Post: 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 intended to protect citizens online and not to stifle fundamental freedoms. He emphasized that the laws are not meant to intrude into personal details without cause. Oliver Shalala Sepiso, a media consultant for the ruling United Party for National Development (UPND), also defended Zambia's new cyber laws, asserting that they are focused on digital or data protection rather than surveillance of citizens.

The laws, intended to protect Zambians from digital crimes and identity theft while enhancing national security, were enacted on April 8 with minimal attention. Awareness among Zambians was primarily raised through an alert from the United States embassy in Lusaka, highlighting the legislation's intrusive nature. Richard Mulonga, CEO of Bloggers of Zambia, noted the necessity of cyber legislation to combat rampant cybercrimes like identity theft and online fraud. However, he expressed concerns about provisions that might restrict free expression and broader digital rights.

The Law Association of Zambia, led by President Lungisani Zulu, plans to challenge the new law in court, citing that numerous provisions infringe upon citizens' rights and freedoms, hinder a free press, and potentially undermine Zambia's democracy. The legislation replaces the Cyber Security and Cyber Crimes Act of 2021, under which arrests were made for circulating satirical content deemed abusive and defamatory.

The Media Institute of Southern Africa (MISA) reported negative impacts on journalists due to the new law, stating that journalists now practice self-censorship due to fear of repercussions. This has affected investigative journalism, as recording individuals could potentially be used as evidence against them. The law's vague definitions and lack of protection for journalists reporting on sensitive issues have been contentious points.

Public opinion among tech-savvy young Zambians is divided. Kellys Mushota, a social media user and member of Zambia's Congress of Trade Unions, observed a reduction in online harassment but also noted a decline in open discussions about governance and politics. Researcher Joshua Seke expressed concerns about privacy, fearing government surveillance of private conversations. Conversely, Lusaka resident Mary Ndau believes the laws will deter online abuse and promote responsible behavior.

As an opposition leader, President Hichilema was a critic of cyber laws, viewing them as tools for government surveillance. However, his administration has enacted even stricter cybersecurity laws. The West Africa Media Foundation has reported similar trends of restrictive cyber laws impacting freedom of expression and privacy in other African countries.

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