By Esther Chisola
Committee to Protect Journalists (CPJ) head of the Africa Program Angela Quintal has written to the minister of Home Affairs and Internal Security Jack Mwiimbu and Minister of Technology and Science Felix Mutati requesting them to withdraw the Cyber Security Bill 2024 and Cyber Crimes Bill 2024.
In a letter dated February 12, 2025, under the subject: Request to withdraw and reform the Cyber Security Bill 2024 and the Cyber Crimes Bill 2024, Quintal stated that if the two bills were enacted into law, they would pose a significant threat to journalism in Zambia.
“We urge you to withdraw both bills from the National Assembly and undertake a comprehensive review that aligns them with constitutional protections of freedom of the press in Zambia as well as regional and international standards on freedom of expression,” Quintal stated.
She stated that Mutati and Mwiimbu tabled both cyber laws in parliament in November 2024, and if enacted, they would replace the problematic Cyber Security and Cyber Crimes Act of 2021.
“We welcomed the National Assembly’s December decision to defer decision-making on the two bills, following concerns by civil society that they lacked adequate human rights safeguards,” she stated.
Quintal stated that it was encouraging to learn that President Hakainde Hichilema said he was open to further dialogue with civil society on the two bills.
She further urged the two ministers to withdraw the proposed laws, to pave the way for the envisioned consultations.
“A CPJ review of the bills found that while they contained several important provisions, there were numerous others that could undermine freedom of expression. In particular, the cyber crime bill stipulation of prison terms for the dissemination of false information that “causes damage to the reputation of another person” or “subjects another person to public ridicule, contempt, hatred or embarrassment” could be weaponised against critical journalism and amount to criminalization of defamation,” she stated.
“The African Commission on Human and Peoples’ Rights (ACHPR) has said “criminal defamation laws constitute a serious interference with freedom of expression” and that they undermine “the role of the media as a watchdog.”
She further stated that the ACHPR had also called on states to repeal laws that criminalised publication of false news.
“It is therefore, deeply disappointing that Zambia is considering enacting regressive laws, relative to regional standards on decriminalization of speech,” she stated
Quintal echoed concerns expressed by the Zambian civil society organization, Chapter One Foundation, in their parliamentary submission, that this could undermine constitutional rights to privacy.
“It could also enable law enforcement to arbitrarily access sensitive information, including about sources, stored on journalists’ devices. Protecting sources is the bedrock of journalism and an ethical imperative; without this protection, journalists cannot effectively fulfill their role,” stated Quintal.
