Is defamation law helping Zambia? No doubt Zambians find it difficult to give an honest answer to questions like this.
Nevertheless, closely analyzing defamation law in the country, the most honest answer to the question is no, defamation law is not helping Zambia.
Defamation law tampers with free speech. In other words, it makes people afraid of saying what they want to say. Especially that most defamation cases in the country involve President Edgar Lungu.
It is very possible the fear of being misunderstood and ending up being arrested is making people find it risking to freely debate questions related to defamation in the country.
It may sound like endorsing insulting language against the president for saying this: Defamation law seems to promote unnecessary arrests in Zambia.
Too many citizen arrests have never helped to build a good image for any country in the world. Especially when the arrests are associated with free speech.
Just learned that police in Solwezi, Western Province have arrested two gentlemen, Victor Sankisa and Nicholas Sankisa of Kazomba compound for allegedly using insulting language against President Edgar Lungu.
It is not stated what Victor Sankisa and Nicholas Sankisa said about the president. That should not be the main concern. The question that everyone should be asking is, are defamation arrests helping to build the country’s positive image?
Meanwhile, evidence shows that most comments that the Patriotic Front (PF) government claim to be insulting are not insults but misunderstood socially accepted sayings.
Last year the United Party for National Development (UPND) President Hakainde Hichilema “pamunyoko” comment was received as an insult by the PF government only to find out later that it isn’t.
Because of that, Victor Sankisa and Nicholas Sankisa’s arrest deserve close attention. Every Zambian has the right to say what he/she wants to say. Unfortunately, defamation law undermines that.
By Venus N Msyani
Concerned citizen
??drop that law and I know who I am going for first
Tina Lyasa Chitengi sata eh ????
Especially HH likes hiding in that law.
People like slandering others in the name of freedom of speech. We must learn to respect others amidst our right of speech ….I wouldn’t encourage that the law on defamation be repealed
Only unchristian and disrespectful people will support this. Defamation laws are there even in those so called countries which taught you those human rights. So do not insult our intelligence. You cannot insult our president and expect to go Scot free.
Stop your jabbering. Did you hear anyone being sued by Trump in his four years in office even when he was insulted numerous times? US citizens are protected from their President’s wrath by the constitution.
Mr Msyani conflates defamation of the president, a criminal offence, with the civil law of defamation. They are distinct. Defamation of the president is certainly something which should be repealed as an offence. A president should have the thick skin required of a politician. It is also dangerous to have a law which can be used to silence freedom of speech, particularly where our police and public are willing to confuse criticism and insults. A healthy democracy requires that its people be able to freely debate on matters of political or social importance. Insults are not something worthy of criminalisation, particularly when it is to protect one person. There is no reason why one person in a nation of 17 million should be protected by the threat of criminal sanctions when the…
Both our culture and the Bible command us to respect those in Authority and never to insult or defame them. I know that if one is in the opposition now, they may want to remove the defamation law, why? Because it is the opposition that are often arrested for defaming the President but I think whoever is President of Zambia whether ECL or HH or Kambwili or anybody else, we must maintain the defamation law to protect our leaders.
How will we deal with those bent on tarnishing other ppls images? No, that law should remain.
OG DEAR HERE WE GO AGAIN BRO KAIZER …………
DESPOTS DICTATORS WONT ALLOW FREE SPEECH
IN SA ITS ALLOWED THERE >>>> AT LEAST YOU KNOW WHERE YOU STAND IN POLOTICS
BUT THAT”S OK BAN IT FOR NOW AS MOST ARENT EDUCATED ENOUGH TO KNOW THE MEANING OF FREE SPEECH
THERE IS A LIMIT .
The law has just been abused by ECL and the PF.
During KK, FTJ, Mwanawasa, RB and Sata’s time , this defamation law was hardly used.
