MEDIA LAW

Sources Of Law
When we talk of sources of law we are basically trying to understand what laws we use in
Zambia or the laws we rely on. These are;
1. Common Law/Precidents
Zambia was colonised by Britain and usually what the British uses to do ehen they colonise a
particular country was to bring in their own policies and laws from their country. When they
came into Zambia they found that we were living as traditional societies in communities and
villages with our own customs and traditions that we were following, but the British could
not understand our traditions so they had to administer the country to a higher level than the
way it uses to be. This law was developed in the United Kingdom (UK). Common law are
basically court cases e.g John Vs Peter. These cases started growing and they were refered to
as the common law of the courts. With time, they became to be known as the Precidents.
They brought in their laws from England as a way of regulating us.
Precidents are important as a way of standardizing the law e.g if someone has been
imprisoned for two (2) weeks for stealing a pen, if another similar case happens, the court
should judge the same way they judged before. This is very important because it prevents
complications or confusions. When the court has been faced with a certain case for the very
first time, that case becomes standardized and will be known as a precident.
2. Equity Law
This law was developed in the English court of chancery in the United Kingdom (UK). This
law is basically about fairness or justice. When the courts were developing and faced with
different cases, there were times that it became difficult to apply or rely on legal principals
because the results would not be fair e.g part A borrowed a K200 from part B, after two (2)
months part B started telling part A to pay back the money,so on a particular day part A finds
the money and goes to pay back the money but upon reaching part B's home, part B releases
his vicious dogs and starts chasing part A but luckily enough, part A runs away.
3. Statutes
A statute is an Act of Parliament. Anything that has been passed by parliament is what is
refered to as statute. Books of law usually contains 10 chapters which are known as caps. The
first cap is usually about the constitution of Zambia. These books are known as volumes. A
statutory instrument is not an Act of Parliament or a statute. An example of a statutory
instrument in Zambia is a minimum wages. A statutory instrument is refered in terms of
numbers, not chapters or caps. For example, “...No. 12 of 2017.” The penal cord deals with
criminal matters whilst the constitution deals with... For example the Bill of rights that deals
with the Fundamental rights such as the right to life, right to freedom of expression in relation
to journalism profession. Another aspect found in the constitution is that it creates organs
which are the Executive, Judiciary and the Legislature which are very important organs in
any country despite being given different forms of names in some of the countries. The
constitution define the functions, defines the composition etc. It is the supreme law of the
land and is known as the Law 1.
4. Judicial Pronouncements
We are basically talking of the judgements the judge makes which become the source of law
once the judge makes a particular judgement on a particular texts
5. Text Books
Text Books also known as Writings are also sources of Law, not just any text books but
LEGAL SYSTEMS IN ZAMBIA
Currently we have the Dual Legal System, these are:
1. Customary Law
There are no formalities in the local court because...no one records everything that anyone
says hence it is referred to as the court of no record. There are certain customs in Zambia that
we follow, for example, when a man pays lobola in order to marry a woman, they will go to
the local court and it will be known as the customary marriage. When they go to the civic
centre to get a marriage certificate the case will be formal.
2. Formal Law
Zambia has developed, the formal laws where we find the Judicial Pronouncements, the
statutes and the everything from the British are what we now use besides the customary laws.

Elements of defamation
1 show or prove statement was defamatory. What makes a statement defamatory , it tends to lower
the reputation of a person in the eyes of right thinking members of society. Defamation can be
express or implied. When it is implied it is an inuendo.
2 statement must refer to the claimant, directly or indirectly.
3 their has to be publication. Communication, defence of consent. Certain communications are
allowed, someone cannot sue on that basis.

Defences in defamation
 
1 Justification or truth
Burden of truth
 
2 fair comment
*would any fair man, however prejudiced he may be, or however exeggerated or obstinate his
views, have said that which this criticism has said of the work being critized."
 
3 privilege
Two types of privilege , absolute.
Certain statements that enjoy absolute privilege.
 
Qualified privilege
Law provides situations were people a certain level of privilege. Fair and accurate report of
proceding. Or else contempt in court.
 
We can use these as media houses to defend ourselves in court.
 
