GRACE CHAILE
Lusaka
LUSAKA Principal Resident Magistrate Idah Phiri has cautioned Zambians against making unsubstantiated claims that could bring the office of the President into disrepute or cause embarrassment.
Ms Phiri said this when she sentenced blogger Joseph Chishimba to nine months’ imprisonment with hard labour for circulating a screenshot alleging that Special Assistant to the President for Public Policy Chipokota Mwanawasa was pregnant by a “guy at State House”.
Chishimba, 47, of Jack Township, was facing one count of publication of information contrary to Section 54 of the Cyber Security and Cyber Crimes Act No. 2 of 2021.
The trial court said there was a need to incarcerate Chishimba to send a strong message to would-be offenders, considering the potential impact of disseminating unverified information concerning the highest office in the land.
“Disseminating unverified information concerning the highest office of the President has the potential to destabilise public confidence and credibility and create unnecessary tension,” Ms Phiri said.
She said cyber-related offences are becoming prevalent and alarming, requiring punishment capable of deterring would-be offenders.
The magistrate also urged members of the public to verify information before sharing it online.
“With the way social media is, there is need for all of us to start verifying information before we share it,” the adjudicator said.
The court heard that between October 9 and 14, 2024, in Lusaka, Chishimba used a mobile phone to post a screenshot from a Facebook page in a WhatsApp group called “Zambia Politics”.
The screenshot was accompanied by a caption claiming that Ms Mwanawasa, daughter of former President Levy Patrick Mwanawasa, was pregnant for a guy at State House.
During the trial, Ms Mwanawasa told the court that the accusation brought shame to her name, family and the presidency.
She said she learnt about the assertions while she was on official duty in Greece.
Witnesses called to testify told the court that the message was understood to mean that Ms Mwanawasa was in a relationship with President Hakainde Hichilema and was pregnant for him.
Chishimba denied originating the material, saying he received it from a person identified as Charles Kakula but denied sharing it in the WhatsApp group.
However, Ms Phiri found that the prosecution had proved its case beyond reasonable doubt and that Chishimba’s subsequent transmission of the material constituted publication.
The offence attracts a fine not exceeding 500,000 penalty units, equivalent to K200,000, or imprisonment for a period not exceeding two years, or both. https://enews.daily-mail.co.zm/welcome/home
