By 
The Law Association of Zambia (LAZ) has announced it will petition the High Court to review the constitutionality of Zambia’s newly enacted cyber laws, citing serious infringements on fundamental rights and freedoms, including freedom of expression and the press.
In a statement dated April 21, 2025, LAZ President Lungisani Zulu said the Cyber Security Act No. 3 of 2025 and the Cyber Crimes Act No. 4 of 2025 posed a direct threat to constitutional liberties enshrined in the Bill of Rights, especially those under Article 20, which guarantees freedom of expression and press freedom.
“The new cyber laws hinder citizens’ rights, restrict a free press, and risk undermining democracy in Zambia,” Zulu stated.
LAZ originally raised concerns in December 2024 when the Bills were still under consideration, warning that several provisions were incompatible with democratic values and could violate rights such as privacy and freedom of expression.
While the Government deferred the Bills at the time for stakeholder consultation, LAZ argued that the process was inadequate and failed to address key concerns.
Among the contested provisions is Section 5 of the Cyber Crimes Act, which criminalizes unauthorized disclosure of data deemed critical to national interests—ranging from public health to economic stability—essentially requiring state permission to disseminate such information.
Section 6 bans unauthorized possession of the same data, while Section 19(1)(d) criminalizes what the law terms as “misleading electronic communications”—a clause that LAZ warned could be misused to prosecute journalists for headlines deemed deceptive by the State.
Other controversial sections included:
• Section 21, which penalizes disclosure of ongoing investigations without state consent;
• Section 22, which criminalizes digital communication the government deems offensive or false;
• Section 24(1)(b), which equates inciting ethnic division to terrorism, punishable by life imprisonment.
LAZ expressed concern that the expansive definitions and vague language in these laws could be weaponized to silence dissent, prosecute journalists, and suppress political opposition.
Zulu also criticized the structure of the Zambia Cyber Security Agency, which is housed in the Office of the President and operates under presidential direction, warning that it raised “serious governance concerns” and compromised independence.
“Cybersecurity must be a tool for national protection, not political control,” he said. “Laws must strike a balance between national security and constitutional freedoms. Without the ability to hold leaders accountable, there can be no meaningful democracy.”
As a result, LAZ has resolved to seek judicial review, calling on the courts to safeguard citizens’ rights and uphold Zambia’s democratic values.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments