Zambia Alert: Warned and Cautioned statement recorded from Post News Editor

According to the news monitored by MISA Zambia on 2 July, 2009 on Zambia National Broadcasting Corporation (ZNBC) and Muvi Television, Ms Kabwela was interrogated for over two hours by Police. Section 177 (1a) makes it an offence to make, produce or have in possession any one or more obscene writings, drawings, prints, paintings, printed matter, pictures, posters, emblems, photographs, cinematography films or any other object tending to corrupt the morals.

The offence attracts a penalty of five years or a penalty. However, the Penal Code does not define what constitutes obscenity. The allegations are that Kabwela has in possession pictures that were circulating on the internet of a mother in child birth. However, the Post contend that the said pictures could not be published in their newspaper and hence they sent them to relevant people for their attention. It has not been established who started emailing the pictures on the internet through emails.

And according to The Post of 3 July, 2009, Kabwela has said she awaits her day in court over the pictures she sent to the Vice President together with a letter which she also copied to the Health Minister, Kapembwa Simbao, Secretary to the Cabinet Joshua Kanganja, Women for Change (WfC), Non-governmental Coordinating Council (NGOCC) and the Catholic Archbishop of Lusaka.

She said it was not true that her newspaper was in the business of publishing pornography as alleged and stated that The Post was committed to disseminating information in a fair and objective manner, bearing in mind that the media has got the responsibility to contribute to economic and social development.

The warned and cautioned statement was recorded on 2 July, 2009 at the Lusaka Division Headquarters before Mrs Sharon Zulu. Kabwela said that according to Journalism ethics, she was not obliged to discuss the issues of her sources, the process of newsgathering and The Posts operations with the Police.

She said that what was going on was a mere formality because the President already ordered the arrest of the person who took the pictures. She said it was sad that a trend had emerged where the police were acting to orders from The President.

Background

On 24 June, 2009 Zambian President, Rupiah Banda expressed concern and called on action from authorities over pictures that are in circulation showing a women giving birth without support from the health workers because they are on strike. Amos Malupenga, Post Managing Editor has denied allegations made by the Special Assistant to the President for Press and Public Relations Dickson Jere during the same conference that the pictures were being circulated by The Post through email as untrue. He explained that The Post had not posted the pictures to anybody but the mentioned official and Civil Society Organizations.