Something wrong with ECL and his scared minions
Show us your chi ugly black face why are u hiding behind Chinese women? Be brave to show yourself
We have tonnes and tonnes of imiponto
DONT BLAME ECL HE IS MANIPULATED BY THOSE AROUND HIM AND HASNT A CLUE ON THE MOOD O)F THE NATION
ESPECIALLY WITH KZ AND LUSAMBO FEEDING HIM THIER PERCIEVED VIEWS
I was raised in a Christian home and insults were one of the most things our parents told us to desists from.,” everyone MUST be respected despite been young, old, friend, foe, male or female” Dad and Mom used to say. Further they would quote and say ” love your neighbor…….and say Jesus added continue to pray even for your enemy….”.Having said this the President deserves respect from all walks of life as he is not a Leader of this great nation but is also a parent. However, we are talking about politics, life and the nation with people from all walks of like and different backgrounds, therefore, I will partially recommend somehow to give it a “leeway” to such comments (not unpalatable) so as to understand what is really and truly going own on the ground.
‘Disclaimer” the…
The law is just good …what we need to preach is respect among people we can’t just be talking rubbish about anyone we don’t agree in opinion with in the name of freedom of speech… No!!
Let those who have money take this case to the Constitutional Court just like they did with the Public Order Act. It is a colonial vestige. Emperors and kings cannot be defamed because they were born to rule. You cannot criticise them or change them even if you did not like them. An elected politician is different. He must take criticism or else do not get the job. People get heated up and that is why they use unpalatable language. It is out of frustration when you have a disappointing leader who has plugged his ears with wax and is not listening.
We are in this situation because people have taken the law for granted… We can’t become a nation of insults and slander. We should learn to respect it each despite the difference in opinion… So let that law stay as it is… Freedom for everyone ends where another’s starts from
Who on earth wrote this and who is siding with this? The law is the law! You do not get to chose what suits you or what law torts benefit you. A tort, in common law jurisdiction, is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. I will also ask you to look up the definition of Lady Justice. Might I ask if you know the difference between Slander and Libel? The challenge we have in Zambia is a rotten justice system. We have a dictator by the name of Edgar Chagwa Lungu who wants to remain in power even when he knows he’s time is done. In fact, it was over a long time ago but the chap keeps stealing the elections through voter rigging.
NEVER FEAR A DICTATOR! Once you make the mistake of showing fear, is when LUNGU strikes. In numbers you are more powerful than he is. The nation is bigger than LUNGU!
The person who must be arrested is LUNGU. He breaches the law, unlawfully arrests people for expressing their human rights or expressing their freedom of speech. LUNGU should be the one in jail.
DEFAMATION:
Slander: the action or crime of making a false spoken statement damaging to a person’s reputation. What reputation does LUNGU have? He has tarnished every single bit of it himself. Corruption, jeopardizing our economy and GDP. When people speak the truth, he has them arrested.
Libel: a published false statement that is damaging to a person’s reputation; a written defamation. When people write or publish statements that are true about LUNGU, he has them arrested. We have a leader who wants to silence the truth. He has no business being president and must leave PLOT 1. His leadership is despicable. We have a rotten criminal justice system because of LUNGU!
Reason we need to keep these defamation laws. They can be used against LUNGU in a real criminal justice system not the rotten one with rotten judges in Zambia. Only a different leader can bring change regarding the rule of law.
You cannot fear to be insulted when you do right things. Its only those that do wrong things that are insulted.
Ati, ”Every Zambian has the right to say what he/she wants to say”. I think you are mistaken my dear. There is a limit and a boundary to everything.
Defamation/slander is WRONG as rightfully written in the existing laws.Free speech has its limits too coz we cannot shout lying about fire fire in a crowded room.The writer of this misguided article needs further education.
I dont think Venus N Msyani has argued his case well but defamation of the president as a crime doesnt fit into a democracy. In Zambia’s first and second Republic there may have been a need for showing respect to the number one office in the land so such draconian laws were designed to protect the status of the president. but when we dumped the second republic and opted for democracy we needed to review such laws.. The president’s shadow should not hover over our discussions any more. We are mature civilised people who can handle different opinions and that includes insulting opinions.
Insults are insults and people must be protected especially those that cannot defend themselves such as public figures. This is why for a long time if you insult someone people have been fighting. Because it is not right. If thr whole nation starts insulting it does not mean that insults are right. This law shoul actually be strengthened.