Cyber Law or Cyber Muzzle? Zambia’s Rights Body Warns Against Erosion of Expression Freedoms

Cyber Law or Cyber Muzzle? Zambia’s Rights Body Warns Against Erosion of Expression Freedoms

By Chester Banda

Lusaka, Zambia – Amid rising public concern over the recently enacted Cyber Security and Cyber Crimes Act, the Human Rights Commission (HRC) has issued a strong advisory urging citizens not to surrender their constitutional right to free expression out of fear or intimidation.

The Commission’s caution comes at a time when digital space in Zambia is undergoing a transformation that some critics say could jeopardize civic freedoms under the guise of national security. While government officials have defended the laws as essential for protecting the public from cybercrime, others worry that vague provisions may be weaponized against whistleblowers, journalists, and everyday citizens expressing dissent.

In a press statement delivered this week, HRC Spokesperson Mweelwa Muleya emphasized that the new cyber legislation should not be interpreted as a tool for censorship. “Freedom of expression is not a privilege; it is a fundamental right enshrined in our Constitution and protected under international human rights conventions to which Zambia is a party,” he said.

Mr. Muleya urged law enforcement and regulatory bodies to uphold proportionality and legality in the enforcement of these laws. “It is crucial that any application of the cyber laws is done in a manner that is necessary and proportionate to the intended goal — which must be public safety, not political control,” he added.

The Cyber Security and Cyber Crimes Act, passed earlier this year, introduces new offenses such as cyber harassment, fake news dissemination, and illegal access to information systems. Proponents say it is a timely response to the growing threats of cyber fraud, online abuse, and digital misinformation. However, civil society groups have sounded alarm bells over clauses that allow for sweeping surveillance powers and punitive penalties for vaguely defined offenses.

“What Zambia risks now is a chilling effect on free speech, where citizens begin to self-censor for fear of arbitrary arrest or intimidation,” said Chileshe Mwamba, an information rights advocate with the Centre for Digital Freedom. “We’re seeing laws that could be used more to silence critics than to protect victims.”

This is not Zambia’s first foray into controversial digital legislation. In 2021, a version of the Cyber Bill was shelved following public outcry over similar concerns. The current iteration was passed with modest amendments but remains contentious.

According to legal analysts, a key weakness lies in the lack of clarity in enforcement guidelines, raising the possibility of abuse by overzealous authorities or politically motivated actors. Already, some citizens have reported increased caution in sharing political views online, and there have been a handful of arrests linked to social media posts deemed defamatory.

Despite the unease, the HRC insists that citizens should not retreat from public discourse. “Democracy thrives on robust dialogue, and it is the duty of every Zambian to keep that dialogue alive — responsibly but boldly,” Muleya affirmed.

He also called on the government to conduct broad-based civic education to ensure the public understands the scope and limits of the law. “The law should serve the people, not intimidate them. It must be transparent, fair, and consistently applied.”

As Zambia transitions further into the digital age, how it balances freedom and security will define not just its technological evolution, but the health of its democracy. For now, the message from the Human Rights Commission is clear: fear must not replace freedom  and silence must not become the new status quo.