Zambia’s Cyber Laws
Zambian authorities maintain that the recently enacted cybersecurity laws aim to protect citizens from online fraud and identity theft.
However, critics contend that these regulations pose a risk to freedom of expression.
It has been almost three months since President Hakainde Hichilema signed the Cybersecurity and Cyber Crimes Act of 2025 into law.
Proponents of the legislation have lauded it as a significant advancement, asserting that it will strengthen efforts against digital crime and enhance national security.
In contrast, human rights advocates argue that the laws, especially the Cyber Crimes Act, are undemocratic and stifle freedom of speech and expression.
The legislation allows for the interception and surveillance of all electronic communications, including phone calls, emails, messages, and streamed content.
Furthermore, the Zambia Cyber Security Agency has been restructured, transitioning from an independent entity to one under the Office of the President.
Breaches of these laws incur severe penalties, which may include extradition for Zambians living abroad and harsh sentences ranging from fines to imprisonment for periods of two to 25 years, depending on the nature of the offense.
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Intrusive Legislation
Mulambo Haimbe, Zambia’s Minister of Foreign Affairs and International Cooperation, stressed that the purpose of the legislation is to protect citizens online rather than encroach upon fundamental freedoms.
“This idea that the cyber laws are meant to intrude into personal information indiscriminately is incorrect,” he stated during a press briefing in Lusaka.
“It is crucial to grasp the context, contrary to assertions that the government seeks to intercept communications or invade personal devices,” he added.
Oliver Shalala Sepiso, a media consultant for the ruling United Party for National Development (UPND), also defended the new cyber laws, claiming they prioritize data protection over citizen surveillance.
Despite being framed as protective measures against digital crimes and identity theft, the laws’ implementation on April 8 garnered little public attention. Most Zambians learned about the new regulations through a warning from the United States embassy in Lusaka regarding their invasive nature.
“Cyber legislation is vital to combat widespread cybercrimes like identity theft and online fraud,” remarked Richard Mulonga, CEO of Bloggers of Zambia.
“However, certain provisions could restrict free expression, including rights related to assembly and association, as well as broader digital rights.”
Lungisani Zulu, President of the Law Association of Zambia, announced plans for his organization to challenge the new law in court.
“Many provisions of the Act violate citizens’ rights and freedoms, hinder a free press, and could jeopardize the democracy we cherish in our nation,” Zulu stated.
Threats to Free Speech
The new laws replace the Cyber Security and Cyber Crimes Act of 2021, which was enacted under former President Edgar Lungu. Under these regulations, Zambian police arrested Mbewe Sibajene in April 2024 for sharing satirical memes and videos that ridiculed government officials and institutions. Authorities claimed the memes were abusive, defamatory, and aimed at inciting public disorder against state institutions.
Among the contentious provisions are those that criminalize the spread of “false information,” vague definitions of indecent content, and a lack of protections for journalists covering sensitive national issues.
The Media Institute of Southern Africa (MISA), a regional media watchdog operating in eight African countries, reports that the new law has already negatively impacted journalists.
“Journalists are now working in fear, as they must engage in self-censorship while reporting, uncertain of the consequences of their work,” stated Kennedy Mbulo, vice chairperson of MISA Zambia. “This has also impeded investigative journalism, as recording individuals could potentially be used against them.”
Young, tech-savvy Zambians are divided regarding the new cyber laws.
Kellys Mushota, an active social media user and youth member of Zambia’s Congress of Trade Unions, has noticed changes in online behavior.
“The implementation of this law has led to a reduction in harassment and the way social media users engage in it. However, it has also lessened people’s willingness to speak freely on governance and political matters,” he noted.
Joshua Seke, a 22-year-old researcher from Kitwe, expressed concerns about the potential interception of private conversations by authorities.
“Does this mean I can no longer share a laugh with my girlfriend online? Is the government really going to monitor everything we do?” he questioned.
Conversely, 31-year-old Lusaka resident Mary Ndau believes the laws will deter online abuse.
“People will behave appropriately online; they will avoid expressing negative behaviors or bullying others, as they will face legal consequences,” she stated.
From Critic to Enforcer
As an opposition leader, President Hichilema often criticized cyber laws, labeling them as tools for government surveillance. Yet, he has now enacted even stricter cybersecurity regulations.
Edrine Wanyama from CIPESA (Collaboration on International ICT Policy for East and Southern Africa) noted that cybersecurity legislation is not unique to Zambia, with neighboring countries such as South Africa, Zimbabwe, Namibia, and Malawi also adopting similar laws.
“Countries frequently borrow practices from one another, perpetuating a cycle,” the lawyer explained. “This trend continues to affect the continent, with these laws proving effective for governments in limiting freedoms of expression, access to information, and rights to assembly and association in online spaces.”
The West Africa Media Foundation has also reported a rise in restrictive cyber laws that infringe upon freedom of expression and privacy in countries like Nigeria, Cameroon, Ivory Coast, Benin, and Niger.
