I was disturbed by a call from a Mr Patson Chilemba who was ordering me to remove the picture shown above, which I had posted on my blog. I took this picture in the run-up to the 2008 presidential elections in Lusaka.
I was busy when he called me initially last week. Patson said he wanted to discuss pictures on my blog. Patson told me in no uncertain terms that the pictures on the blog where embarrassing him and in a clearly commanding tone, he ordered me to delete the posts.
I was in a wrong place to discuss such a matter. I advised him to call me some other time when I shall be better placed to talk. Before he could hang up, I indicated to Patson that I was not ready to ‘match to his orders’.
In the second call from Mr Chilemba, which was on Tuesday, may 5 2009, he indicated that the pictures where defamatory and he gave me an unspecified period in which to delete them.
“I have consulted senior people at my place of work and we think the pictures are defamatory”, he said. “What I want to tell you is that you should remove the pictures because they are denting my image. I am running out of talk time bye,” he uttered.
I am not a legal person. Therefore, I would like to find out from the legal minds out there whether the pictures are truly defamatory.
My interest was not in defaming Patson. I am a Photo-journalist for goodness sake! I carry pictures in my head and in that post, the picture was where a reporter was.
Zambian Photo-journalist and Blogger
says who?
I dont see anything wrong with that picture. My dear, dont waste your time on such characters, there are better things to do out there. Besides this is not news!
Tell him to go hang.
My Fellow blogger, I fully understand why somebody from the POST would rash to say this picture is defamatory. This proves to us in MMD that the POST sold its soul to PF. In fact you don’t even need this picture as proof. Just look at their editorials. We in MMD know that that paper lost its objectivity the moment Magande was not put on our top throne in our party. They realised they can’t now control or manipulate affairs of the country through their silly editorials and evil financial motives.
Tell Patson to go to hell! Its not your problem that he was being partisan instead of doing what he had been sent to do. He was probably so sure that PF would win the elections, and Sata would appoint him managing director of one of the Govt tabloids! That picture is not defamatory, in fact it deserves to be awarded “picture of the year” for having not only Patson, buit also ba Cobra looking like a drunk clown!!!
On ““I have consulted senior people at my place of work and we think the pictures are defamatory”, he said. “What I want to tell you is that you should remove the pictures because they are denting my image. I am running out of talk time bye,” he uttered” what is Patson chilemba worried about together with his boss(es)?
Does it mean that the POST characters are now realising that all people know that they are trying to impose the Undereducate MC Sata to be Zambian president by supporting him full time even when the man speaks nonsense.
Anyway, portraying a picture of someone without his/her consent is not good according to law. However, I believe there is good reason to let be settle in a court of law so that we as Zambians have a reference. Bon courage,…
What is Chilemba’s problem. Is he claiming that this picture is not real? Did you “doctor’ this picture by imposing people who were actually not there?
First and foremost Patson is a private individual and is right in his own thinking. If you were not mandated to cover such a function and to just go a bit further and get such a photo and paste it on your blog of which you have not shed any light, i as a person who is pursuing legal studies will kindly tell you that he can sue you for encroachment on private property(he is a private person in relation to you) and if you are not or were not mandated to take such photos(you dont have a legal backing) i.e. you dont have your employers consent and probably your blog is not even registered, am afraid you just have to abide otherwise you can be sued. in the case of post photo journalists or znbc, these people are already covered by ACTS of law and since its there legal profession they can take p
If the picture is not real, and this can be proved easily proved, then you defamed the man. But if the picture is real, then don’t even waste your time on this joker. And if he successfully sues you then all the other people in that picture might as well sue you. Looks to me like you take a picture in a public place and not in his bedroom. Indeed what is his problem really?
Mr Zambian Photo Journalist, avail us your blog site so we can see the pictures and probably the text content describing them. in this way we will then have a broad view of what my friend patson is talking about.
CHE, with due respect my learned collegue, i will be the first to dare Patson to sue! I mean, what is there to sue about? That was a rally, period. Just hoe defamatory can bein caught napping with the president of a political party be? Valentine Kayope was caught more times dozing in parliament and at state functions than any other human being i know. Did he sue? Patson is wasting his time. I say again, I dare him! Lets have more photos, tisekeko nafuti. Remember, you snooze, you lose!!
Second line to read, “just how….”
