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Download - Media Institute of Southern Africa

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State <strong>of</strong> the media in <strong>Southern</strong> <strong>Africa</strong> 2002<br />

Prison. They have pleaded not guilty to the charge and the trial has been set for<br />

July 9, 2002. Furthermore, according to reports Chilekwa, Banda, Lweendo<br />

and Chirwa had also suffered physical assault and verbal abuse during the interrogation<br />

sessions which preceded their arrest.<br />

MISA is strongly opposed to the use <strong>of</strong> criminal defamation legislation and<br />

urges your government to scrap this oppressing legislation from the statute books.<br />

Currently the <strong>Media</strong> Legal Reform Committee, <strong>of</strong> which the Zambia Independent<br />

<strong>Media</strong> Association (the Zambia chapter <strong>of</strong> the <strong>Media</strong> <strong>Institute</strong> <strong>of</strong> <strong>Southern</strong><br />

<strong>Africa</strong>) is a partner, regards it as a priority to advocate for the repeal <strong>of</strong> the<br />

criminal libel law (section 69 <strong>of</strong> the Penal Code).<br />

MISA holds the opinion that defamation should be dealt with as a civil matter<br />

and that those who feel that they have been aggrieved should resort to civil<br />

courts where the accusations may be substantiated or otherwise, rather than<br />

order the police to arrest journalists and in so doing criminalise their work.<br />

Criminalising free expression has been the cause <strong>of</strong> severe punishments administered<br />

by a number <strong>of</strong> southern <strong>Africa</strong>n governments. This has the serious effect<br />

<strong>of</strong> intimidating people who may genuinely have information <strong>of</strong> public concern<br />

regarding the activities <strong>of</strong> those in the leadership.<br />

We, therefore, call upon you, Mr President, to ask the Director <strong>of</strong> Public Prosecution<br />

to drop the charges against the journalists as you did in the case <strong>of</strong> Fred<br />

M’membe in February this year when the “Post” newspaper’s editor was charged<br />

under the same piece <strong>of</strong> legislation. MISA believes that journalists should carry<br />

out their duties <strong>of</strong> informing the nation on issues <strong>of</strong> public interest without<br />

direct interference from the Executive or the police.<br />

Furthermore, we urge you, Your Excellency, to uphold Zambia’s international<br />

and national obligations on press freedom and freedom <strong>of</strong> expression. We remind<br />

you, Your Excellency, that the media plays an essential role within a democracy<br />

and that attempts to limit their ability to report is in breach <strong>of</strong> the<br />

Universal Declaration <strong>of</strong> Human Rights, in which, under Article 19, everyone<br />

has the right to “seek, receive and impart information and ideas through any<br />

media and regardless <strong>of</strong> frontiers”.<br />

Yours sincerely<br />

Luckson Chipare, Regional Director<br />

SWAZILAND<br />

2002<br />

Press Statement<br />

January 18, 2002<br />

TOPIC: Deteriorating Press Freedom situation in Zimbabwe<br />

300 So This Is Democracy?

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