‘Journalist detention a threat to press freedom’
By Thandizo Banda
THE Zambia Free Press Initiative (FPI) has joined the condemnation of the arrest and detention of ZNBC journalist McPherson Mukuka describing it as a threat to press freedom.
Commenting on the arrest and detention of Mukuka for exposing an alleged election rigging plot involving some senior civil servants, FPI founder and executive director Joan Chirwa condemned the journalist’s arrest and detention.
Chirwa said the arrest, which happened last week, highlighted growing concerns about the use of cyber laws to criminalise public interest journalism.
Mukuka, a ZNBC employee, was detained by the Zambia Police Service under the controversial Cyber Crimes Act No. 4 of 2025.
Police allege he recorded and published a private conversation without consent.
But Chirwa said while no one was above the law, the detention of a journalist over information published in the public interest raises serious concerns about press freedom, freedom of expression and the use of cyber laws to criminalise legitimate journalism.
She said it had consistently opposed several provisions of Zambia’s cyber laws since the Cyber Security and Cyber Crimes Act was enacted in 2021 under former President Edgar Lungu.
Chirwa said instead of addressing the media and civil society concerns, the current administration split the law in 2025 into the Cyber Security Act and the Cyber Crimes Act, introducing even more restrictive provisions that further threatened media freedom and freedom of expression.
“As a result, FPI joined a petition by the Law Association of Zambia (LAZ) and Chapter One Foundation as an amicus curiae seeking to have several provisions of the cyber laws declared unconstitutional,” she said.
Chirwa said the offence of recording a private conversation without consent was problematic as it hinges on investigative journalism.
“While the protection of privacy is a legitimate objective, the law does not provide an adequate public interest safeguard for journalists who record or publish information for the purpose of exposing corruption, abuse of office, criminal conduct, or other matters of legitimate public concern,” she said.
“In effect, the provision is capable of criminalizing public interest journalism and discouraging investigative reporting that serves the public’s right to know.”
She said the detention of Mukuka illustrates exactly why FPI challenged the law.
“Journalism in the public interest sometimes requires documenting or recording evidence of wrong doing that those involved would never voluntarily consent to without a clear public interest of defence or exemption, journalists face the risk of arrest and prosecution simply for performing their democratic watchdog role,” Chirwa said.
Chirwa has called on police to uphold Mukuka’s constitutional rights and guarantee due process, urging law enforcement to exercise restraint and avoid enforcing cyber laws in a manner that suppresses legitimate journalism.
She said that with the country heading into elections next month, the free flow of information was vital.
“Citizens depend on journalists to expose wrongdoing, scrutinize those seeking public office, and provide credible information that enables informed electoral choices. The enforcement of laws in a manner that deters investigative journalism risks denying citizens access to information they need to participate meaningfully in the democratic process,” she said.
Chirwa pledged solidarity with Mukuka, his family and the wider media fraternity, vowing to continue pushing for legal reforms to ensure cyber laws protect citizens from cybercrime without becoming tools to silence journalists or restrict the public’s right to know.