It is very clear from the picture that our dear friend Patson is a PF member. I am sure he never thought someone may capture his image in a manner that would compromise his political support for the PF yet as a reporter he is supposed to be neutral. So this guy is now trying to run away from these facts. Please do not delete them as I see nothing wrong with the picture.
It is wrong to take a picture of someone and publish it if you are not a journalist. The picture is not defamatory but if he has asked you to remove it, then you are obliged to do it. You should have asked for his permission before publishing
Patson somehow is right; you can’t take a picture minus owner’s permission. How could you feel if you were to find your picture displayed in the street without your consent?
If you are attending a party rally and get photographed, then you are in the public domain. Patson seems to be more worried by association and not privacy. What would have been his reaction if he was photographed as a spectator among other ordinary attendees of the chigroup? I am thinking twice of renewing my POST subscription…
Don’t worry he won’t sue you seeing he doesn’t have enough for talk time so I doubt he would have enough to start proceedings because lawyers don’t come cheap. To reassure you he would not have a good claim in tort because libel because from what I see he has a very very weak case. I don’t know if zambian law but in the country I am in , you need to show some sort of damage from the libel either financial or physical. To me it seems the chap just doesn’t like the picture and thats not good enough cause because you a press photographer who takes pics in the public interest.
The photographer, i believe, is a Photo-journalist!
The first question I would ask you is; where was this picture taken and under what circumstances? If it was in a public place, or during a public function, don’t even bother answering or returning his phone calls. He has no “legal leg” to stand on. No wonder he only consulted his bosses at work and not his lawyer. A good lawyer would laugh him out of his office. Threatening legal action is only a way of intimidating you into submission.
It’s not defamatory but you cannot publish someone’s picture in a public medium without their consent, unless you are a journalist and you’re doing that in the line of duty. On these grounds alone, you are obliged to remove it.
Can someone help the blogger publish this story and picture in the Post Newspaper, the paper that digs deeper?
Oh dear……being a veteran journalist myself but no longer in the journalism main stream, I think I can understand why Mr Patson is offended, even though I dont agree with him that the picture is defamatory. You see a journalist is supposed to be seen as impartial in all his/her dealings and I suppose for him, other journalists must be teasing him that he is ‘PF’ or has certain party affiliations JUST BECAUSE he happens to be with PF people in the picture. My advice to Mr. Patson who must be VERY YOUNG IN THE PROFESSION, is: “DONT BE OFFENDED BY WHATEVER YOUR COLLEAGUES SAY. FOR ALL THEY KNOW YOU WERE GETTING A SCOOP FROM SATA AND THERE IS NOTHING WRONG WITH YOU SITTING BESIDE HIM NOR HIS PF MEMBERS. YOUR CONSCIOUS IS YOUR BEST JUDGE”
I hope this helps….
This is proper African politics, why choose how and when they take your pictures, this guy is very sad. Let him come to Europe or US, and see how the media takes pipos pictures with out their permission, Paparazi.
In helping answer this question, please remember that Patson said, “I have consulted senior people at my place of work and we think the pictures are *DEFAMATORY*”. It is not about consent to publish or who is a private citizen…. Is the pic DEFAMATORY?
Not that he matters anyway. REMOVE him LT
I also beg to differ with you SPLAKA….number 14, …as long as one is in a PUBLIC PLACE, in this case a rally, pictures taken can be used……..its a different issue if Patson was in a house or something…..
i think the guys has stated wht his job is and what his blog does there are a lot of freelance jobers out there. he could have sold the picture for some cash if he wanted. it was a public gathering a political rally for that matter he does not need consent though if there is text with the picture it depends on what he has said, is he accusing him of anything and stuff like that. its not like it was a private function i could have taken that picture and shared with friends with the internet only God knows how far it could have gone. The problem here is that he has compromised his bosses and his profession
….awe with those dry, gray lips, who would want to see him in picture. Just remove him ba LT mwandini
What defamation? Nonsense!
Here the reason for not wanting the picture to be seen is simple. He doesnt want people to know that he does associate with them the oppositon characters. He didnt even know that you took a picture of him. You may be a photographer, but someone has a right to find out why you did it. Worst still you know him.
Your friend feels uncomfortable yes, take it off. It is not even news for this site, all you wanted again is for the whole world to see this man next to Sata. Ne iyi blogging yaisa pa Zed, someone akaloba isabi lyauma.
