Zambia’s Cybersecurity Bill: A Threat to Freedom and Democracy- LAZ

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The Law Association of Zambia (LAZ)

Zambia’s Cybersecurity Bill: A Threat to Freedom and Democracy

In a move that raises serious alarms for civil liberties and democratic integrity, the Zambian Government has proposed a Cybersecurity Bill that threatens to trample on the fundamental rights of its citizens. While the Government claims that the legislation is designed to combat cyber threats and terrorism, a closer inspection reveals that it could pave the way for widespread surveillance, censorship, and the erosion of privacy—without proper safeguards or oversight.

The Law Association of Zambia (LAZ) has rightly criticized the Bill, warning that its provisions are not only dangerous but also unconstitutional. The Bill, currently under review by the National Assembly, includes disturbing clauses that give the state unprecedented power to monitor citizens’ online activities without judicial oversight. Surveillance measures outlined in Parts V and VIII could enable mass data collection, giving authorities carte blanche to snoop on personal communications, track online behavior, and access private data, all with minimal checks and balances.



These provisions come at a time when the global trend is toward curbing mass surveillance. Yet, Zambia’s proposed Bill seems intent on heading in the opposite direction, jeopardizing the right to privacy and undermining the principles of democracy. If passed, it would allow the state to monitor citizens without justification or scrutiny, effectively treating every Zambian as a suspect.



But it gets worse. The Bill introduces dangerously vague terms like “misinformation” and “national security threat”—terms that are ripe for abuse and manipulation. With no clear definitions, these terms could easily be weaponized against anyone who dares to voice dissent or challenge the Government. In a climate where political opponents, journalists, and ordinary citizens are already at risk of intimidation, these open-ended terms could be used to silence critics and stifle free expression. This is a direct assault on the right to freedom of speech, an essential pillar of any democracy.

The proposed Bill also ignores the core principle of judicial oversight. Under the new provisions, surveillance can be authorized without a court order, effectively placing unchecked power in the hands of the executive. This is a recipe for abuse. The notion that the Government could surveil individuals and collect personal data without any form of accountability is chilling.

The Law Association of Zambia, in its statement, rightly calls for clear definitions of key terms, mandatory judicial oversight for surveillance requests, and penalties for misuse of powers. The proposal, as it stands, is a clear overreach, one that could set back Zambia’s democratic progress by decades.

What is perhaps most concerning, however, is the Government’s apparent rush to push this Bill through Parliament without proper consultation. Civil society, human rights groups, and the general public are being shut out of a process that could fundamentally reshape the way Zambians interact with technology and the state. The lack of transparency is alarming. If the Government truly cares about the rights of its citizens, it should engage in an open and inclusive dialogue, ensuring that the voices of all stakeholders are heard before pushing forward with such an invasive and authoritarian piece of legislation.

In this age of digital transformation, cybersecurity is undeniably important. But the protection of national security cannot come at the cost of personal freedoms. The Government must reconsider this Bill and ensure that it aligns with international human rights standards. The Budapest Convention on Cybercrime, for example, offers a balanced approach to cybersecurity that safeguards individual freedoms while protecting national security.

The Zambian Government has a duty to protect its citizens, but it must do so without sacrificing the very freedoms that make Zambia a democracy. Until that balance is found, this Cybersecurity Bill must be shelved—before it becomes a tool for oppression rather than protection.

Zambia deserves better. We cannot allow our rights to be sacrificed on the altar of national security. The Government must take a step back, engage in genuine consultations, and create a Bill that serves the people, not the political elites.

If this Bill passes in its current form, it will be a dark day for Zambia’s democracy—and a victory for those who seek to control and surveil every aspect of our lives.

KUMWESU DEC 5, 2024

1 COMMENT

  1. Where is this so called bill so that we read it for ourselves?
    All these perspectives and opinions that you throw at us, hardly give us the opportunity to evaluate the bill. They are your opinions that show how politically slanted. Remember the JCC case? And your opinion? Was it objective? Similarly without us seeing the bill we can hardly believe or appreciate your opinion

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