The Law Association of Zambia (LAZ) has sounded the alarm over the recently enacted Cyber Security and Cyber Crimes Acts, warning that the laws threaten constitutional freedoms and undermine the country’s democratic foundations.
In a strongly worded statement dated April 21st, 2025, LAZ announced it will petition the High Court to review the constitutionality of the contentious provisions, arguing that they infringe upon the rights and freedoms of citizens, including press freedom and the right to expression.
“Our position is that numerous provisions of the newly enacted Cyber Security Act No. 3 of 2025 and the Cyber Crimes Act No. 4 of 2025… hinder a free press and have the potential to undermine the cherished democracy in our country, Zambia,” LAZ President Lungisani Zulu stated.
LAZ emphasized that the Constitution, under Article 20, guarantees freedom of expression and a free press, protections they argue are now at risk. “No person shall be hindered in the enjoyment of the freedom of expression… and freedom from interference with his or her correspondence,” the Association cited.
The organization singled out several troubling provisions in the Cyber Crimes Act. These include Section 5 and Section 6, which criminalize the unauthorized possession or disclosure of computer data deemed related to public safety, economic stability, or national security — all broadly defined categories. According to LAZ, these measures effectively make it illegal to receive, hold or disseminate information without State authorization.
Section 19 was flagged as particularly dangerous for the press, as it could lead to prosecution of journalists who publish headlines deemed “misleading” by the State. “Journalists… can be prosecuted on the charge of falsifying headers with intent to mislead or deceive readers, and would be liable, on conviction, to imprisonment up to seven years,” the statement read.
Further, LAZ criticized Section 24(1)(b), which classifies inciting ethnic division as terrorism, punishable by life imprisonment. While reaffirming its stance against tribalism, LAZ warned that “the potential danger lies in the weaponization of such a provision by prosecuting only political opponents.”
The Association also raised red flags over the location of the Zambia Cyber Security Agency within the Office of the President, warning of the “serious governance issues” this poses. “This… raises serious governance issues… significantly heightens the risk of cyber security being used as a tool for political control rather than national protection,” LAZ cautioned.
Calling for a more balanced legislative approach, LAZ insisted, “Effective laws must strike a careful balance, ensuring that security measures are proportionate, necessary, and subject to robust oversight mechanisms.”
The legal body’s move to challenge the laws in court sets the stage for a landmark constitutional test of Zambia’s digital governance trajectory.
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