Two Lusaka Freelance Journalists Thomas Allan Zgambo and Clayson Hamasaka have lost an application in the High Court in which they were seeking the court to order Airtel Network to produce information in relation to a criminal act of allegedly diverting data from their mobile numbers.
This is in the case in which the two journalists sued the network provider for allegedly intercepted messages which amounted to invasion of privacy.
In their application for a notice to produce pursuant to Order 27 Rule 5(4) of the rules of the Supreme, Mr Zgambo and Mr Hamasaka seek the Respondent to produce records and documents in its custody or possession as they contain the entries specified in the notice.
The petitioners also wanted the respondent to produce registration and know your records for six mobile numbers which according to them are subject of the proceedings.
They further wanted communication records for each of the cited mobile numbers from 2013 to 2014 containing short messages services (sms’s).
But in her ruling, Justice Susan Wanjelani has declined to order for the production of information relating to the subscribers who have not given consent to the Respondents.
Justice Wanjelani has noted that the petitioners have not shown sufficient cause why the court should order the Respondent to derogate from the rights to privacy of a Mr Evaristo Phiri whose number was allegedly used to divert Sms’s by the respondent and order the production of this information without his consent.
” It is clear that the respondent cannot disclose any information relating to any of its customers or subscribers to another person without those subscribers consent”, She has ruled.
However the Court has granted the petitioners an application to order the Respondent to produce the information in regards to their numbers.