Dude, if he doesn’t like what he looks like then he should blame his moms choice of his father. If you are ugly dont expect the camera to make you look good!
What was Patson doing between two public figures, Sata and Mumbi? He, Patson, became a public figure and thus defemation involved. He should have been more carefull about his surroundings if he he was interested in protecting his image as unbiased journalist. He should blame a photo journalist for doing a perfect job. Let him seek redress from the courts of law, period. My verdict is that he was very careless.
# 4 MMD Chief BootlIcker, for once I agree with you. The post no longer reports on objectivity but based on what bussiness sense it makes. The way they cover Sata, one no longer needs to wonder. In 2006 and 2008 elections…they really let themselves down. The picture in question is just a tip of the ice-berg. Yes the post was digging deeper but they dug too deep that they ended up burrying their heads!
Shakespeare would say “Too much ado about nothing.”
What was Patson doing between two public figures(Sata and Mumbi)? He also became a public figure and thus no claim to defamation law redress. He should have been more carefull about his surroundings if he was interested in protecting his and the Post image as an unbiased journalist and paper respectively. He should not blame an innocent photo journalist for doing a perfect job. Let him seek redress from the courts of law, period. My verdict is that he (Patson) was very careless. Infact the Post should get rid of him for damaging the paper’s image.
wow!
Patson is guilt now that the world has proved he is PF together with his masters. Mr photo journalist don’t even waste your time to answer his call again he is shallow minded
Zambian Photo-journalist and blogger, may I have your blog site? Although curiosity is said to have killed the cat, how did Patson Chilemba got to know you actually took the photo? How did he get to know your phone number? Even here at LT, I cannot find the phone number to Pauloszambianos( one of the columnist). How come your blog site has personal numbers?
You were simply provoking your boss deliberately and cheekily doing so for you knew that he was MMD. You hurt his feelings and rightly so. If I were him I could have fired you thee and then and ordered you to find emplyment with PF. Ma rabbish journalism.
YES IT MAY BE: Defamation law in the Zambia Penal Code Chapter VII Section 69 which states that, “ any person who, with intent to bring another person into hatred, ridicule or contempt publishes any defamatory or insulting matter, whether by writing, print, word of mouth or in any other manner, is guilty of an offence and is liable on conviction to imprisonment for a period not exceeding three years” (Laws of the Republic of Zambia, 1995: 51).
LT, The picture is not dematory in any way but exposing Parson as an overzeous and misplaced PF cadre in the media fraternity.His panic after MMD victory is common among ignorant opportunitist who count chicks before eggs are hatched. It confirms he is one of tthe unschooled cadre jouralist typical of the Post.one thing his Post-election fear seems to miss is thae fact that MMD and Govt presence is everywhere and his unethical acts would never be news to the MMD.MMD knows all networks from subjects and renumerations of accomplices and their agendas short and long. termThey know the inside out of the legion on real time .more than his fear of being exposed through a photo, MMD knows that they scumbbags’s conspiracy is self damaging and without future.If want to choke them, its easy.
I think there are two aspects here:-
1. Either this Chilemba guy is using the term “defamatory” due to limited vocabulary. I think what he means is that he has now realized that to be associated with Sata, like the picture shows, is degrading. Sata is a lumpen, whose definition of opposition is to disrespect the President. Only after that President saves his life, after a heart attack, does he reconcile his views. Sata is now a liability & Chilemba wants to keep a distance, after eating his money.
2. But most important, may be you with your foto skills managed to expose this Chilemba as a corrupt reporter. Unprincipled Zambian reporters have been known to be in SATA’s pocket. Now that you captured it in picture (evidence) Chilemba feels exposed. This is the only reason why he is…
Come on LT is this something to honestly post on your web page. Don’t reduce your site to a place where personal squabbles are sorted out. Its really cheap. You need to balance your news postings, right now u are very low on analystical and intellectually stimulating articles. I hope this will be taken as positive criticism……nayako ku Zambian Economist!
Chama mwaume,
Stop reading the law in abstract.There are no grounds of defamatory this photo.Parson as a PF cadre wittingly plugged himself between politicians in an election season knowing that they were on the trail of paparrazzis.I have read and and retain Zambian and American statutory law books for reference and interpretation.I challenge you to debate those of us in the know of the law.
