Abstract

The right to freedom of expression is at the core of democracy. It means the right not to be prevented from speaking or not to be punished for speaking, based on the alleged unacceptability of an idea. It grants protection no matter the content of the message, because the exchange of ideas is valuable for reasons other than the substantive qualities of what is said and worthy of protection. However, the proliferation of social media has brought with it various challenges, such as “fake news” and increased levels of defamation. This has led to calls for certain social media sites to be regulated. This chapter focuses on the situation in Zambia. It aims to demonstrate that there is no need for regulation, as the laws of Zambia are already restrictive enough on freedom of expression. There is no need to introduce additional measures, such as banning social media or further restricting the press. The chapter examines freedom of expression in Zambia, its necessity in a functional democracy, and the manner in which it is restricted. It challenges the creeping excision of citizens’ rights to freedom of expression.