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Zambia’s media freedom: Progress amid new threats

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For democracy to flourish, a robust policy environment is essential to liberate the media from excessive control and manipulation.

Since the return to multiparty democracy and economic liberalism 33 years ago, Zambia has made notable progress in media freedom, despite some lingering challenges.

Media pluralism, driven by critical reforms, has increased access to various media platforms.

However, gaining access to public media remains an uphill battle for those holding views contrary to the ruling class.

The rise of digital and social media platforms has also added a unique and revolutionary impetus to media freedoms, providing a space for diverse voices that traditional media often failed to offer.

The enactment of the Access to Information (ATI) law is a promising development, ensuring media freedoms through unhindered access to critical public information.

According to MISA Zambia, the ATI law marks “a historic milestone for media freedom and transparency in Zambia after two decades of relentless advocacy and discussion.

“MISA Zambia commended this significant achievement, noting that it reflects “a positive step towards fostering an open and informed society and a transparent government.”

However, concerns are emerging with the introduction of laws such as the Cyber Security and Cyber Crimes Act of 2021 and the proposed amendments to the Independent Broadcasting Authority (IBA) Act, which includes fees for online broadcasting.

These developments cast a dark cloud over the progress made in creating space for media freedom in the country.

President Hakainde Hichilema recently announced that his Cabinet has proposed amending laws to stiffen punishment for those promoting hate speech in the country.

The proposed amendments will be taken to parliament, and the President urged lawmakers “to do the right thing to deter people from promoting discrimination against any grouping.”

Stakeholders, however, feel that hate speech laws are mainly used to clamp down on dissent, making them an affront to media freedom and freedom of expression.

On the other hand, the cybercrime law provides rules of conduct and standards for the use of the Internet, computers, and related digital technologies by the public, government, and private organizations.

It also covers rules of evidence, criminal procedure, and other criminal justice matters in cyberspace.

Critics argue that the law is used by the ruling class to suppress critical voices in the online space.

The Zambian government’s recent announcement that it will require licensing of online media has raised concerns among rights activists, who see it as an infringement on freedom of expression and speech.

Recently, the government revealed plans to revise the IBA Act to regulate online broadcasting and podcasts.

Although the government insists that licensing online media is only meant to protect citizens and victims of cybercrimes, activists warn that such a move would infringe on the right to freedom of expression.

Chief Government Spokesperson, Cornelius Mweetwa, stated that the proposed law would “help fight cybercrime, coordinate cybersecurity matters, develop relevant skills and help promote the responsible use of social media platforms.”

He added that: “The government does not intend to introduce any legislation intended to stifle citizens’ enjoyment of their freedoms of expression and speech on social media.”

However, Richard Mulonga, Chief Executive Officer of Bloggers of Zambia, argued that regulating online media “should be avoided in all cases as it does not align with democratic values.”

He emphasized that: “In as much as we recognise the need for enhanced internet legislation to make the online spaces safe and secure for all, there’s a need for these laws and policies to be democratic.

They must be specific, and they must enhance online rights and freedoms rather than silence citizens’ activities on the internet.”

Molina also noted that the term “abuse of social media” has been weaponized to justify the creation of new “laws that can be used to target citizens on the internet.”

DW TV quoted Modern Muyembe, Media Development Director at the Ministry of Information and Media, as saying that the amended law would require online broadcasting companies to acquire an operating license costing more than US$1,000 annually to operate online.

This, will undoubtedly affect media freedom, as few will afford this amount.

In summary, Zambia’s media freedom is a “mixed bag” where there is room for improvement, but also a risk of regressing if restrictive laws, such as the proposed IBA Act, are enacted.

This story is sponsored content from Zambia Monitor’s Project Aliyense.

Metro

Nigerian activist remanded in prison for threatening President’s son

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A Nigerian court has ordered a female activist, Olamide Thomas, to be remanded in prison custody for allegedly issuing a death threat to President Bola Tinubu’s son, Seyi Tinubu.

The Federal High Court sitting in Abuja on Friday delivered the ruling after Olamide was arraigned by the office of the Inspector-General of Police, Kayode Egbetokun, before Justice Emeka Nwite on a three-count charge.

The police team of lawyers led by A.A. Egwu told the court that Olamide was arrested on allegations bordering on harassing and threatening Seyi Tinubu, IGP Egbetokun and the country’s Police force spokesman, ACP Muyiwa Adejobi, in a viral social media post back in October.

The police prosecutors told Justice Nwite that the activist had made a live video posted on Facebook in October, where she allegedly made threatening remarks cursing the President’s son, Egbetokun ahd Adejobi.