Just tell him that you were taking the photo of Mr. Sata!
Dear Mr. Richard Mulonga,
We appreciate your role as a cameraman.
However, we are fully aware that you are an intelligence office deploy at the Times of Zambia to masquerade as a photojournalist but when in fact you are spying for the government and indeed the MMD. We hear that you are one of the state sponsored spied that escorted the body of Levy Mwanawasa to all nine provinces of Zambia. We hear that you were on Rupiah Banda’s payroll when that innocent body of Levy Mwanawasa was unfairly and embarrassingly paraded to people in all the nine province headquarters. We know that you are traitor gallant journalists in Zambia who are struggling everyday to inform Zambians at home and in the diaspora about what is happening in Zambia. Mr. Chilemba is a patriot and you should respect…
This Patson is useless! The truth is catching up with him and his masters at the Post. Like n#45 all you need to tell him is that you were taking a photo of an opposition party president period. I am not a lawyer but I did contract law as one of my courses in my engineeing studies and I tell you I can easily win this caseagainst this coward and not ethical journalist
Interesting to see how many lawyers we have all of a sudden!! Each one giving us his/her own theory on defamation. Honestly, that picture could have been taken to show Michael Sata for all we know. Lets not cheat each other here. You dont have to be a lawyer to see that Defamation in this case is non existant. And please mind how we quote and interprete the law.
To those that need to know the picture monger’s blog post go to thepicturemongerDOTblogspotDOTcom. As for the PICTURE MONGER, just erase the POST JOURNALIST’s part on the photo using adobe photoshop in WINDOWS OS or gimp in LINUX OS and then mention that you ERASED HIS PARTS in the picture caption after he phoed you to do that.
Have a great day and keep well.
Is it true that Mr Mulonga is a shushushu! Can he deny it if it’s not true.
We are aknow that he is on state house payroll. He has been very guilty in the recent past to attend media functions of late because he knwos taht people now know that he is paid by the red brick.
Lucas B.
LT, first and foremost I put it to you that this story is a hoax. It is being presented here with a specific agenda, which is not surprising of all media organisations. LT has, for instance, never ensured to give its readership or bloggers the right to independent and impartial information as showcased by its policy of ‘single sourcing’ news from the public media vis-a-vis ZANIS. While the picture maybe factual, the motive behind its presentation should be condemned with the contempt that it deserves.
Let us not allow traitor of the media destrioy what we do as journalists in Zambioa thoyugh some of us are resident outside teh country. Twachula pafula. Grow up Mr street phiotographer Richard Mulonga shushushu
Thank you ba moze as per my contribution in number 22…yaba…its becoming POLITICAL pamene apa…
The picture is not defamatory at all. The only problem is that the photo journalist is using it for an intended purpose. To me the picture is just plain embarrassing to the journalist, who must be apolitical. The question is -which journalist can get news from any politician without being at arms length or rubbing shoulders with them? The journalist at hand I believe has been in close contact with KK, HH, RB and LPM but that does not make him a member of their parties. In all fairness the picture is meant to portray the Reporter at hand as being PF – by inference. Lets be fair to each other. Its ike the Regina Picture with Chief Justice – nothing wrng with the Chief Justice but the picture sent a wrong message. In the same way nothing wrong with the sandwiched journalist but .. Godfrey
Oh! This is sad development to learn that Mr Mulonga is a shushushu. I had alot of respect for Mr Mulonga because he takes good pictures though they are bend. But to learn that he is an intelligence man i have lost hope in you. Why should we allow the intelligence officer abuse the journaliusm profession? Please Mr Mulonga clarify your position/profession. so you aree on red brick salary. Stop it.
It depends on what you implied when you published the picture. If you said the reporter was PF when he is not then he can sue you. Its just like writing a story on people who are HIV positive and putting my picture next to it.
surely fellow journalists out there, lawyers defend their fellow lawyers. am asking you to defend this upcoming and objective journalist, patson chilemba, who is being attacked by a shushushu. fellow journalists, whether you are in the public or private media, lets stand up for chilemba. we can’t allow a shushushu to malign our friend. shame on you mulonga all along you have been pretending to be a reporter but now you have been exposed for who you are, shameless opportunist, shameless shushushu. go hung
Patson dont harrass your friend, its time to be openly PF. That was a rally you were part of the oficials. just admit and stop the cowardice nonsense.
