases people only interact with the

mainstream media i they are newsmakers. Ordinary peoples views are generally

not considered news in Zambia and people become accustomed to news being what

the president says. People want to express themselves, but many do not want to beidentied, especially when it comes to sensitive matters or ear o victimisation. This

is especially true o the countrys radio stations which have phone-in programmes:

although government has voiced its objection to these programmes, even threatening

to close down certain radio stations, people continue to make use o them, although

usually without identiying themselves. Some radio stations, especially those based

in Lusaka, have moved away rom phone-in programmes as a result o government

intimidation.32

32 Zambia 2009 Arican Media Barometer, Friedrich Ebert Stitung and Media Institute o Southern Arica, Namibia,2009, p. 16.


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The print media are publishing letters to the editor, eatures or satirical articles that

are very critical o government policies and decisions or o the political leadership in

general. Radio stations broadcast live discussion programmes on topical or controversial

issues that have generated heated debate and contributions rom listeners.On the other hand, there have been numerous incidents where media practitioners

were subjected to harassment, threats, beatings, censorship, and detention by the police

or overzealous political party cadres. Media practitioners have also been deliberately

barred rom covering certain events. Such ill-treatment has been experienced by

media practitioners rom both public and private media houses, although the majority

o cases involve the latter. The Media Institute o Southern Arica (MISA) Zambian

Chapter (MISA-Zambia) has systematically documented every incident o harassment

in its annual reports. Between 1998 and 2009 at least 20 media practitioners were

beaten, 48 censored, 42 detained, 62 threatened, two arrested and charged, three

banned rom covering events, three imprisoned, and our either attacked or bombed in

the course o trying to access inormation or the public or or publishing inormation

that the police and the government would have liked to have kept rom becoming

public knowledge.

3 General media laws and regulations

3.1 law a a a

Printed Publications Act, 1947

No person is allowed to print or publish or cause to be printed or published any

newspaper until it has been registered with the director o the National Archives. The

registration involves providing ull details o the proprietor, editor, printer or publisher

and the physical address o the premises where the newspaper is to be published.

There is a levy to be paid or the original registration and any changes in the detailsthereater. Failure to register a newspaper is a punishable oence. Furthermore, the

Act stipulates that a copy o every newspaper or printed book should be deposited with

the director o the National Archives.

Press card

While a newspaper needs to be registered beore publication starts, there is currently

no requirement or media practitioners to be registered anywhere, except when

obtaining a press card rom the Zambia News and Inormation Services (ZANIS).

The card is valid or a year only and needs to be re-applied or regularly. According to


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a ZANIS ofcial there have been instances when people posed as journalists to gain

access. The card was merely supposed to show that one is a bona de journalist and

thereore authorised to practise. It thus helped when screening or security purposes,

particularly during certain state unctions, where security is a actor. The permanentsecretary in the ministry o inormation and broadcasting services says ZANIS has no

reason or abuse or reusal unless the applicant cheats.33 Newsmakers and various

institutions insist on journalists identiying themselves as such. So ar, no one has

been denied a press card.

3.2 s-a

Since Zambia attained political independence, the government has on several

occasions, both under the one-party and the re-introduced multi-party dispensation,

tried to impose statutory regulations on the media. All these eorts have ailed

because o protest marches and well coordinated campaigns by media associations in

the country and court rulings in avour o the media.

In November 2002, various media associations established the voluntary Media

Council o Zambia (MECOZ) as a sel-regulatory body to unction outside any external

or government pressure or parliamentary legislation. The preamble o MECOZs

constitution sets out the desire o the media to be accountable to the public or our

reports and states that the public should be encouraged to voice any grievancesagainst the media. The preamble urther underlines the media raternitys belie that

open dialogue with our readers, viewers and listeners should be actively encouraged.

Members o MECOZ were individual journalists, almost all media houses and

organisations such as the Press Association o Zambia (PAZA), the Media Institute

o Southern Arica (MISA-Zambia), the Zambia Union o Journalists (ZUJ) and the

Zambia Media Womens Association (ZAMWA). MISA-Zambia represented privately

owned media houses and media practitioners working or private media as well as

reelancers, while the other organisations are made up mainly o state-owned mediaand media practitioners working or them. By joining MECOZ, members recognised

its jurisdiction.

The biggest privately owned daily, The Post, however, reused to join. This split in

the media raternity served to reduce the MECOZs inuence and the compliance o

all journalists with its code o ethics. Government took the split as its cue to argue

that because MECOZ was not representative o the media it would not recognise the

council.

33 Interview with Mr Gilbert Maimbo, director, ZANIS, on 26 February 2009.


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In August 2009 the debate over sel-regulation as against statutory regulation ared

up once again when Vice-President George Kunda challenged media bodies to come

up with a drat bill or sel-regulation within six months, ailing which government

would introduce one in parliament.34

Media lobby groups categorically stated that theywould not be intimidated into drawing up such a bill.

