‘Zambia’s newly enacted cybercrime law challenged in court’ 6 April 2021

Zambian civil society organisations have approached the High Court in Lusaka accusing the government of violating the Constitution through the enactment of the Cyber Security and Cyber Crimes Act. Chapter One Foundation, Bloggers of Zambia, Gears Initiative, People’s Action for Accountability and Good Governance in Zambia and the Alliance for Community Action, argue that the new law contains provisions that threaten the right to protection of the law and the right to freedom of expression, among other constitutionally guaranteed rights. The civil society organisations want the Cyber Security and Cyber Crimes Act to be declared unconstitutional.

Among others, the Cyber Security and Cyber Crimes Act, seeks to promote the “responsible use of social media platforms”. The new act may also allow the government to listen to people’s conversations without a court order. Furthermore, the law orders that service providers should provide services that are “capable of rendering real-time and full-time monitoring facilities for the interception of communications”. This will be done through the setting up of a Central Monitoring and Coordination Centre through which intercepted communication and call-related information will be forwarded.

… The Act falls far short of regional and international standards and instruments on human rights such as the African Union Convention on Cyber Security and Personal Data Protection (Malabo Convention, which sets the standards for cybersecurity and personal data protection laws as well as capacity building, knowledge exchanges and experience sharing among signatories. President Edgar Lungu has previously warned that the Act may be used to deal with social media abusers. MISA Zimbabwe has already stated its position that there are real fears that governments in the region could soon be relying on cybersecurity laws to curtail freedom of expression and of the media.