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Zambian media associations reject calls for statutory regulation for the press

On 24 November 2008, the Media Institute of Southern Africa (MISA) Zambia, Press Association of Zambia (PAZA), Media Council of Zambia (MECOZ), Zambia Union of Journalists (ZUJ), Zambia Media Women Association (ZAMWA) and The Press Freedom Committee (PFC) of The Post Newspaper expressed strong concern over calls by some opposition members of parliament to regulate the media through a statutory body.

In a Press Statement signed by the six media organisations and read by the MISA Zambia Chairperson Henry Kabwe, the media associations condemned the calls for such regulation because media freedom and the public’s right to know were the cornerstones of any vibrant democracy and could therefore not be regulated through a statutory body. He said that such regulation would stifle freedom of the media, an important platform on which the Zambian people expressed themselves.

Kabwe said the thinking by the MPs is an indication that Zambian democracy was in danger and added that it was regrettable that some Parliamentarians have chosen to condition the enactment of the Freedom of Information Bill to statutory regulation.

"They have unreasonably continued to state that for the FOI bill to be enacted, there must first be statutory regulation. This is unfortunate because the FOI Bill is meant to benefit the Zambian people while the media is just but a few of the beneficiaries to the FOI Bill which is still pending. We have explained many times that the two must not be confused in the manner the Honourable MPs are doing." He said.

He urged the government and progressive Members of Parliament (MPs) to rescind their calls because they were being made in an emotional manner and subjectively. Kabwe said the calls were made on a report in which the Chairperson for the Parliamentary Committee on Information and Broadcasting, Honourable Robby Chizyuka presented and that had nothing to do with media regulation.

"We would like to remind the government and those MPs calling for such regulation to note that there are available laws in the Electoral Act of 2006 that govern the media conduct during elections. For example, the Electoral Code of Conduct of 2006 under Chapter 12 sections 4 and 5 provide a channel for addressing issues of unfair treatment or coverage by the media during the course of election campaign. It provides for correction and retraction of published information in cases were misrepresentations were made. It also empowers the parties and indeed all the players during an election to lodge in their complaints in writing to the Electoral Commission of Zambia (ECZ) to request an erring media organisation to take necessary steps to correct the misrepresentation." He said.

Kabwe added that the Zambian media is still guided by archaic colonial laws which are still embedded in the Penal Code. The Penal Code of the 1930s which codifies the Zambian criminal laws under section 53 empowers the President to for example, ban publications in his ‘absolute discretion’ that he feels are contrary to public interest. Kabwe added that if all these laws were unleashed, the media could be rendered useless parrots.

" We urge the government and the Parliamentarians to rescind their decision to support statutory regulation and allow the media to regulate itself through the Media Council of Zambia (MECOZ) so that our country can continue to be the beacon of true democracy, where divergent views are tolerated and respected as a universal right as enshrined in Article 19 of the Universal Declaration of Human Rights which protects freedom of expression and the right to hold an opinion. We must not allow our emotions to wash down our democracy because of minor differences or mistakes in the media that could be ironed through dialogue and established channels for lodging complaints on conduct of the media." Kabwe said.

He further called on the Government and the members of parliament to seek ways to implement the Independent Broadcasting Authority (IBA) and the Zambia National Broadcasting Corporation (ZNBC) Acts of 2002.

Rashweat Mukundu
Programme Specialist: Media Freedom Monitoring
MISA Regional Secretariat
21 Johann Albrecht Street
Private Bag 13386
Windhoek, Namibia
Tel: + 264 61 232 975
Fax:+264 61 248016
Mobile: 00 264 813 675 362
E mail rashweat@misa.org, misaalerts@gmail.com

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