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Zambia’s Cyber Laws: Safety or Surveillance?

Lusaka: It has been almost three months since Zambia's president, Hakainde Hichilema, signed the Cyber Security and Cyber Crimes Acts of 2025 into law. His supporters hailed the laws, calling them progressive, and said they would help fight digital crimes and improve national security. But rights groups maintain the laws, especially the Cyber Crimes Act, are undemocratic, and stifle freedom of expression and speech.

According to Deutsche Welle, Mulambo Haimbe, Zambia's Minister of Foreign Affairs and International Cooperation, stated that the legislation is meant to protect citizens online and not stifle fundamental freedoms. He emphasized that the perception of the cyber laws as intrusive is incorrect and that the government's intention is not to intercept personal communication or invade privacy. Oliver Shalala Sepiso, a media consultant for the ruling United Party for National Development (UPND), also defended the laws, asserting they are aimed at digital protection rather than citizen surveillance.

The enactment of the laws on April 8 was met with surprisingly little fanfare, with limited media coverage until a United States embassy alert in Lusaka highlighted concerns about the legislation's intrusive nature. Richard Mulonga, CEO of Bloggers of Zambia, noted the pressing need for cyber legislation to combat rampant cybercrimes like identity theft and online fraud, while also acknowledging provisions that could restrict free expression and digital rights.

Lungisani Zulu, President of the Law Association of Zambia, expressed his intention to challenge the new law in court, citing its infringement on citizens' rights and freedoms, the hindrance of a free press, and the potential to undermine democracy. The new laws replace the Cyber Security and Cyber Crimes Act of 2021 and have already led to the arrest of individuals, such as Mbewe Sibajene, for circulating content deemed abusive and defamatory.

Contentious provisions include criminalizing false information and vague definitions of indecent content, lacking protection for journalists covering sensitive issues. The Media Institute of Southern Africa (MISA) reported negative impacts on journalists, who now practice self-censorship due to fear of repercussions, affecting investigative journalism.

Tech-savvy young Zambians are divided over the new cyber laws. Kellys Mushota, a social media user and youth member of Zambia's Congress of Trade Unions, noted a reduction in harassment online but also a decline in free speech on governance and politics. Kitwe-based researcher Joshua Seke voiced concerns about privacy, questioning the potential for government interception of private conversations.

Conversely, Lusaka resident Mary Ndau believes the laws will deter online abuse and promote responsible online behavior. Despite previously criticizing cyber laws as opposition leader, President Hichilema has enacted stricter cybersecurity measures. The West Africa Media Foundation has reported similar restrictive cyber laws in other African countries, highlighting a regional trend towards limiting freedom of expression and privacy.