# 55,
Changing your Ids will not serve you from daftness you exemplify.Malicious character assassination is a lost option in tboth courts of public opinion and reason.In the first place, to be a service officer or contact is patriotic. It is not a crime instead the one who is a vulnerable criminal is you.I know you want to Pull Him Down PHD but use a smart and dignified strategy that secures your in the long term.There is no nation that exists without the service.If anything, its one of the most rewarding and prestigous patriotic job a citizen can do to keep his country strong and stable.Stop the hallucination on an innocent Photo journalist honorably serving the country.FYI, Statehouse does not pay service personnel. And if he were to be a contact, you would nkonw nothing about it.
The heading in Richie’s blog reads “PF CORRESPONDENT??”. Is this implied stating of the blogger’s thinking or innocent questioning? The question is in the question-marks! Judge for yourself – defamatory or being enquisitive….
Comrades, let us be realistic. Let us be realistic with this Mulonga chap. If indeed he is a shushushu, we have to avoid him or else he will mess us the innocent users of Lusaka Times. he might be a danger to Zambians. You know what maybe Lucas Banda, especially thaty he is related to Rupiah BANDA he might know alot about Mr. Mulonga. Intelligence officers should not be entertained. I am not part of this; the intelligence like Mr Mulonga know where all of us live. Bye. Nayopa!!!
Nothing defamatory about that picture my dear. It shows that just like the post claims to dig deeper, you dug underneath their depth to expose the truth! They are PF!!!!!!!!! If he wants let him go to Court and we will teach him a lesson. Those are the same chaps that trapped Maxwell Mukwakwa that he gave some reporter money to support UPND president HH. They lost that case but destroyed Mukwakwa and caused him great embarrassment. When the lost that case they never carried any editorial like do on cases in their favour. You have exposed their doubled standards, one leg in PF and claiming press freedom. That Chilemba chap can actually hang! PLZ LEAVE THAT EXCELLENT PICTURE PUBLISHED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Mr. Richard Mulonga please quench the fire. You started it; you have to finish it. Is it true that you are an intelligence office on Red Brick payroll employed to spy on journalists and politicians? Please clear the air before it’s too late. You know what most people fear the intelligence so please tell the truth or else news makers will soon start running away from you. Tell it all for your sake and for the sake of the Times of Zambia. As much as I like the Times of Zambia because it represents my grand father from Chiparamba, Comrade Mr Rupiah Banda, I have misgivings about you, sir. Tell the truth or we will take it that it’s true you are an intelligence traitor.
As a former coup plotter, I am sure Mr Mulonga is a true shushushu. How did he manage to get that picture? Why didn’t he publish it in the Times of Zambia? It shows that these intelligence chaps want him to deceive people in the diaspora. I think it is impiortnat that Mr Mulonga clarifies the matter on nhim being an intelligence officer deployed at the Times of Zambia because from my observation it could be true. Why isn’t he responding? This Lucas Banda chap seems to know Mr Mulonga well, thus why she seems to be sure that he is an intelligence officer deployed at the Times of Zambia
We would like to clarify matters. We know that Mr Richard Mulonga is an intelligence officer who is working with us but we will not allow anyone to humiliate him. He is performing national duties by spying on politicians and useless journalists through as, as you know we are part of government. We, therefore, wish to warn Lusaka Times that should you continue publishing this material we will be left without any opinion but to sue you.
This is a sad day for the public media. We will not allow this kind of misunderstanding between The Post and the Times of Zambia. There should be harmony between the public media and private media. We Shudder to image that some journalists among us are intelligence officers.
Please media colleagues stop scandalising one another for the sake of our media development. as you know a divided house cannot fight a common enemy together.\
Viva Press freedom.
Viva Mulonga! Viva Chilemba! PEACE!!!!
Zambia Daily Mail Features editor
Dear you people,
I sincerely appeal to you to desist from this dirty language. Respect the intelligence. We have no problems with Mr Mulonga. I was just wondering, is this the same man the President came with to our palace? If he is an inteligence officer, i humbly appeal to the Zambia State and Security Intelligence service to remove him from the Times of Zambia because everyone now knows him that he belongs to them, therefore, he will be of no use because potential victims will soon start shunning him. Chief Ilunga
Times of Zambia editor; publishing which material? The article is there on the picture monger for everyone to read. Bwana editor – if your intention is to sue LT for allowing the debate on Mr. Mulonga’s intelligence connections, good luck. LT is becoming my mentor.
