The Government of the Republic of Zambia has taken note of the recent public advisory issued by the United States Embassy in Lusaka regarding Zambia’s Cyber Security Act No. 3 of 2025.
While we appreciate the Embassy’s commitment to informing its citizens, we find it necessary to clarify misinterpretations presented in the advisory and to affirm Zambia’s continued commitment to rule of law, respect for privacy rights, and upholding of good governance principles.
The Cyber Security Act is intended to enhance the country’s cybersecurity framework in order to safeguard citizens, institutions, and the economy from growing cyber threats. It repeals and replaces the Cyber Security and Cyber Crimes Act No. 2 of 2021 and aligns with international best practices, including the Budapest Convention and the African Union’s Malabo Convention. Specifically, the objectives of the Cyber Security Act include:
- (a) Protecting critical information infrastructure essential to national security, economic stability, and public safety;
- (b) Establishing a coordinated framework for lawful interception under judicial oversight; and
- (c) Promoting data protection, cyber resilience, and lawful use of digital technologies.
Contrary to the advisory, the Act does not mandate anyone to proactively intercept any electronic communications and transmit such communication to the government. Section 37 of the Act explicitly prohibits random monitoring. Lawful interception under Section 29 can only be effected upon obtaining an ex parte order from a High Court judge similar to provisions of the United States’ Electronic Communications Privacy Act of 1986.
Further, any emergency interceptions under Section 30 must be followed by written judicial justification within 48 hours, and improper use of intercepted data carries serious criminal penalties.
Safeguards for Individual Rights
The Act incorporates robust safeguards to protect individual rights:
- (a) Privileged communications such as attorney-client and journalist sources, retain legal protection under Section 36;
- (b) The use or disclosure of intercepted data outside legal authority is punishable by up to 10 years’ imprisonment under Section 34;
- (c) Geolocation tracking without consent is prohibited under Section 31.
These provisions reflect Zambia’s adherence to due process, proportionality, and necessity in digital governance.
Standard Global Practices
Zambia’s requirement for electronic service providers to maintain lawful interception capabilities under Sections 39–40 of the Act is standard practice globally, including in the United States under laws such as section 103 of the Communications Assistance for Law Enforcement Act of 1994. These capabilities are strictly regulated, activated only upon judicial authorization, and are necessary to counter threats such as terrorism, money laundering, and cyber-enabled fraud.
Continued Commitment to Cooperation and Digital Rights
Zambia continues to uphold its international obligations and actively cooperates on transnational cybercrime under mutual legal assistance frameworks. We welcome partnerships and constructive dialogue with all diplomatic missions, including the U.S., on cybersecurity, digital rights, and capacity building.
The Government remains committed to promoting a safe, open, and democratic digital environment that supports innovation while safeguarding national security and civil liberties. We encourage all residents and visitors to read the law in full context and to engage constructively with our institutions for clarification.
For any further concerns and clarifications, the Ministry of Foreign Affairs and International Cooperation remains open for engagement.
Issued by:
Ministry of Foreign Affairs and International Cooperation
Republic of Zambia
What a puppet government! They dont take note of their own citizens complaints. They are very quick to only take note of public advisories issued by the United States Embassy regarding Zambia’s Cyber Security Act No. 3 of 2025. Zambian civil and media freedom bodies have beeen complaining about this draconian and intrusive law but the President arrogantly signed it into effect without batting an eyelid. So we shall all be running to US embassies Julius Assange-style for our freedoms!
Bwana minister,I have always implored your government to consider converting one of the newly established universities into an advanced law enforcement training institute before sceptics begin to doubt competencies to effect and implement the safeguards you have tabulated.All law enforcing agencies are in dire need of adequate staffing and modernization
For any further concerns and clarifications, the Ministry of Foreign Affairs and International Cooperation remains open for engagement.
The same people who passed this law are the same ones who are going to suffer and regret when this same Act is used against them whem they are no longer in power. They are forgetting people who live in glass houses…… and also what goes around comes around.
Start by banning US maltech platforms like Meta, X, Google etc. Freedom of choice from global imperialist control of information and thoughts
Welcomes?
Solo constitutional amendments! Secret intrusive Cyberlaws! Illegal pardons of accused politicians! Media control! threats to deploy the military into the streets to deal with perpetrators of violence, Kingdom or Republic?
Just here to complain about ba Lusaka Times and how you failed to publish my article. It was a satirical write up about how I speculate that President HH was responsible for the abduction of Emmanuel JJ Banda.
I refuse to believe that my writing was trash but I am left to believe that Lusaka Times is afraid of publishing an opinion piece.
I wish you would reconsider.
How about selling it to another website? Like Observer or Diggers or Zambian Eye?
Lumpenela, observer has a lot of nonsense in my view. They are unprofessional and just grab anything from social media. News Diggers may not take guest articles that just pop up as they are a print media and have limited space. Also, they do pay for that so very strict.
Alas, if you happen to know the email for the Observer, I suppose I will send the article. It is very critical of the government but a good read if I say so myself.
Thank you for your reply.
GRZ should explain why other countries are warning their citizens to be carefull when coming to zambia
I suppose next week we’ll tourism here is booming
Politicians never learn, it was like Sata and Chiluba enacting that law making theft of automobile unbailable, just to fix for landing into Vera Chiluba’s panties. Well, Sata ended up landing in jail without bail for stealing a car from Red Brick! So this law HH is enacting, it will come back to bite him in his sorry arrogant back side, mark my word!