J25
which
does
not meet
the argument
the majority
that the law could
definition
be used
or abused
of news
the prosecution
essentially to permit
of truth
and
lends
force to
in circular fashion
in the
is unpopular
which
ears of those in authority.
Part of the argument on behalf of the State was that it is only those false
discord
which have a negative impact of causing
reports or rumours
statements,
which
of the
who
as for persons
as well
in Zambia,
circulating
tabloids
for the jokers
case, the law is intended
case as well as in the ZUNDEL
The short
seriously believe in the ideas they seek to communicate.
answer to the argument
fear and
different
alarm
in the
provocation.
I do
not
human
is that indeed
with
temperaments
therefore
accept
that
majority
the
causing
are made
beings
excitable
are
who
some
the effect of
have
may
that false news
public
not
and
But as was observed in the OBBO
harmless though mischievous stories.
like some
67,
Section
under
for prosecution
intended
are
at
or
the
of
least
even
the
Court’s perception as to the possible effect of the false news ought to be a
criteria in the enforcement
That then takes me
of a law.
to a consideration
of the derogations
freedom of expression under the constitution.
here
that
the
“Scandalum
13th
Century
Magnatum”
was
English
Statute
abolished
to the right to
Before I do so, let me state
that
created
in England
in
the
1887.
offence
of
If it was
found to be undesirable by its originators as far back as the 19th century,
can there be justification for its retention by Zambia,
I do not find any such justification.
two centuries later?
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