This is now becoming dangerous. It seems there are so many people who know Mr Mulonga as an intelligence officer. Please stop disgracing this noble job. When this man left Normajean college he couldn’t find any job in the media because he failed to write stories that was why he hired himself to the Red Brick and they sent him to the Times of Zambia to be taking bend pictures so why are you harassing him. Don’t you know that he is a presidential cameraman? He accompanies the President always, so why are you wondering whether he is an intelligence officer or not. Allow him to serve his masters!!! It’s a free world.
#6 I am glad you say “portraying a picture of someone without his/her consent is not good according to law”. In essence It is NOT ILLEGAL! bad and illegality are different in law. Bad does not necessarily mean breach of the law. See Campbel V MGN (2004) where the court ruled out the possibility of reasonable privacy when someone is in a public place like that chap Patson Chilemba. In Extreme cases, refer also to Elton John V the Daily Mail (2006) where Justice Eady threw out his application for an injunction seeking to restrain publication of pictures of him and his kids alighting from the car, then walking into the house. Further, refer to McKennit v Ash and CC v AB and see more of the reasoning of the judge. Certainly, Chilemba’s case does not fall in this category! Whats your thou
stop embarrasing Mr Mulonga. whether he is an intelligence officer or not. he took a good picture of Mr Chilemba. we know that Mr Chilemba has covered our President Mr Sata very well, so as Mr Lucas Banda has obvserved let us stop the intelliegnec from abusing journalism for thie selfish gain.
Mr Mulonga, come out clean. You have been caught pants down. I saw you at the press freedom day celebrations at Mulungushi international conference centre but you left early because you were uncomtortable to be around your fellow journalists because they all fear you and shun you because you are a shushushu
I don’t know that some people don’ know that Mr. Mulonga was a shushushu. This man started working for the Red Brick when he was still at Norman Jean College of Broadcasting. We all know him.
#72 why are you changing your names like that and using some many names and having a debate with yourself. It seems you are a new blogger. Your flag gives you away easily baba. We have never seen a flag like that before blogging this actively. We know each other here. Stop being an imposter. Stop exposing ignorance and get a life
If Mr Mulonga wanted to embarrass The Post then it’s bad but i don’t really see anything wrong with that picture. However, the revelation that Mr Mulonga is an intelligence officer is really worrying. If indeed he is an intellegence officer, i think it is high time tghe intelliegnce redeploy him before it;’s too late because he will not be able to operate properly now that everyone knows him as an intelligence officer.
Let’s end this debate!!!!!!
Mr Mulonga has lamentably failed to uphold his journalistic ethics. He had some ulterior motives in the publication of the picture which, unfortunately, has now backfired on him with the expose to the public about his intelligence connections. I call it an ace for an ace.
#75 same person again reprersentating this your flag. How do I know.? You are the only one quoting intelligence officer and Mulonga consistently. Ala there are mad people in this world bwe bantu ..am out of this thread enough said.
I am sorry I beg to differ with #8, #14, #15 and all sympathizers of Patson that you are all missing the point. Firstly, I have already explained and cited precedents on photography (62 & 70). But uninformed arguments that because the photographer is not a photo-journalist or an employee are devoid of substance because if that taken as proposed, Not all of you bloggers here are journalists and thus can be immune from defamation if qualification is your argument. This is about freedom of expression & citizen journalism where people like yourselves outside the main stream media take up the mantle and educate one another, and the photographer in this case IS! As others have rightly observed, chilemba is only embarrassed about his exposure of being PF. Continued……
Useless Queen. Why are you telling us to end this debate. We know you chaps youi have been sent by the shushushu. you are ashamed that one of you Mr Mulonga has been exposed. We will expose you as well. When you why you are doing this.
Like I have already pointed out, does the Post itself get permission from people to publish such pictures? Look at Pictures of Sunday Kayumba they exposed yesterday as he walked to prison (though you may arhue that because he is a convict of crime, but has he given authority for such pictures). Only in documentary photographing can one be required to get written consent of persons photographed though this is only a law here (developed world) and yet to be an issue in Zambia. Straight news stories like those there is no need for such propositions advanced by the pro-chilemba group. If we want FOI, this is the beginning but don’t as the public violate your own rights which you seek! The picture is perfect, Chilemba can hang!
