By Hon. Castrol Kafweta – Jabari The Great
CHILUFYA TAYALI faces CYBER, HATE, & SEDITION CRIMES, and FREEDOM of SPEECH won’t work this time:
Below are the CRIMES committed by Chilufya Tayali in the recent broadcasts:
_(A) Under the Cyber Security and Cyber Crimes Act No 2 of 2021_ of the laws of Zambia –
1. _Section 54 of the Cyber Security and Cyber Crimes Act No. 2_ of the laws of Zambia says that
” A person who, with intent to compromise the safety of any other person, publishes information or data presented in a picture, image, text, symbol, voice or any other form in a computer system commits an offence and is liable, on conviction, to a fine of not less than five hundred thousand penalty units or to imprisonment for a term exceeding five years or to both”.
2. _Section 65 of the Cyber Security and Cyber Crimes Act No 2._ of the laws of Zambia says that
“a person who, using a computer system, knowingly without excuse, uses hate speech commits an offense and is liable on conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding two years or to both”.*
3. _Section 69 of the Cyber Security and Cyber Crimes Act No 2_ of the laws of Zambia says that
” Any person who, using a computer system intentionally initiates any electronic communication, with intent to coerce, intimidate, harass, or cause emotional distress to a person commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding five years or to both “.
4. _Section 72 of the Cyber Security and Cyber Crimes Act No. 2_ of 2021 of the laws of Zambia says that
” An offence under this Act shall be deemed to be a cognizable offence for the purposes of the Criminal Procedure Code.
(B) Under the Penal Code-
1. _Section 57(1)(b) of the Penal Code_ of the laws of Zambia says that
” Any person who utters any seditious words is guilty of an offence of seditious intentions and is liable on conviction to imprisonment for a period of seven years”.
2. _Section 60 (1) of the Penal Code_ of the laws of Zambia says that:
” Seditious intention is an intention:
(b) to bring into hatred or contempt or to excite disaffection against the government as by law established.
(e) to raise discontent or disaffection among the people of Zambia.
(f) to promote feelings of ill will or hostility between different communities or different parts of a community.”
3. _Section 67 of the Penal Code_ says that
” Any person who publishes, whether orally or in writing or otherwise, any statement, rumour or report which is likely to cause fear and alarm to the public peace, knowing or having reason to believe that such statement, rumour or report is false, is guilty of a misdemeanor and is liable to imprisonment for three years”.
4. _Section 69 of the Penal Code_ says that
“Any person who, with intent to bring the President into hatred, ridicule or contempt, publishes any defamatory or insulting matter, whether by writing, print, word of mouth or in any other manner, is guilty of the offense (of the defamation of the President) and is liable on conviction to imprisonment for a period not exceeding three years.