ZAMBIAN GOVERNMENT USES COVID-19 TO CURTAIL MEDIA FREEDOMS

























WHILST countries are implementing lock downs to slow the spread if the novel Corona Virus 19, Zambia has refused to lock down the country insisting that a lock down will hurt the poor. Instead the pandemic has become an opportunity for the government to gag the independent free media.
The Zambian government through the Independent Broadcasting Authority (IBA) on 9th April 2020 cancelled the broadcast license of Prime Television, a vibrant private television station which broadcasts from Lusaka in what government called public interest.
Prime TV is a popular platform which carried unbiased news and discussions and the only media house that gave wide coverage to the opposition and civil society in Zambia against the increasingly unpopular and biased government controlled Zambia National Broadcasting Corporation (ZNBC).
The opposition has asked the diplomatic community to put pressure on President Lungu to re-open the institution further alleging that State House (The President) instructed the Board to shut down the station. The International Press Institute has also called for the re-opening of the television station.
Former editor of The Post Newspaper Fred M’membe whose paper was closed by the lungu administration condemned the move as malicious and said that Prime TV was being attacked as part of a “consistent campaign to discredit and destroy this television station”.
Mr M’membe, who in 2000 was awarded the World Press Freedom Hero prize by the International Press Institute, said that the government’s actions were typical of the deteriorating status of media freedom in Zambia over the past six years.
He added that “While the threats to media freedom in this country are real and concerning in their own right, their impact on the state of democracy is what makes them truly dangerous.”
Gerald Shawa the proprietor of Prime TV expressed a decision made by private media owners not to run free messages on COVID-19 because government owed media houses a lot of money in unpaid ads adding that a barter system would have been an alternative. This was at a government convened engagement meeting with media houses on how the media would support efforts to spread messages on the COVID – 19. 
The choice of Shawa to deliver this unpleasant message to government presented the Zambian government with an opportunity to deal with a media house the state considered rogue and hostile. This was because Prime TV already had a rapidly deteriorating relationship with government.
Immediately after this meeting, the Zambian government ceased cooperation with the television station with the Minister of Information and Broadcasting Services Dora Siliya directing all government ministries, agencies and departments to immediately cut all ties to the station. Prime TV challenged this decision in the Lusaka High Court. On April 22, 2020 the Court refused to grant the station the reliefs it sought. The court refused to quash the decision by the government to cease all cooperation with Prime Television.
Judge Catherine Phiri dismissed the application for a conservatory order against government which Prime TV sought with regards to the directive issued by Minister of Information and Broadcasting Services Dora Siliya dated March 17, 2020.
Bowing to pressure from government, Gerald was compelled to apologise to government for his remarks on non-cooperation in airing COVID-19 messages instead of fighting for his rights. The Zambian government ignored his apology and instead escalated its hostility towards the station by cancelling its license effectively shutting the television station down and throwing all its employees into joblessness.
The Zambia Human Rights Defenders Network expressed shock at the closure of the station describing it as draconian and a direct violation of the freedom of the media and constitutional freedom of expression guaranteed to all citizens.
“The decision of the Independent Broadcasting Authority is the work of a regime bent on muzzling the vibrant independent media and is another indicator of the fast shrinking civic space in Zambia.  This drastic decision is a dent on Zambia’s human rights record.” the civil society network said in a statement.
The Law Association of Zambia has also described the cancellation of the licence for Prime TV as premature and contrary to the clear provisions of the law.
The IBA stated that the cancellation of the licence was done in ‘Public Interest’ pursuant to section 29 (1) (j) and (k) of the Independent Broadcasting (Amendment) Act No. 26 of 2010 ( the ‘IBA Act’), which stipulates that the Board may cancel a broadcasting licence if, ‘the cancellation of the licence is necessary in the interest of public safety, security, peace, welfare or good order’ or ‘the Board considers it appropriate in the circumstances of the case to do so.’
As observed by LAZ that although the IBA has discretionary powers to cancel any licence that it issues under the IBA Act, in their Press Release, the IBA did not go further to explain to the public, in whose interest the decision was professedly taken, the basis of the decision, the security and peace concerns as well as other circumstances in issue and whether the IBA itself had complied with the entire provisions of section 29 of the IBA Act, which stipulates in section 29 (2).
The freedom of speech which Zambians ought to enjoy is being violated as Zambia has now become a country where the citizens are not allowed to offer constructive criticism. If they do, their future careers and source of income becomes affected as is the case with Prime TV where many media workers will be thrown on the street because of this inconsiderate decision made at a time when the economic situation in the country has deteriorated and households are failing to make ends meet a situation exacerbated by the COVID-19 pandemic.
The human rights defenders network made an appeal to President Edgar Lungu to prevail over his Minister of Information and subsequently the IBA Board to ensure the license is re-instated and assure citizens of the enjoyment of their rights and of a level playing field as the country heads towards the 2021 general elections in which the media plays a crucial role.

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