A Chilling Precedent: A Journalist’s Arrest Undermines Press Freedom in Zambia
The recent arrest and harassment of Thandizo Banda for simply taking a photograph is a troubling development that strikes at the heart of press freedom in Zambia. The incident, where Banda was detained, had his phone seized, and was charged with “conduct likely to cause a breach of peace,” is a chilling demonstration of the challenges journalists face when trying to hold the powerful accountable. This action, far from being a legitimate application of the law, appears to be a calculated act of intimidation designed to silence reporting.
The charge against Banda, conduct likely to cause a breach of peace under Section 178(f) of the Penal Code Act, is a gross misapplication of the law. The statute is intended to address disruptive behavior that could reasonably incite public disorder. However, taking a photograph of a vehicle in a public place is not disorderly and does not inherently pose a risk of public disorder. Journalists routinely take photos and videos as part of their job.
The use of this law in this context is a legal contortion, twisting a statute designed to prevent public nuisance into a tool for censorship. By charging Banda, authorities are essentially arguing that a journalist documenting a public interest story is a threat to public order, a dangerous and absurd precedent.
The circumstances surrounding Banda’s arrest point to intimidation, not legitimate law enforcement. The forced seizure of Banda’s phone, the deletion of his photos without due process, and the physical coercion used to drag him to the police station are all disproportionate responses.
The most damning evidence is the threat he received upon release: he was forced to pay a fine and then threatened never to write about the incident again. This is not about enforcing the law; it’s about silencing a voice. This creates a chilling effect, causing journalists to self-censor out of fear of reprisal, thereby eroding the public’s right to information.
A free and independent press is a cornerstone of any functional democracy. Journalists act as public watchdogs, holding institutions and individuals accountable. When a journalist is arrested for performing this fundamental duty, it is not just an attack on that individual; it is an attack on the public’s right to know and the democratic principles that Zambia is built upon.
The Zambia Police Service must clarify its stance and ensure that the law is not weaponized to suppress journalistic inquiry. This incident demands a thorough review and a firm commitment to protecting the rights of reporters to do their jobs without fear of harassment or intimidation. Failure to do so would set a dangerous precedent that could lead to a future where truth is a casualty and the powerful operate with impunity.
The Struggle Continues
Sensio Banda
Former Member of Parliament
Kasenengwa Constituency
Eastern Province
Really, a journalist arrested for taking a photo? The police officer who did that is acting on his own and should face the law alone.
Stop being stupid with your fogged brain by thinking you can blackmail people. How many TV news stations, news papers and radio stations did PF close? Apart from storming a police station and robbing officers on duty JJ also urinated in a journalists mouth and nothing happened. Why did he want to interview Mwangala J who had just gone to visit her daughter who had been detained. It’s an offence to just start taking photos of someone without permission. If he has questions for her relating to her work he can make an appointment to ask. Questions related to Maria or the case should be channelled to Maria big sister who’s the family spokesperson. He had no reason to start taking photos of Mwangala when the family spokesperson is there. Mwangala has a right to visit a family member without being arrased.