Penal code cap 87 section 53 1st November 1931, imported by the British. Has gone under several
amendments. Section 53 power to president to ban publications in his absolute descretion.
How does president effect this ban? Article 31 about situation that is said to threaten state of
emergency. Published in government gazette. Section 53 talks about what president can ban, he can
a class ,a series or particular publication.
Under section 54 a banned publication that produces any extracts will be imprisoned for two years,
further if a person is found to be in possession of any extract you will be jailed for two years.
 
Section 57 (1) (c) is on sedition, rebellion against government or those in power. Does not define
what sedition is but talks about seditious practices. Penal code provide any person prints publishes
sales offers for sale or you distribute any seditious publication is going to be found of seditious
practices. gives other examples like uttering seditious words or conspiring with any person to do any
act with a seditious intention. Or found in possession of a seditious publication you'll be found guilty
and jailed for 2 years. Seditious material Is one containing any word sign or visible presentation
which is expressive of a seditious intention.

Section 60 of penal code defines what a seditious intention is. Their 10 activities outlined.
 
If someone advocates to overthrow by unlawful means the government as by law established.
To advocate the desirability of any part of Zambia becoming an independent state or otherwise
seceding from the republic.
To excite the people of Zambia, to attempt to procure the alteration of any matter in Zambia as by
law established.
 
Section 60 has a poviso meaning outlined what seditious material is. Certain actions that may not be
seditious.
It will not be considered seditious if it is intention to how that government has been misled or
mistaken in taking a particular measure.
Where the intention is to point out errors or defects in the government or Constitution as by law
established
Were you intend to persuade the people of Zambia to procure by lawful means. the outeration of
any matter in Zambia which is established.
Under the proviso
1. In Determining the intention with which any act was done, any words were spoken,or any
document was published,was or was not seditious,every person shall be deemed to intend
the consequences which would naturally follow from his or her conduct at the time and
under the circumstances in which he included himself.
Section 69 defamation of the president
Were any person with intent to bring the president into hatred ridicule or contemp, publish any
defamatory matter, insults matter, whether in writing in print by word of mouth or any other
manner shall be guilty of an offence , found wanting in prison for 3years not exceeding. Covers liable
and slander.
 
In general Defamation under 191, it is both civil and criminal offence. Felony higher offence,
misdemeanour a minor offence. The defamation is light under 191 considered liable. Section 192
describe what is defamatory matter content that injures the reputation of a person. Does not matter
whether someone is alive or dead. The administrater( family ) will take up the charge if someone is
dead.

Copyright
Employees and copyright
Under section 10 of copyright act provides where work is made by the author in the course of their
employment nthe owner the copyright is the employer. Stephenson Jordan v McDonald, Stephenson
was an employee, part time accountant, lectured. Published a book and sued for copyright.
 
Collecting societies
Section 22 of our act authorises registered societies to represent copyright owners. A collecting
society is defined as an association or body cooperate who's principle purpose is representation or
copyright. ZAMCOPS FOR most musicians mare registered with them. Fee required annually to
enable us to play Zambian music on radio stations. Idea is when media houses pay musicians get
money from a certain percentage.

1312 copyright and related rights

Copyright
Intellectual property
Trademarks
Legal rights
 
What types of ideas can be copyrighted
Literally works/books etc
Audio, broadcast
 
Economic rights
Creater enjoys exclusive rights to prevent unauthorised reproduction broadcast performance or
adaptation of their works.
 
Moral rights
Entitle a person to be identified as the author of a particular piece of work. Also entitle a person to
object to any distortion modification or mutilation of their work.
 
Copyright and performance rights Act cap 406
Copyright is defined as a property right which subsists in original literacy musical dramatic artistic
audio visual works broadcast etc.
 
International conventions that Zambia
One known as the Rome convention and Berne convention(mainly artistic). These are conventions
that Zambia is a part of.
 
Main elements of copyright
Protects the form or expression of ideas and not the idea itself.
English case guild ltd v Russell Williams 2000. There can be no copyright in an idea which is in the
head or expressed in copyrightable form.
 
Their must originality.
University press limited v university tutorial press limited (1916). Original Intel's that
A their should be investment of skill and labour
B the work must not merely be a copy of previous work.
Before independence Northern Rhodesia broadcasting corporation, after zambia broadcasting
services, department in ministry of information. There was element of unifying the country,
government slogan one Zambia one nation. Funded by government. Started facing financial
difficulties zbs, trying to change cooperate nature. Government passed znbc act 1987. It changed zbs
to znbc, the law was repealed and amended. The minister was still given lots of power on znbc.
1991, liberalisation of the economy. Before 1994, regulation on media done by zampost. After 1994
government put in radio communications act a law meant to establish zicta to manage radio
spectrum. Zcta used to be named communications authority.
 
