Chilisa defends naked Khama picture

Attorney Mboki Chilisa said the Constitution protects both respectful and disrespectful speech. “The exercise of free expression can be extremely painful and extremely unpopular. It is when it is most painful and unpopular that it deserves protection. There is greater good in protecting unpopular, disrespectful and painful speech than in seeking to punish it,” Chilisa said.

He explained while he does not condone what has been done, he does not believe that parody is actionable in law. “Parody or satire doesn’t cross the line. If it crosses the line then it can’t be parody,” he said citing a case Hustler Magazine v. Falwell - an old US Supreme Court case where Hustler had published an image of the well respected priest Jerry Falwell, portraying him as an incestuous drunk who has sex with his mother.