According to the police, she had live-streamed the video on the fourth year anniversary of the Lekki toll-gate massacre of Nigerian youths during the #EndSARS protest of 2020 where she said she and other protesters were brutalised by police officers during the memorial procession.

In the video, Thomas had reportedly accused police officers of harassment, claiming that they had been bullying and threatening her. She was also said to have rained curses on Tinubu and his family, Egbetokun and Adejobi, expressing deep grievances, invoking divine powers and issuing severe condemnations and predicting tragedy against them.

The police added that in the video, she stated that Seyi Tinubu would die this year, and misfortune and calamity would befall the Tinubu family, with intent to bully, threaten, harass the person of Mr Seyi Tinubu.

Reading out the charges, the police said that in count one, Olamide was alleged to have, “knowingly and intentionally transmitted communication in the form of video recording through computer system or network on her social media platforms wherein she made remarks in Yoruba Language.”

“In the video, she stated that Mr Seyi Tinubu would die this year, and misfortune and calamity had befallen the Tinubu family, with intent to bully, threaten, harass the person of Mr Seyi Tinubu.

“The communication placed Seyi in fear of death, violence or bodily harm. The offence is contrary to and punishable under Section 24 (2) (a) of Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.

“In count two, the defendant intentionally transmitted communication in the form of video recording wherein she made remarks in Yoruba Language to bully, threaten, harass the person of Mr Egbetokun.

“The communication placed Egbetokun in fear of death violence or bodily harm. The offence is contrary to and punishable under Section 24 (2) (a) of Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.

“In count three, Olamide intentionally transmitted or cause the transmission of communication in the form of video recording wherein she made remarks in Yoruba Language, stating that the children of Adejobi would all die before his eyes.

“She was quoted to have also said that he (Adejobi) will bury all his children in a single day, with intent to bully, threaten, harass the person of Mr. Muyiwa Adejobi. The communication placed Adejobi in fear of death of his loved ones.”

After the counts were read to the defendant, she pleaded not guilty to the charge while her defence lawyer, T J. Aondo, SAN, sought to move an oral application on his client’s behalf but the request was turned down.

Justice Nwite therefore directed Aondo to file a formal bail application and adjourned the matter until December 30 for commencement of trial.

He consequently ordered the activist to be remanded in Suleja Correctional Centre pending the hearing of her bail application.

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Metro

Zambian law association kicks over suspension of two members

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The Law Association of Zambia (LAZ) has kicked against the suspension of two of its council members, Arnold Kaluba, the LAZ Honorary Secretary and Junior Lawyers Committee Chair, along with Mulenga Sholomo, the House and Welfare Committee Chair.

The suspended lawyers have already approached the Lusaka High Court to seek a judicial review of their suspensions during the festive season.

In their filings, the two claim their suspension and referral to the Legal Practitioners Committee (LPC) for disciplinary action were illegal and procedurally flawed.

They further argued that the decision which was made without a fair hearing, has damaged their reputations as legal practitioners and threatens their livelihoods.

Zambia Monitor reports that the dispute that led to the suspension of the lawyers stemmed from a letter the duo sent to the LPC on behalf of 399 newly qualified lawyers, scheduled to be called to the Bar in December 2024.

These lawyers had repeatedly raised concerns about paying the full 2024 subscription fees, given they would only be practicing for a few weeks that year but in its response, the LPC offered a compromise which was a reduced fee of K3,025, half the usual K6,050 annual fee.

Dissatisfied with the lack of a council position on the matter, Kaluba and Sholomo independently appealed to the LPC, urging them to reconsider the fees and establish a clearer policy for future cases.

Their actions reportedly angered LAZ president Lungisani Zulu, who accused them of undermining the council and acting without authority which led to their suspension.

Following their letter, Zulu allegedly demanded their removal from the council’s WhatsApp group and issued an ultimatum to resign or face disciplinary action but when they refused to step down, letters of suspension were issued to them.

“The applicants claim this move violated the rules of natural justice, as they were not given an opportunity to defend themselves. Their repeated requests for a council meeting to discuss the matter were also ignored,” the medium reported.

“Kaluba and Sholomo are now asking the court to overturn their suspension and restore them to their positions. Among their demands are a declaration that their suspension was illegal and irrational, an order to reinstate them as council members, and an expedited judicial review of the decision.

“They also want the court to rule that LAZ failed to hear their side of the story, a move they argue was contrary to principles of fairness and transparency.

“The applicants maintain that their actions were driven by the welfare of LAZ members, particularly the newly qualified lawyers struggling to meet the financial demands of the profession.”

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