Zambia High Court: No 2-Year Gap for Second Maternity Leave

• Zambia's 2026 general elections were marred by challenges to media freedom, digital rights, and access to information.
• The state-owned media failed to adhere to Article 50 of the Constitution, creating a cognitive monopoly for the ruling party.
• Several journalists were attacked on election day, and security details failed to protect them.
• The Cyber Crimes Act was used to detain ZNBC journalist McPherson Mukuka under false pretenses.
• Women candidates received barely any coverage ahead of the elections, highlighting the continued inactivity of the Gender Equity and Equality Commission.

The selective application of laws can be used to silence journalists and suppress dissenting voices.

The 2026 Zambia general elections were marked by significant challenges to media freedom, digital rights, and access to information. Despite the enactment of the Access to Information (ATI) law and the repeal of criminal defamation of the president, institutional silence neutralized these paper victories. The technical execution of the balloting proceeded smoothly, but systemic imbalances fundamentally undermined the electoral process.

The state-owned media failed to adhere to Article 50 of the Constitution, creating a cognitive monopoly for the ruling party and impairing voter choice. Civil society groups raised concerns about extreme bias by the public media, illustrated by the effective silencing of opposition candidates. Private outlets attempted to provide equitable coverage but operated under a shadow of judicial intimidation.

The detention of ZNBC journalist McPherson Mukuka under the Cyber Crimes Act (CCA) served as a warning to the journalistic sector that deviations from state-sanctioned narratives carry severe penalties. Several journalists were attacked on election day, and security details failed to protect them.

The selective application of laws in Zambia is a significant concern for electoral integrity and freedom of expression. The Cyber Crimes Act can be used to silence journalists and suppress dissenting voices. The continued inactivity of the Gender Equity and Equality Commission has left women candidates without a mechanism for redress against media invisibility and gender-based harassment.

The Access to Information (ATI) law, enacted in 2023, is a positive step towards transparency and accountability. However, its implementation has been hindered by institutional silence. The repeal of criminal defamation of the president is also a significant milestone, but its impact is limited by the lack of enforcement mechanisms.

The Constitution's Article 50 mandates fair access to publicly owned media, but state-owned media have failed to adhere to this provision, creating a biased information environment.

The erosion of democratic competition and the constriction of media diversity have significant implications for electoral integrity and freedom of expression. The selective application of laws can be used to silence journalists and suppress dissenting voices.

The marginalisation of female candidates, who received barely any coverage ahead of the elections, is inextricably linked to the continued inactivity of the Gender Equity and Equality Commission. This institutional paralysis has left women candidates without a mechanism for redress against media invisibility and gender-based harassment.

The digital abuse of women candidates on social media platforms, particularly Facebook, was particularly egregious, focusing on personal status rather than political participation.

Lawyers and compliance officers should be aware of the selective application of laws in Zambia, particularly the Cyber Crimes Act, which can be used to silence journalists and suppress dissenting voices. This has significant implications for electoral integrity and freedom of expression.

Source: Original reporting via MISA Regional Preliminary Statement