IBA regulation media
How did the iba come up
Different media companies , unza and other stakeholders engaged government to change regulatory
framework. 2002 after engagements , independence broadcasting authority act and znbc act of 2002
an amendment converted znbc to public broadcaster. A law can be repeal or amended. Iba given
power to issue licenses. In State of emergency president is given power to take over a radio station.

Section 7, introduction of television licenses

Section 5 all Tele owners are required to pay a license at a fee prescribed by the minister.
Section 26 of znbc provides for appointment of license inspectors who are charged with the
responsibility that license requirements are met.
Adhoc committee given power to nominate names of people to sit on znbc board or IBA. Names
given to minister of information. Then taken to parliament for ratification. Court case Phanwell
chembo Vs the minister of information and broadcasting and another.
Rules the law provides when court interprets statuts, one of them is mischief rule, what mischief was
it trying to cure. Literal rule, golden rule that courts use to interpret statutes. 1 rule applied is the
literal rule, must look at words in their literal. Go to mischief rule if words are ambiguous.
2010 gov put in place znbc amendment act. Changed the section requirement to have in place an
adhoc committee to minister being in power to nominate people to sit in znbc committee.
Any person who is a television dealer are required to get info from their customers. And collect Tele
fee from you forward it to znbc.
Print media regulated by print act, this law requires that when registering a newspaper they must
register themselves with national archives. Act also require that once start of publication they
deposit a copy with the director of national archives. If publisher fails to do so they are guilty of an
offence and liable to pay a fine.
 
The media and the internet
Electronic and communications act of 2009, this act provides that ZiCTa shall manage and
administrater the ZM domain. Online media are not expect to register with anyone. But in zm
domain the register and request IP request. ZiCTa can appoint inspectors what people are doing on
the internet. Restricted to our own domain were they can act.
 
Media and competition
Competition and consumer commission protection act 2010, meant safeguard and promote
competition and to protect consumers against unfair treading. Among functions, is to review
operations and trading practices of enterprises doing business in Zambia. An enterprise under the
act defined as either a firm or partnership or company or a cooperation. Media houses nwhich are
companies are Regulated by this act. Part 2 prohibits any enterprise from entering into vertical or
horizontal agreements. Horizontal agreement defined as an agreement between enterprises each of
which operates for the purpose of the agreement at the same level and would normally be
competitors. A vertical agreement between enterprises operating at different levels of production.
They need to seek permission for vertical.
Power and prevalages of the national nassemble( powers and privivalages act) under this law the
national assembly has been given powers to enforce violation of certain provisions. Under section 19
of the act it contempt of the national nassemble for any person to show disrespect in either speech
or manner towards the speaker or to do any act which shows desrespect with reference to the
proceedings of the assembly or any person presiding at such proceedings. If found wanting such a
person is liable to conviction. Section 28 conferee powers on the national assembly to pass a
resolution directing the speaker to order such a person to appear before the national assembly who
should repremand such a person at the bar of the national assembly. Section 21 ofmthis act provides
that for every offence for which no other penalty is specifically provided for the offender should be
liable to conviction or to pay a fine. The penalty for contempt for a non member of national
assembly is reprimand at the bar. Power is not given to national assembly to convict.
 
Information and communication technology act of 2009
Section 13 provides that the license should be by ZICTA shall confere t's and C's. And these t's will
includethe frequency and the wattage that the radio station has been granted.
It would include among the frequency and the wattage. Section 14 such a license may be varied by
the authority. So!e of the reasons are
Were the variation is necessary in the public interest
Were the variation is necessary to areas the concerns of the members of public or consumingers
 
Section 14 goes further to provide the procedure that the authority is supposed to follow in making
such a variation. The authority is supposed to give notice to the license holder that they propose to
make variations and must state nature or the manner in the same notice. Such a notice must specify
the time not being less than thirty days from the date of service within which the license holder
must make a written representation in respect of the proposed variation. What is wattage.