Threats to Democracy and Rights

Civil Society, the Media, and Legal Experts Violently Oppose Cybersecurity Bills

By Francis Maingaila

Lusaka, Zambia – (5-12-2024) – A consortium of Civil Society Organizations (CSOs) has strongly opposed the proposed Cybersecurity, Cybercrimes, and Terrorism Bills, expressing concerns that the legislation, as it stands, poses a severe threat to democracy, human rights, and the privacy of Zambians. These bills are currently under consideration in Parliament.

Sera Longwe, Chairperson of Chapter One Foundation, voiced serious concerns at a media briefing today, emphasizing that the bills would grant the government sweeping powers to intercept communications, monitor citizens, and surveil online activities without sufficient oversight or safeguards.

Longwe warned that while regulating cyberspace is necessary, the excessive powers in the proposed bills could lead to their abuse, undermining public trust and infringing upon essential rights, including privacy and freedom of expression.

"These provisions, particularly the sweeping surveillance powers, could easily be misused to target individuals or groups based on subjective definitions such as 'misinformation' or 'national security threats'," Longwe stated. "We need a balanced approach that protects citizens' rights while addressing cybersecurity threats."

Lungidani Zulu, President of the Law Association of Zambia (LAZ), joined the chorus of opposition, pointing out that the bill’s vague language could result in arbitrary enforcement.

Zulu highlighted that terms such as "cybersecurity," "incident," and "interception" lacked clear definitions, which could leave room for potential misuse of power.

"The bill's provisions could undermine the rule of law," Zulu warned. "There is an urgent need for clearer guidelines and mandatory judicial oversight."

He called for the bill to be withdrawn for further consultation with all stakeholders, including legal experts, civil society, and the public.

Lorraine Mwanza Chisanga, Chairperson of MISA Zambia, further underscored the negative impact the bills could have on media freedom and freedom of expression.

"We are deeply concerned that provisions within the bills could be used to silence dissent and restrict the media’s ability to report freely. This is an assault on democracy," Chisanga stated. She highlighted proposed penalties for non-compliance with reporting requirements, which could have severe consequences for individuals and media outlets.

Chisanga also criticized the lack of transparency and the excessive powers granted to the Zambia Cyber Security Agency and the President, calling it an unchecked concentration of power.

"These provisions grant too much power to the Zambia Cyber Security Agency and the President, creating an unaccountable bureaucracy that undermines governance and transparency," she explained.

Speaking on behalf of Costa Mwansa, Chairperson of the Media Owners Association of Zambia (MOAZ), Chisanga echoed similar concerns, stressing the bill’s potential to violate privacy rights and overreach in surveillance. She cautioned that the vague language in the bills could lead to arbitrary enforcement, creating an atmosphere of fear that stifles free speech.

“These laws should not be used to suppress public discourse and curtail freedoms,” Chisanga warned.

MOAZ further raised alarm about the bill’s potential to target non-governmental organizations (NGOs), journalists, and civil society groups, subjecting them to punitive actions for simply reporting on cybersecurity issues or government practices.

"This regulatory framework could deter NGOs and the media from raising concerns or holding the government accountable," Chisanga said. "It is vital that civil liberties are protected while addressing legitimate cybersecurity concerns."

In response, the CSOs are calling on the government to reconsider the current draft of the Cybersecurity Bill. They have urged a more transparent review process and emphasized the need for the bill to align with international standards that balance national security with the protection of civil liberties and human rights.