Zambia: Journalist Arrested for Defamation

FOR IMMEDIATE RELEASE

10 November 2005

Zambia: Journalist Arrested for Defamation

ARTICLE 19 condemns the arrest of Fred M'membe, editor and CEO of
Zambia's only private daily newspaper The Post, who has been charged
under the country's defamation law for having insulted President Levy
Mwanawasa. M'membe who was released on bail yesterday and pleaded
non-guilty in court today, published an editorial on Monday which
stated among other things, that "the foolishness, stupidity and lack
of humility exhibited by Levy Mwanawasa ... is something that one can
never imagine to come out of the mouth of a president of this
country." The date for M'memebe's trial has yet to be set. The charges
against M'membe send a clear signal of the Zambian government's
growing intolerance over the past year of journalists critiquing it.
Indeed, in June of this year M'membe had been warned and cautioned by
authorities for another critical comment against the President, while
three journalists from The Post were detained and questioned over
statements made by opposition leader Michael Sata.

ARTICLE 19 believes that the use of criminal defamation claims rather
than civil ones are a serious deterrent to independent and critical
journalism. In its annual resolution on freedom of expression, the UN
Commission on Human Rights regularly expresses concern at the use of
detention, "including through the abuse of legal provisions on
criminal libel" against persons who exercise the right to freedom of
expression. Furthermore, a number of countries, such as Ghana, Togo
and the Central African Republic, have already decriminalised
defamation.

Moreover, the Zambian government has recently refused to include a
clause guaranteeing access to information in the new draft
constitution. It also has rejected provisions that would have provided
for freedom of all electronic and print media from interference and
protected journalists from disclosing their sources. The government's
overall stance on restricting freedom of expression and access to
information is therefore worrisome and requires that the international
community keeps close watch on Zambia's obligations under
international law.

For further information, please contact:

Alexandra Sicotte-Levesque, Africa Programme Officer

Tel: (+44) 20 7278 9292 or email: [email protected]

ARTICLE 19-Global Campaign for Free Expression