ANDD CALLS ON GOVERNMENT TO WITHDRAW THE CYBER SECURITY AND CYBER CRIMES BILL
….the bill contains several provisions that pose a serious threat to these democratic principles
Lusaka… Thursday December 5, 2024 (SMART EAGLES)
The Advocates For National Development and Democracy (ANDD) has opposed the Cyber Security and Cyber Crimes Bill which, saying in its current form, represents a direct threat to the fundamental freedoms that underpin the democracy, specifically, the critical right to freedom of expression.
The organization says freedom of expression is a cornerstone of democratic societies.
ANDD Executive Director Samuel Banda says it is a fundamental human right enshrined in the Universal Declaration of Human Rights and Zambia’s own Constitution.
Mr Banda is of the view that in any thriving democracy, the ability to freely exchange ideas, critique government actions, and engage in open public discourse is indispensable.
He stated that this ensures that the voices of the people, especially those critical of the government, are heard, fostering accountability, transparency, and the promotion of good governance.
“The government of Zambia has recently tabled the Cyber Security and Cyber Crimes Bill, a proposed piece of legislation that has raised grave concerns among civil society organizations, media practitioners, legal experts, and citizens at large. The Cyber Security and Cyber Crimes Bill, as currently drafted, contains several provisions that pose a serious threat to these democratic principles. Most troubling are its vague and broad clauses, which risk criminalizing legitimate online activities such as blogging, tweeting, or engaging in online debates. These provisions give sweeping powers to government authorities, including the potential for arbitrary arrests and censorship, based on undefined or overly broad interpretations of what constitutes a “cybercrime” or a “security threat.” This bill would allow the government to regulate and control online speech under the guise of protecting national security, while in reality, it would be a tool for silencing dissent and stifling the free flow of information,” he said.
“Furthermore, the bill fails to guarantee clear protections for the right to freedom of expression, leaving individuals exposed to the risk of prosecution for simply expressing their opinions or criticizing those in power. The ambiguity of key terms like “disinformation,” “false information,” and “harmful content” is concerning, as it could lead to the arbitrary punishment of individuals based on subjective or politically motivated interpretations. This kind of overreach not only threatens the right to free speech but also undermines the very principles of justice and fairness that our legal system is built upon.”
Mr Banda firmly believed that security and freedom are not mutually exclusive.
He noted that it is possible to protect the nation from cybercrime without sacrificing the right to free expression.
“What Zambia needs is not a draconian piece of legislation that criminalizes dissent but a comprehensive and well-balanced approach to cybersecurity that ensures public safety while respecting the rights of citizens. A clear, transparent, and accountable framework for cybersecurity can be implemented without curbing the freedoms that allow for healthy debate, innovation, and the proper functioning of our democracy,” he added.
“In light of these concerns, we call on the Zambian government to withdraw this bill in its current form and engage in a genuine, inclusive consultation process with all relevant stakeholders, including civil society, the media, legal experts, and the public, to craft a more balanced, rights-respecting piece of legislation. Zambia must stand firm in its commitment to upholding the principles of democracy, human rights, and the rule of law, not by stifling voices of dissent but by fostering a society where every citizen can express themselves freely, without fear of reprisal.”
He further believed that the strength of Zambia’s democracy lies in its respect for fundamental freedoms, thats freedom of speech, expression, and the press.
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