The advisory issued by the United State’s Embassy notes that the new Zambian cybercrime law enforces the monitoring of phone calls, emails, text messages, and streamed content, to determine whether they contain what the law describes as “critical information”.
“As this new law introduces an intrusive surveillance ecosystem significantly different from privacy protection provisions that prevail in many countries, the embassy of the United States encourages Americans living in Zambia or considering visiting the country to carefully assess the implications of this law and adjust accordingly,” the US statement said.
While the Zambian government defends the legislation as a necessary tool to combat online fraud, child pornography, and the spread of disinformation, critics warn it poses a serious threat to privacy and could be used to justify mass surveillance.
The move has sparked a growing debate about surveillance, civil liberties, and the future of digital freedom in Zambia.
Zambia’s moves to quell rising fears
Following the alarm raised by the U.S. Embassy, Zambia’s Ministry of Foreign Affairs issued a statement defending the controversial Cyber Security Act, insisting that the law is “not intended to invade any person’s privacy” regardless of nationality.
“The law does not authorize mass or random surveillance. Any interception or data request requires a court-issued warrant,” the statement read.
It added that the classification of “critical information” pertains strictly to matters of national security and that any assessments or actions taken are handled by authorized institutions, in accordance with due process.
However, critics remain unconvinced.
As reported by the BBC, there are growing fears that the law could be used to silence dissent, especially ahead of Zambia’s general elections next year.
Of particular concern is a provision that empowers law enforcement officers, with a warrant, to enter any premises and seize computers or systems containing material considered evidence of a crime or acquired through criminal means.
The law, signed by President Hakainde Hichilema on April, 8 with minimal public notice, also allows the extradition of Zambian nationals accused of offences under the legislation and prescribes penalties ranging from fines to prison terms of five to fifteen years, depending on the nature of the offence.
Another contentious clause mandates Information and Communication Technology (ICT) companies to proactively intercept all electronic communications—a sweeping requirement that has alarmed privacy advocates.
Civil society groups challenge new law
Zambian civil society organizations have taken the government to the High Court, challenging the constitutionality of the Cyber Security and Cyber Crimes Act.
Groups including Chapter One Foundation, Bloggers of Zambia, and the Alliance for Community Action argue that the law threatens freedoms of expression and legal protection. They are calling for the act to be declared unconstitutional.
Critics say the law enables state surveillance, including potential access to private conversations without court orders, and mandates service providers to allow real-time monitoring through a Central Monitoring and Coordination Centre.
