By Emelia Lupiya
The Committee to Protect Journalists (CPJ), an independent,
nonprofit organization advocating for press freedom worldwide, has asked the Zambian government to immediately withdraw and the cyber crimes and cyber security bills from the national assembly.
In a letter to home affairs minister Jack Mwiimbu and technology and science minister Felix Mutati, the two ministers sponsoring the bills in the House, CPJ head of Africa program, Angela Quintal, expressed concern about the two bills, saying they pose a significant threat to journalism in Zambia if enacted into law in their current state.
“We urge you to withdraw both bills from the National Assembly and undertake a comprehensive
review that aligns them with constitutional protections of freedom of the press in
Zambia as well as regional and international standards on freedom of expression,” Quintal stated.
The Ministry of Science and Technology and the Ministry of Home Affairs and Internal
Security tabled both cyber laws in Parliament in November 2024, to replace the problematicCyber Security and Cyber Crimes Act of 2021.
“We welcomed the National Assembly’s December decision to defer decision-making on the two bills, following concerns by civil society that they lacked adequate human rights safeguards. We were further encouraged to learn that President Hakainde Hichilema said he was open to further dialogue with civil society on the two bills. We
now urge you to withdraw the proposed laws, to pave the way for the envisioned consultations,” Quintal stated.
She stated that a CPJ review of the bills found that while they contained several important provisions,
there were numerous others that could undermine freedom of expression.
It cited the cyber crime bill’s stipulation of prison terms for the dissemination of false information that “causes damage to the reputation of another person” or
“subjects another person to public ridicule, contempt, hatred or embarrassment”, which could be weaponized against critical journalism and amount to criminalization of defamation.
“The African Commission on Human and Peoples’ Rights (ACHPR) has said ‘criminal defamation laws constitute a serious interference with freedom of expression’ and that they undermine ‘the role of the media as a watchdog’. The
ACHPR has also called on states to repeal laws that criminalize publication of false news. It is therefore, deeply disappointing that Zambia is considering enacting
regressive laws, relative to regional standards on decriminalization of speech,” Quintal stated.
“Further, provisions on the criminalization of ‘unauthorised disclosure’ and possession of ‘critical information’ do not contain adequate public interest safeguards. As ‘critical information’ is defined broadly as data that ‘relates to public safety, public health, economic stability, national security, and international stability’, these provisions have the potential to undermine investigative journalism.”
CPJ further notes that there Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
and the Bloggers of Zambia have noted that both draft laws grant the state broad digital surveillance and search and seizure powers, without clear time limits, adequate judicial oversight or provisions requiring transparency for law enforcement
action.
For instance, the bills would give law enforcement officers discretion to expand searches and seizures to computers and other devices not included in court warrants if they have “reasonable grounds to believe” that information they seek is stored in those devices.
“We echo concerns expressed by the Zambian civil society organization, Chapter One Foundation, in their parliamentary submission, that this
could undermine constitutional rights to privacy. It could also enable law enforcement to arbitrarily access sensitive information, including about sources,
stored on journalists’ devices. Protecting sources is the bedrock of journalism and an ethical imperative; without this protection, journalists cannot effectively fulfill their
role,” Quintal stated.
She noted thatPresident Hichilema has previously promised to reform Zambia’s existing cyber crime
legislation to ensure that the media operate freely and to protect the public.
“The concerns outlined above in this letter, while not exhaustive, demonstrate that the
current drafts of the Cyber Security Bill 2024 and Cyber Crimes Bill 2024 fall short of fulfilling President Hichilema’s promises. Therefore, we respectfully urge that you
withdraw the two bills from the National Assembly and to ensure that they are reviewed, in an inclusive consultative process, to protect rather than undermine
freedom of expression and freedom of the press. We are available for further discussions about Cyber Security Bill 2024 and Cyber
Crimes Bill 2024 as well as any other press freedom concerns in Zambia,” stated Quintal.