A1 Refereed original research article in a scientific journal
Defamation of the President of Zambia: Contextualising the Decriminalisation Debate
Authors: Phiri Christopher
Publisher: Unisa Press
Publication year: 2021
Journal: Southern African public law
Journal acronym: SAPL
Volume: 36
Issue: 2
First page : 1
Last page: 20
ISSN: 2219-6412
eISSN: 2522-6800
DOI: https://doi.org/10.25159/2522-6800/9231
Web address : https://unisapressjournals.co.za/index.php/SAPL/article/view/9231
Self-archived copy’s web address: https://research.utu.fi/converis/portal/detail/Publication/73956206
Abstract
The last two decades have seen a growing global movement towards decriminalising defamation. Numerous calls have been made at various levels for states to repeal all criminal defamation and ‘insult’ laws. Yet many states continue to maintain such laws on the statute books. Zambia is a case in point. This article focuses on the law that criminalises defamation of the President of Zambia, which the authorities have continued to apply with vigour. Diverging from extant judicial precedent upholding the constitutionality thereof, the article argues that that law is unconstitutional and falls foul of international standards on freedom of expression. The article culminates in a call for the decriminalisation of defamation of the President.
The last two decades have seen a growing global movement towards decriminalising defamation. Numerous calls have been made at various levels for states to repeal all criminal defamation and ‘insult’ laws. Yet many states continue to maintain such laws on the statute books. Zambia is a case in point. This article focuses on the law that criminalises defamation of the President of Zambia, which the authorities have continued to apply with vigour. Diverging from extant judicial precedent upholding the constitutionality thereof, the article argues that that law is unconstitutional and falls foul of international standards on freedom of expression. The article culminates in a call for the decriminalisation of defamation of the President.
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