Defamation Act 253. Section 3 of the Defamation Act Chapter 68, provides for civil defamation of character of an individual in an action for slander in respect of words calculated to disparage the plaintiff in any office, profession, calling, trade or business held or carried on by him. Further, an action for slander can also lie in respect of a words imputing unchastity or adultery of a woman or girl. 254. Section 14 of the Act states that a defamatory statement published by or on behalf of a candidate in any election to any local authority or to the National Assembly shall not be deemed to be published as a privileged document immune from Court proceedings. Penal Code 255. The Penal Code creates the following libel offences: “69.Any person who, with intent to bring the President into hatred, ridicule or contempt, publishes any defamatory or insulting matter, whether by writing, print, word of mouth or in any other manner, is guilty of an offence and is liable on conviction to imprisonment for a period not exceeding three years; and 191. Any person who, by print, writing, painting, effigy, or by any means otherwise than solely by gestures, spoken words, or other sounds, unlawfully publishes any defamatory matter concerning another person, with intent to defame that other person, is guilty of the misdemeanour termed “libel”. B. JUDICIAL MEASURES 256. In the matter of Fred M’membe and Bright Mwape Vs The People Appeal No. 87 and 197 of 1995, the appellants were charged in a Magistrate’s Court with defamation of the President, Section 69 of the Penal Code. The appellants requested the Magistrate to refer the matter to the High Court in order to determine the constitutionality of Section 69 of the Penal Code viz Articles 20 and 23 of the Constitution. It was their 108