Criminalizing Speech
…why the jailing of Elias Musyani and others is totally wrong and undemocratic…
Amb. Emmanuel Mwamba writes…
In a Democracy cases of defamation and insults are handled and determined as a civil matter restricted to financial penalties.
Criminal defamation laws currently being used in Zambia are archaic and impede on fundamental rights and freedom of speech.
Under the law, a person who has been defamed, insulted or their character injured can seek damages from the perpetrator in a civil court. The Zambia Police must have no role.
The goal of defamation law is to bring balance to those wronged and never to criminalize speech.
Under Project 2026 and Beyond, we will repeal all archaic and “insult” laws such as criminal defamation, sedition and we will remove from cyber crimes and cyber security laws, provision and offences of speech.
Project 2026 and Beyond, a Plan NOT for elections, but for Generations.
I agree. This was a civil matter which should have ended in a heavy fine. That is what countries with civilised leadership do.
However, politicians should stop promising what they can not deliver. Hakainde will serve only one term because of this same reason.
I will vote for any politician that will make it a criminal offence to break election promises. This should be a treasonous offence. And it should be applied retrospectively, from say, 2021. Enough is enough. Let us give the power back to the people.
God bless Why Me and Captain Ibrahim Traore.
Reject tribalism, corruption and oppression.
Vote for change in 2026.
Elias Musyani was arrested last year under laws passed by the PF government of Edgar Lungu. He has been attending court from last year. I welcome this judgement. Responsible use of social media will be good for Zambia. In spite of what I have said above, I consider the financial penalty of K70,000 excessive given the custodial one of six months in jail.
Harassment is a crime. Its been law before PF was created. Stop dreaming things…
You a man running away from the crime you committed and thought you were above the law.
Yo Maps was one of you…he is the complainant. Before you suggested that arrests and imprionment was on party lines. Well…here is a case of one of YOU asserting his rights and the law is on his side. Harassment is a crime. Lets not play sharades with the law. Makes your Project 2026 a mockery as if those points have any chance of being attainable in 2026. The law has to be enforcable. This is just a basic tentant. So stop lecturing and be a man. You broke the law, come and a similar law that Munsyani is facing; nothing special. Just you thinking you can redefine things to suit you cause the law is at your door step.
How can threats of abduction and rape be civil case? Such political desperation is what is making some of us fail to trust anything that comes from your mouth and your pf. With this kind of thinking project 2026 is a failed project. This reminds me of the threats and insults pf cadres entertained us with in WhatsApp voice notes in pf blogs when they were in power. Perhaps all that to you was freedom of expression that’s why your government did nothing to stop them. Is that what you want to bring back with your project 2026? This is a clear sign you have not repented and putting you back in power will be bringing back your past misconduct in government.
A fugitive. Advancing lawlessness.
No surprises there.
The 2 arrest warrants with your name on them have no expiry date. Even if there was regime change, prison is still waiting for you.