TIKTOKER Y – M JAILED FOR 12 MONTHS OVER HATE SPEECH
The Livingstone Magistrate’s Court has handed down a 12-month prison sentence to 28-year-old TikToker Francis Kabwe Kapwepwe after finding him guilty on two counts of hate speech. The court found that Kapwepwe’s comments, made through his social media platforms, specifically targeted and humiliated the Tonga-speaking community, inciting division and animosity based on ethnic lines.
In delivering her judgment, Magistrate Thabita Muleya emphasized that hate speech, especially when disseminated through influential platforms like social media, poses a significant threat to national unity and peaceful coexistence. She pointed out that the convict’s words were not only offensive but deliberately crafted to demean and belittle a specific ethnic group, which could have far-reaching implications if left unchecked.
The prosecution presented strong evidence, including video and audio recordings, screenshots, and testimonies from individuals who had viewed or been directly affected by the content. According to Magistrate Muleya, the evidence was irrefutable, leaving no doubt about the defendant’s intent and actions. She remarked that such behavior undermines the country’s values of respect and tolerance among its diverse cultural groups, thus warranting a strict legal response.
During the trial, Kapwepwe attempted to defend himself by claiming that his social media accounts had been hacked and that he was not responsible for the offensive posts. However, forensic experts presented evidence linking his devices and accounts to the content in question, dismantling his defense. Witnesses also testified about his history of making provocative remarks online, further cementing the prosecution’s case.
In her final remarks, Magistrate Muleya noted that while freedom of speech is a fundamental right, it does not extend to language that incites hatred or discrimination against others. She expressed hope that the sentence would serve as a deterrent to others who might consider using digital platforms to spread hate and division. The court’s decision reflects a growing commitment within the judiciary to address the rising incidents of online hate speech, which have become more prevalent with the widespread use of social media in Zambia.
Kapwepwe will serve his sentence at the Livingstone Correctional Facility, where he will also be required to undergo counseling on the dangers of hate speech and the importance of fostering unity in a multicultural society.
Josias Muuba