What comments where added to the oicture when you published the blog. Otherwise there is nothing wrong in the picture itself for the picture does not add anything nor does it deduct anything malicious to the truth of the matter which is that he is doing exactly what the caption states unless you fabricated this information.
#55, #57, #61, #63, and so forth, you sound like you are one and the same person; aren’t you? If so, what kind of ‘boo crap’ are you trying to pull here! You really appear ridiculous and cowardly by trying to disguise yourself. If you have something that bothers you, just say it without trying to play hide-and-seek with grownups on this blog—how irritating! By the way, what’s up with your obsession towards secret/intelligence service officers? What country or nation on earth exits without them? Just to remind you sir, in most countries (probably Zambia included); it is a very serious criminal office to ‘out’ a secret/intelligence service officer. Be careful what you wish for. GROW UP!!
I think the guy called ‘lucas banda’ is the man in the picture.
62, observer greetings, I like your “It shows that just like the post claims to dig deeper, you dug underneath their depth to expose the truth! They are PF!…. If he wants let him go to Court and we will teach him a lesson. Those are the same chaps that trapped Maxwell Mukwakwa that he gave some reporter money to support UPND president HH. They lost that case but destroyed Mukwakwa and caused him great embarrassment. When the lost that case they never carried any editorial like do on cases in their favour. You have exposed their doubled standards, one leg in PF and claiming press freedom.“.
I hope this chilembe picture issue will go all the way to court. A precedence in this PICTURE photography thing is needed to guide the Nation in future.
#84,Space Physicist Maestro Hhehhehhehhe – mulombe uuzwidda-kumusanza, you are welcome my brother and keep well.
Thanks and take careful care too #86.
Can he define defamatory? Let him sue if he’s got guts.
Iye Bantu bafunta Hello LUcas Banda et al whats up how can you possibly seat on the pc and chat to yourself LOL
# 80, Richard Mulonga has never been a state agent or contact under any outfit. As much as the any Govt in the world do have have deep hands in all sectors of their national economies from colleges, trade unions, central Banks to small ones even Tabloids daily rumbling, Mulonga is not one of the ZSIS contacts.For your information, it is unforgivable crimianl act with grave consequencies impossible to wash off irrespective of time or location to risk, compromise or block ZSIS activities worse more risking the life of any service officer anywhere in the world including the country where you are.Careful, you risk a mysterous redition with your student status, permanet residence or citizenship revoked for extra judicial consequencies before the same people you are insulting.Internet not mass
Your stay in the Diapora and not heaven. Be advised that risking or comproming any service interest can be grounds for treaties and conventions in place pursued to fix you with much easy.Those who have done so and been spared, have been blacklisted for life.Administrations could change but they will never serve the nation at any level because for ever they will fail the security clearance test.Do not delude yourself that Zed is a closed up state without the internal and external affairs desks to stay in exchange with the home and foreign office where you are. For instance in the USA, the working relations with the State Department and Homeland Security is cordial and mutual.Many exchange goes on and the internet traffic under control.
journalistically there is nothing wrong with that picture. he was in public space and that public space is journalistic space whether for blogs or for whatever because the Internet is a space for citizen journalism and therefore is public. Your phot is a story and if you had to wait for your office to always tell you to cover a story, there would be no stories to tell in Zambia just like there are no stories on ZNBC for of this wait to be delegated… journalism aint like that!
I agree that Patson should sue because he will be wasting money and valuable time. This will equally demonstrate the foolishness of the Post in being partisan – all in the name of annoying MMD. Go for it and cover more such photo-stories!!!
Lo.
nothing wrong with the picture please!!!!
WHy is afraid?
First of all it is not uncommon for a reporter or journalist to stand close to a politician he/she is trying to cover. Being in between the president of a political party and the his secretary does not mean the reporter belong to that party. The Press corps that traveled and covered Obama’s campaign were almost like his friends – they joked; they stopped to bu cheese burgers, etc. It’s wronf for all ya to try and infer/deduce that the gusy belong to PF by virtue of being close to Sata.