Ater considerable debate and an extensive campaign that involved civil society

organisations, opinion leaders, members o parliament and in certain instances

oreign media and legal experts backing the case o local media practitioners or

sel-regulation, the minister o inormation and broadcasting services as the chie

government spokesperson agreed in January 2010 to allow media bodies more time to

ormulate a sel-regulatory ramework.35

The media raternity then held a series o meetings that culminated in the

Fringilla Consensus (named ater the arm lodge where it was ormulated) in which

all local media bodies and organisations agreed to establish an all inclusive Zambia

Media Council (ZAMEC). The signicance o the Fringilla Consensus was that all

stakeholders, including The Postnewspaper, subscribed to the ideals expressed in it

and appended their signatures to it.

The Consensus states:

We, the representatives o various media organisations and media houses, meeting

at Fringilla Farm Lodge in Chisamba rom 3rd to 5th February 2010, do herebydeclare that ater exhaustive consultations and debate, we agree on the development

o a non-statutory, sel-regulatory ramework, leading to the establishment o an all-

inclusive Zambia Media Council (ZAMEC) by 3rd May 2010.

We, now, thereore: Freely accept the Fringilla Consensus and all the urther steps

to be undertaken beore the launch o the proposed ZAMEC. Furthermore, the

ZAMEC will be constituted as a voluntary, sel-regulatory mechanism to provide

impartial, expeditious and cost-eective arbitration to settle complaints against themedia and other proessional matters.36

The launch, however, had not taken place at the time o writing because the government

insisted on its demand or a statutory media regulatory ramework, while the media

associations remained adamant in their preerence or sel-regulation o the media.

34 Times o Zambia, 7 August 2009.

35 The Post, 9 January 2010.36 Sunday Post, 7 February 2010.


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4 Other laws that impact on media and reedom o expression

4.1 t Pa c

The Penal Code contains a number o sections that impact on the media and reedom

o expression. Its provisions are essentially an anachronism rom the pre-independence

era when the colonial government sought to saeguard its interests and perpetuate its

control and oppression o the indigenous Zambian people by ensuring limited access

to revolutionary publications or publications that were critical o the authorities.

Sections 53, 54 and 55 empower the president to declare a publication or a series o

publications to be prohibited i he considers them to be contrary to the public interest.

These provisions were invoked in February 1995 when Frederick Chiluba banned

edition no. 401 oThe Postnewspaper. In addition the newspapers managing director,

managing editor and special projects editor were detained or 48 hours.37

Section 57(1) prohibits sedition. This includes oences such as uttering any seditious

words; printing, publishing, selling, oering or sale, distributing or reproducing any

seditious publication; or importing any seditious publication, unless a person has no

reason to believe that the publication is seditious.

Section 60(1) denes a seditious intention, among others, as

to bring into hatred or contempt or to excite disaection against the government; to raise discontent or disaection among the people o Zambia; to promote eelings

o ill-will or hostility between dierent parts o the community; to promote eelings

o ill-will or hostility between dierent classes o the population in Zambia

Law and journalism lecturers Chanda and Liswaniso38 argue that these sections

seriously inhibit press reedom and reedom o speech generally:

Many o the activities prohibited by section 60(1) are normal in a democracy. Forexample, it is incumbent on opposition parties to create disaection against the

government by exposing the governments blunders and shortcomings so that they

can be elected at the next elections.

Section 69 provides or the protection o the presidents reputation and the dignity

o his ofce by ensuring that any person who, with intent to bring the President into

37 C.H. Chirwa, Press Freedom in Zambia, A Review o Five Years o MMD, MISA-Zambia, 1997, p. 30.38 A. Chanda and M. Liswaniso, Handbook o Media Laws in Zambia, MISA-Zambia, 1999, p. 97.


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hatred, ridicule or contempt, publishes any deamatory or insulting matter, whether

by writing, print, word o mouth or in any other manner, is guilty o an oence. The

section does not dene what is deemed deamatory or insulting. A person guilty o any

o these oences is liable on conviction to imprisonment or up to three years.This section is cause or concern because in the course o vigorous electoral

campaigns in a multi-party environment and in pursuit o let the best candidate win,

there will necessarily also be criticism o an incumbent president. And what might

easily be deemed deamatory or insulting by that person or his/her supporters would

seem to be perectly justied and necessary to others, or in the public interest and in

line with the right o the public to know the truth about any candidate.

On 27 September 2008, then acting President Rupiah Banda won an injunction

in a Lusaka High Court restraining The Postand any o its agents rom publishing

deamatory language against him. At the time o writing the court case had not been

concluded.

There have been many incidents when overzealous policemen harassed journalists

over a perceived oence o insulting the head o state. For example, police arrested

and charged The Posteditor-in-chie, Fred Mmembe, on 11 February 2002 in relation

with a story published the previous month in which

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