The Law Association of Zambia (LAZ) has expressed deep concern over the recently enacted Cyber Security Act No. 3 of 2025 and Cyber Crimes Act No. 4 of 2025, warning that the laws threaten fundamental constitutional rights and democratic principles.
In a formal statement issued on Monday, 21 April 2025, LAZ stated that several provisions of the laws infringe upon the Bill of Rights, particularly freedom of expression and press freedom guaranteed under Article 20 of the Constitution.
“The new cyber laws hinder a free press and have the potential to undermine democracy in Zambia,” LAZ said in official statement.
“A free press is critical to good governance, democracy and constitutionalism,” LAZ added.
Why It Matters
LAZ argues that the legislation imposes sweeping restrictions on data disclosure, possession, and dissemination without adequate safeguards, posing risks to civil liberties, media freedom, and good governance. The group emphasized the danger of state overreach and politicization of cybersecurity.
The Zambian Government initially deferred the Bills following widespread stakeholder criticism, including LAZ’s request for transparent consultations. However, LAZ noted that the consultations were inadequate, and the laws were “hurriedly passed” without addressing key concerns.
Also read: Zambia’s New Cyber Law Triggers US Embassy Alert and Public Concern
The Association highlighted the following controversial provisions of the Cyber Crimes Act:
- Section 5 & 6: Prohibit unauthorized disclosure and possession of data classified as “critical information,” a term LAZ considers overly broad and vague.
- Section 19: Criminalizes misleading electronic headers, which LAZ warns could be used to prosecute journalists for misleading headlines.
- Section 21: Prohibits unauthorized disclosure of investigations, potentially jailing citizens for disclosing they are under state investigation.
- Section 22: Penalizes transmission of data deemed obscene or false, enabling subjective interpretations that may suppress dissent.
- Section 24(1)(b): Equates inciting ethnic division with terrorism, punishable by life imprisonment, a provision LAZ fears may be used against political opposition.
LAZ emphasized that placing the Cyber Security Agency under the executive’s control undermines impartial law enforcement and erodes public trust.
“The localization of the Cyber Security Agency under the President’s Office raises serious governance issues”.
The constitutional petition will test whether Zambia’s judicial system upholds civil liberties over cybersecurity concerns. The outcome may set a precedent for the balance between state control and individual freedoms in digital governance.
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