There has been unease expressed by the Law Association of Zambia (LAZ) about many of the provisions in Zambia’s new Cyber Security Act, which recently became law.
In a lengthy statement reviewing the progress of the law to date, it pointed out that, in December 2024, it had expressed serious concern that certain provisions of the proposed legislation risked undermining fundamental rights, such as the right to privacy and freedom of expression.
While it welcomed the resulting consultative process, it said that process fell short of meaningfully addressing the numerous concerns of stakeholders, including those expressed by LAZ.
Indeed, it says numerous provisions of the Act, which is now law, “infringe upon the rights and freedoms of citizens, hinder a free press and have the potential to undermine the cherished democracy in our country”.
People who are said to have offended against the provisions (there are quite a few) of this law may face fines or even imprisonment for a number of offences. In addition, as the ITWeb Africa news service explains, the law allows the interception and surveillance of all electronic communications, including calls, emails, messages and streamed content.
Spuki Mulemwa, Western Province coordinator for the ruling party, describes the Cyber Security Act as a progressive and necessary law to protect citizens from what he calls “wanton cyberattacks by disgruntled elements that are sponsored by some sections of society and politicians agitating for regime change”.
However, the legal community is not alone in worrying that the new law defines ‘critical information’ and potential crimes in very broad terms, allowing a subjective assessment of some offences, “with huge potential by the State to use the provisions to stifle dissent or opposing views”, as LAZ puts it.
There is also no exemption made for the press to freely disseminate computer data relating to matters of public safety, public health, economic stability, national security, international stability and sustainability.
Another problem is the localisation of the Zambia Cyber Security Agency in the Office of the President, operating at the general direction of President Hakainde Hichilema, as opposed to an independent institution. This raises serious issues relating to governance and oversight.
The fear overall appears to be that cybersecurity may be used as a tool for political control rather than national protection. Therefore LAZ says it will petition the High Court to review the constitutionality of the provisions which, it says, infringe on the rights and freedoms of citizens and a free press.
The BBC says the act was signed into law by President Hakainde Hichilema on 8 April with very little publicity. In fact, it adds, the first many Zambians knew about it was when the US embassy posted an alert on Facebook telling its citizens to be wary of a new “intrusive” cybersecurity law.
