Freedom of expression and the right to privacy:How can these rights be reconciled in Zambia?

Abstract

Freedom of expression is no doubt relevant for any democratic society. This right has encountered a number of challenges in most developing countries and particularly in Zambia. However, even in the midst of all the challenges the enjoyment of freedom of expression has continued to grow in Zambia. The existence of this right is side by side with other right such as the right to privacy. The right to privacy has a scanty definition in the Zambian Constitution unlike other jurisdictions. Furthermore, the right to privacy has not been defined by any court in Zambia and this is another reason why it remains so vague. It has been established that in the exercise of the right to freedom of expression there is need for access to information as well as dissemination of information. This has not been well regulated due to lack of a proper media regulation and this has caused conflict with the right to privacy which has been defined in other jurisdictions to mean physical or bodily privacy, information or data privacy as well as communication privacy. Therefore, it is necessary to ensure that the two rights should be reconciled because in Zambia and it has been established that such reconciliation is not present following lack of laws protecting the right to privacy. Conflict is usually encountered between an individual's right to freedom of expression and another's right to privacy or the media's right to press fi-eedom and individuals' right to privacy. It has clearly been established that for Zambia to maintain as a democratic society there is need to reconcile the right to privacy and the right to freedom of expression which rights are not properly balanced from what has been established in this paper.