Constitutional provisions

Zambia's Constitution (passed in 1991 and amended in 1996) enshrines the right to freedom of expression (Part 3, Article 20) and freedom of the press.

Article 20(2) of the Constitution reads: “Subject to the provisions of this Constitution no law shall make any provision that derogates from freedom of the press.”

Article 20(3), allows for legislation allowing for 'reasonable' limitations on these rights in the interest of public health and safety, protecting rights and freedoms of other people, privacy, the and independence of the courts, amongst other possible limitations.

Article 25 makes provision for the suspension of fundamental rights, including the right to freedom of expression, during wartime or when a state of emergency has been declared under Article 30 of the Constitution.

A draft constitutional review report has recommended changes that provide for freedom of all print and electronic media from interference, for the protection of journalists from disclosing sources and the editorial independence of the state-owned broadcaster and regulation of broadcasting by an independent agency.