Access to Information Clause In Draft Zambian Constitution

4 May 2012

The first draft Constitution for Zambia was released April 30 and includes a provision on access to information.

The 253-page document was hailed by media groups as progressive for its clauses on media freedom.

Separately, a task force is preparing a freedom of information law.

The access to information provision states:

37. (1) A citizen has the right of access to- (a) information held by the State; and (b) information that is held by another person; which is lawfully required for the exercise or protection of any right or freedom. (2) A person has the right to demand the correction of untrue or misleading information recorded or published with respect to that person. (3) The State has the obligation to publicise any information that is in the public interest or affects the welfare of the Nation.

 The draft Constitution also addresses privacy, stating:

34. (1) All persons have the right to privacy, which includes the right not to have – (a) their person, home or property searched; (b) their possessions seized; (c) information relating to their family, health status or private affairs unlawfully required or revealed; or (d) the privacy of their communications infringed.

TheTimes of Zambia reported favorably  on the media provisions.

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