Supporting People who Speak Out

Zambia – Standards – Protection – Immunity

Zambia – Standards – Protection – Immunity

43. (1) A person is not subject to any liability for making a protected disclosure in good faith and no action, claim or demand shall be taken or made of or against the person for making the disclosure.

(2) Subject to the State Security Act, this section has effect despite any duty of secrecy or confidentiality or any other restriction on disclosure, whether or not imposed by an Act, applicable to a person.

56. (1) A person is not subject to any liability for making a public interest disclosure in good faith or providing any further information in relation to the disclosure to an investigating authority investigating it, and no action, claim or demand shall be taken or made of or against the person for making the disclosure or providing the further information.

(2) Without limiting subsection (1), in proceedings for defamation, a person has a defence of absolute privilege in respect of the making of a public interest disclosure, or the provision of further information in relation to a public interest disclosure, to an investigating authority.

(3) The defence of absolute privilege is not available where the making of a public interest disclosure is frivolous, vexatious or otherwise meets the conditions specified in section thirteen.

Referenced Legislation: Public Interest Disclosures Act (2010)

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