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Zambia’s Cyber Laws: Balancing Safety and 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. However, rights groups argue that the laws, particularly the Cyber Crimes Act, are undemocratic and suppress 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 designed to protect citizens online and not to infringe upon fundamental freedoms. “This conception that the cyber laws are perhaps meant to intrude, to go into your personal details in a willy-nilly fashion is not correct,” Haimbe remarked at a press briefing in Lusaka.

Oliver Shalala Sepiso, a media consultant for the ruling United Party for National Development (UPND), also defended Zambia’s new cyber laws, emphasizing that they are intended for digital or data protection rather than citizen surveillance. Despite their aim to protect against digital crimes and enhance national security, the laws’ enactment on April 8 received minimal attention, with most Zambians only becoming aware through an alert from the United States embassy in Lusaka, warning of the legislation’s intrusive nature.

Richard Mulonga, CEO of Bloggers of Zambia, highlighted the necessity of cyber legislation to combat rampant cybercrimes like identity theft and online fraud. However, he noted that some provisions could potentially restrict free expression, assembly, association, and broader digital rights.

Lungisani Zulu, President of the Law Association of Zambia, expressed his intention to challenge the new law in court. He stated, “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.”

The new laws replace the Cyber Security and Cyber Crimes Act of 2021, which led to the arrest of Mbewe Sibajene in April 2024 for circulating satirical memes and videos mocking government officials. Among the contentious provisions are laws criminalizing so-called false information, vague definitions of indecent content, and insufficient protection for journalists reporting on sensitive national issues.

The Media Institute of Southern Africa (MISA) reported that the new law has negatively impacted journalists. Kennedy Mbulo, vice chairperson of MISA Zambia, stated, “Journalists are living in fear because whenever they are doing their stories, they need to now do self-censorship because they don’t know what is going to come out from what they are doing.”

Tech-savvy young Zambians are divided over the new cyber laws. Kellys Mushota noted some reduction in online harassment but also a decrease in willingness to speak freely on governance and politics. Joshua Seke expressed concern over the potential interception of private conversations by authorities. Meanwhile, Lusaka resident Mary Ndau believed that the laws would deter online abuse.

As opposition leader, President Hichilema criticized cyber laws as tools of government surveillance. However, he has now enacted stricter cybersecurity laws. The West Africa Media Foundation has reported a rise in restrictive cyber laws infringing on freedom of expression and privacy in countries such as Nigeria, Cameroon, Ivory Coast, Benin, and Niger.