Automated Summary
Key Facts
This judicial review case (2021/HP/0955) was brought by Chapter One Foundation Limited against the Zambia Information and Communications Technology Authority (ZICTA) for alleged regulatory overreach inhibiting access to information on telecommunication platforms. By consent, the High Court entered judgment on 21 March 2022 requiring ZICTA to act within its regulatory powers and notify the public of disruptions within thirty-six hours.
Issues
The case involved a dispute over whether the Zambia Information and Communications Technology Authority exceeded its regulatory authority by restricting access to information on telecommunication platforms, which could threaten consumer and constitutional rights. The parties settled by agreeing that the Authority would operate within its legal powers and provide public notifications of disruptions within 36 hours.
Holdings
The High Court issued a consent judgment requiring the Zambia Information and Communications Technology Authority (ZICTA) to refrain from actions outside its legal regulatory authority that inhibit consumer access to information on telecommunication platforms. ZICTA must also notify the public within 36 hours of any disruption to information access. Each party bears its own costs.
Remedies
- The court ordered each party to bear their own costs and incidental expenses related to the matter.
- The court ordered the Respondent to refrain from any act or omission outside their legal regulatory powers that would inhibit or interrupt the flow of information on telecommunication platforms, protecting consumer and constitutional rights.
- The court ordered the Respondent to inform the public of the cause of any disruption to information access on telecommunication platforms within thirty-six hours of the event.
Legal Principles
This consent judgment requires the Zambia Information and Communications Technology Authority to act within its legal regulatory powers to protect consumer access to information and constitutional rights, and to notify the public within 36 hours of any disruption.
Judge Name
Charles Zulu
Passage Text
- 2. That the Respondent shall, in the event of interrupted or inhibited access to information on all available telecommunication platforms under their control and/or regulation inform the public as to the cause of the disruption within thirty-six hours of the event.
- 1. That the Respondent shall not do any act or make any omission outside of their legal regulatory powers and authority which may inhibit or interrupt the flow of and uninhibited access to information on all available telecommunication platforms under their control and/or regulation where the interest of consumers and their consumer and constitutional rights are threatened.