That said I believe that this story is a hoax from the guys at LT – the fact that no website of the blog was given is proof no such blog exists. LT is trying to incite their readers against one Patson and they think we are stoopid enough to buy into the hoax.
In any case, I think the said reporter has the right to request for the picture of his face removed from your website. I’m no lawyer but I believe privacy libel laws are very strict. He is a private citizen and not a public figure like Sata who appears in the picture. Even people arguing that you could claim that you only wanted to take Mr. Sata’s picture are not being sincere. If that were the case you could have easily blacked out Patson’s face by croping the photo. And clearly mention the reporter’s name as a primary subject in the description of the photo, implying your intention was to focus the theme of the picture on the reporter. As for ‘where’ you took it – who said you could go about in public places snapping pictures of people are posting them on your blog? I could be…
Nothing wrong with this picture… But Ba Sata looks more older now…
lol
Let’s all take a rethink on the issue: Patson was in a right place @ the wrong time. Saving his hide is his foremost thought. Perhaps, as a start up in his profession, reconsider LT. Might just help the man keep his job. L8r all……..
HERE IS THE RIGHT SOLUTION: Mr Photo-journalist, please write a formal letter to Honourable President of PF Mr Michael Sata and let him know that Mr Chilemba is suing you for showing a picture in which he Mr Chilemba is sitted with Mr Sata. Tell Mr Sata that Mr Chilemba says that sitting next to him Mr Sata is defamatory. I’m sure Mr Chilemba will receive an interesting call from Mr Sata after that letter!!
I don’t understand how privacy comes into play at a public rally. Privacy from what and from whom? From people viewing you? That argument would only make sense if the reporter broke into his private home and took a picture of him without his consent. I think this goes beyond privacy to property law principles – he is in effect arguing that he has a right in rem to the view of himself, which of course wouldn’t stand. Being in a public place implies that he consented to being viewed in public, and thus taken a picture of.
Judging from the legal comments above, it looks like Zambia’s defamation law principles vary somewhat to those of the UK, so I have no comment on that issue.
#1022 Citizen, well observed my brother/sister.
Refer to my arguments in #62, #70, #79 and #81. Chilemba has no case here my dear. Zambian media laws are not pretty different from the British media laws, they are similar, in fact Zambian journalism and ethics are inherently of British origin, and therefore courts in Zambia look to precedents in Britain and indeed within the common law jurisdiction when there is a unique argument. keep well.
sorry, #102
^^^ I agree Observer. Regarding defamation, he would be arguing that the picture reduces his standing among right thinking members of the public, or causes him to be hated/ ill-treated by being photographed with PF leaders. Does it really do so? Perhaps among right-thinking members of areas in which Sata is unpopular, but the likely majority of viewers of this picture are in urban areas where Sata is popular. In fact, that picture would likely raise his standing among readers. As someone pointed out above, his only chance of success rests on an establishing a true innuendo – do and caption and picture take together intend to create a meaning which, though hidden, will nevertheless be conveyed to the reader i.e. that the reporter is for PF?
In any event, he will still have to establish that the innuendo was defamatory i.e. reduced his standing among right-thinking members of society or subjected him to ridicule.
@ 105 – I meant: “do the caption and picture taken together intend to create a meaning which, though hidden, will nevertheless be conveyed to the reader i.e. that the reporter is for PF?
I say keep it. He is hiding something. lets see him in the spotlight and analyze him for now.
PHOTO JOURNALIST, DON’T WASTE YOUR TIME WITH POEPLE WHO WANT RAISE MONEY DUBIOUSLY. THE CHAP IS STONE BROKE. JUST RUBBISH HIM. IN FACT NO ONE IS INTERESTED IN HIM IN THE PICTURE. PEOPLE ARE MORE INTERESTED IN THE PF PRESIDENT. WHO IS HE IN THE PICTURE-OH! SLIP OF THE TONG, DON’T BOTHER TO TELL ME. THE CHAP IS NOT IMPORTANT.
mulonga shushushu has not responded to the challenge, confirm that you are a shushushu as we know you are. stop wasting tax payers money getting a salary from times of zambia when you are being paid by the intelligence. this is crime, how do you get two salaries from two state institutions?
I think he’s actually very photogenic . Worried about what ? It should instead be Mr Sata
pushing that request .