The Cyber Security Bill has been withdrawn and deferred indefinitely

Amb. Emmanuel Mwamba writes:

Draconian Bills Designed to Clamp Down on Freedom of Speech and Social-Media, Withdrawn

Well done MPs, well done Civil Society Groupings, well done all.

Government has deferred Bill No. 17 clamping down on freedoms of speech and expression proposing jail sentences of upto 20 years for hate speech, a bill that prolosed amendments to the Cyber Security and Cyber Crimes Act of 2021 and Bill No. 30 of 2024, Cyber Crimes Bill, a new proposed law that would clamp down on social-media.

If passed the bills would have severely undermined the freedom of speech, access to information and freedom of expression.

Minister of Home Affairs and Internal Security Jack Mwiimbu informed Parliament when the Bills came up for second reading in the House, that the Bills would be deferred for further consultations.

Below was my commentary on the same;

Cyber Crimes Bills, Government’s Crimes Against Citizen

Amb. Emmanuel Mwamba wrote;

The Government of President Hakainde Hichilema has introduced two bills of concern in Parliament;

1. Bill no. 17 of 2024 intended to raise imprisonment of up to 20 years for offenses related to hate speech.

2. Bill no 30 of 2024, a new law to tackle cyber crimes, protect persons against cyber crimes and provide child online protection.

Although the proposed laws are intended to curb hate speech, cyber crimes and privacy protection, and online protection for children, a scrutiny of these proposals immediately reveals the government’s clear intention to heavily clamp down on social media.

Similar to the Cyber Security and Cyber Crimes Act of 2021, a decent law designed to curb rising cyber crimes and provide cyber security, was sadly turned into a law to clamp down on freedom of information, freedom of expression and right to hold and express opinions.

In this case, government has sneaked in, ridiculous and repressive proposals in the bills that literally outlaw publication of data or information that may not be favorable to Government or public officials seeking to hide in privacy protection and the proposed law has provided punitive measures in form of heavy fines or imprisonment of up to twenty (20) years.

In my earlier article  I have already tackled proposed amendments in Bill no.17 of 2024.

But here are some propasals in Bill No. 30.of 2024, Cyber Crimes Bill of 2024.

The proposals are crafted in wide and undefined terms, seeking to literally prohibit freedom of expression and the right to hold opinion and commentary.

These proposed laws also literally outlaw publishing of whistle-blower material that usually exposes abuse of office, corruption, and illegalities that could be committed by public officials.

The laws, if enacted, will be the most draconian and archaic laws that have graced our Parliament and will infringe on serious freedoms and rights of citizens, especially freedoms of expression.

The provisions will likely be subject to wanton abuse by law enforcement agencies against citizens, especially critics of government.

Further, the accompanying punitive measures of upto 20 years imprisonment for hate speech and 15 years for breach of handling of private information attract jail sentences that are excessive, repressive and allow President Hichilema to literally outlaw criticism and legislate a dictatorship.

Here are some examples;

●If you access or check messages of another person (fine or imprisonment of up to five years)

● If you delete messages, information, or data of another person (fine or imprisonment up to five years)

● If you communicate, disclose, or transmit data, information, or critical information or program (fine or imprisonment of seven (7) to fifteen (15) years)

● If you release information without lawful authority ( fine or seven (7) years to fifteen (15 years) years imprisonment).

● Recording conversations without prior notice or consent (fine or two (2) years in imprisonment)

● Importation, purchase, or download of apps that can access or cause damage to another computer device (fine or five (5) years).

● If you humiliate, harrass another person online ( fine or two (2)years).

● if you publish obscene, lewd, indecent material intended to humiliate or harrass another person (fine or five (5) years)

● If you publish material that embarrasses, humiliates, public ridicule, contempt, cause embarrasment of another person (fine and two years imprisonment or both).

● Wide powers of forfeiture given to law enforcement agencies.

Other crimes cited relate to identity theft, cyber crimes, and protection of persons against cyber crimes pornography and child online protection maybe useful but its the proposals related handling of Information and punitive measures that are of serious concerns.