By Venus N Msyani
President Hakainde Hichilema has repealed the criminal defamation of the president, which is a good thing, but the effects of its absence are being jeopardized by the emerged hate speech arrests.
On 26 December 2023, three days after the defamation of the president law was abolished, a Zambian by the name of Allan Phiri was arrested for hate speech. He is heard on one of the recorded voices in a local language saying only a full can agree that HH is performing well.
Mr. Phiri spent six days in custody. Meaning he celebrated the first day of 2023 (New Year) in police custody.
On Sunday, January 29, 2023, Economic and Equity Party (EEP) leader Chilufya Tayali was arrested for the offense of Hate Speech, contrary to Section 65 of the Cyber Security and Cyber Crime Act No.2 of 2021.
Between January 1st and the day of his arrest, Mr. Tayali is alleged to have posted on social media platforms various inflammatory remarks. It is alleged he had been insulting and accusing people of being used by the new dawn administration.
Chimbwi pakulila nishi pali uko ashintilile. Will leave it for Bembas to help you with the meaning. It appears the new dawn administration has abolished criminal defamation law because they have Cyber Security and Cyber Crimes Act 2021 in place.
This must be repealed as well. May never happen if pressure is low. Zambia is under a leader acting out of force even on his own promises.
If it weren’t for pressure, the defamation of the president law would still be here. In March 2022 Amnesty International Secretary General Agnes Callamard had to fly to Lusaka to persuade Hichilema to move with speed to honor his promises, which include criminal defamation of the president law.
Nine months later, President Hakainde Hichilema succumbed to pressure. On December 23, 2022, he abolished the defamation of the president law. Zambians may have to go through the same for the Cyber Security and Cyber Crimes Act 2021 to be repealed.
Whatever it will take the law must go. Hate speech arrests are jeopardizing the benefit of the repealed criminal defamation of the president law in the country.