259.
The respondent brought an action before the High Court in which he was
awarded K30 million in general damages and K30 million in exemplary
damages. Zambia Daily Mail appealed against the judgement
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On appeal, the Supreme Court agreed with the High Court on the liability
of the Newspaper. It held that the defamatory nature of the articles was
clear as the Newspaper showed clear malice by not investigating the
articles and by the subsequent treatment of the respondent. However,
the Court reduced the award of damages both general and exemplary in
half.
C.
ADMINISTRATIVE MEASURES
261.
In order to ensure press freedom, the following measures have been put
in place (i)
generally, journalists in Zambia are free to exercise their profession
in any form of media and on any subject including politics as long
as they confine themselves to the legislative provisions outlined
above;
(ii)
the Media Institute of Southern Africa (MISA) Zambia Chapter
(formerly known as Zambia Independent Media Association) is the
mother body of Independent Media Organisations in Zambia.
It
regulates the journalism standards of private media whilst State
media is regulated by the Press Association of Zambia (PAZA);
(iii)
all journalists in Zambia are guided by an Ethical Code of Conduct
which regulates the journalism working system.
Journalists are
expected to follow these laid down procedures. Sanctions apply for
non adherence to these procedures under the Defamation Act and
Penal Code as stated above; and
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