Authorities in Zambia have announced measures to tighten enforcement of cybersecurity laws, saying the move is aimed at curbing online hate speech, propaganda, defamation and child abuse. But critics say the change is aimed at clamping down on freedom of expression.
Zambian Home Affairs and Internal Security Minister Jack Mwiimbu told journalists this week that the government has activated section 54 of the 2021 Cybersecurity and Cybercrimes Act.
“A person who with intent to compromise the safety of another person publishes information or data presented in a picture, image, symbol or voice or any other form in a computer system commits an offense and is liable on conviction to imprisonment for a term not exceeding five years,” Mwiimbu said.
“The public is urged to adhere to the law and avoid social media posts that may make them come into conflict with the law,” he said.
Mwiimbu also warned administrators of social media platform WhatsApp to remove what he called illegal posts made in bad faith, saying they will be held responsible for any publication of such information.
Analysts say whatever the stated intentions of the cybersecurity crackdown may be, the wording of the law is broad, vague and could be used to stifle media freedom.
Lorraine Mwanza, chair of the Zambia chapter of the Media Institute of Southern Africa, said she dislikes the section of the cybersecurity law authorities say they will tightly enforce.
“This section is inimical to freedom, to freedom of expression, media freedom and meaningful accountability, especially on public officials who can easily invoke this section of the act,” she said.
In a statement on social media platform X, Musa Mwenye, the former attorney general and president of the Law Association of Zambia, joined the many who have spoken out against the Zambian government’s move.
Human rights activist Juliet Chibuta said the new measures are a violation of digital rights.
“Digital and other online platforms must be left open to allow citizens to participate,” she said. “Digital rights entail the ability for citizens to enjoy their rights of freedom of expression [and] access to information online without hindrance.”
The Southern Africa Center for the Constructive Resolution of Disputes, a human rights organization, criticized the online restrictions.
Arthur Muyunda, acting executive director of the group, said, “For them to invoke the section, it shows that they are also determined to shrink the civic space, which has already been shrinking using other laws. We appeal that they should reverse that invocation as it will suppress the voices of the people.”
During her visit to Zambia in 2022, Amnesty International Secretary General Agnes Callamard urged authorities to repeal legislation that can be used to clamp down on public dissent, including the Public Order Act and the Cybersecurity and Cybercrimes Act.
Callamard said the two laws have been used to suppress human rights, especially freedom of assembly and expression in Zambia.
