Penal Code of 1930

Article 191 of the Penal Code, 1930 sets out defamation as an offence. Article 69 of the Penal Code prohibits defamatory statements against the President, foreign ambassadors and other notables.

Article 177 makes it an offence for any person to make, produce or possess any obscene matter that has the tendency to corrupt morals. 

Article 53 allows the President to ban publications “in his absolute discretion” that in his opinion are contrary to public interest.

According to Berger (2007), Article 60 defines sedition very widely. Among other things, it is seditious to:

− advocate overthrowing the Zambian government by unlawful means;

− bring the Zambian government or the justice administration system into hatred and con-

tempt and to excite disaffection against either of them;

− excite the people of Zambia to bring about change in the country unlawfully;

− raise discontent or disaffection amongst the people of Zambia generally;

− promote feelings of ill will or hostility between different communities or different parts of a

community, as well as between different classes of the Zambian population;

− advocate the desirability of the secession of any part of Zambia from the Republic of Zambia;

− incite violence or any offence prejudicial to public order or in disturbance of the public peace;

− incite resistance, either active or passive, or disobedience to any law or the administration thereof.

Article 60 outlines several exceptions to material considered seditions. Material or behavior is not seditious if the intention is to:

− show that the government has been misled or has made a mistake;

− point out any errors or defects in the government, the Constitution or any law with a view to reforming them;

− persuade the people of Zambia to bring about lawful change in the Country; or

− point out any matters which tend to create feelings of ill will or hostility between different

classes of the Zambian population.

In terms of Article 61, editors, assistant-editors and publishers can be held criminally liable for the publication of seditious material, except if they can prove that the material was published without their consent.

Article 67 refers to the publication of “false news” and makes it an offence to knowingly publish any statement, rumour or report that is likely to cause fear and alarm to the public.

The legislation makes it an offence for anyone to insult the national anthem of Zambia.

Article 177(1) of the Penal Code criminalises obscenity (imprisonment up to five years) without defining what constitutes obscene matter. Conviction can result in imprisonment of up to five years.

The Criminal Procedure Code Act, 1933, allows courts to force journalists to disclose their confidential sources of information.