By Chinoyi Chipulu
Some Civil Society Organisations (CSO) have expressed disappointment over the government’s decision to enact the Cyber Security and Cyber Crimes Act saying that it is infringing on people’s rights.
Advocates for Democratic Governance Foundation (ADEG) executive director Gideon Musonda said the organszation was very disappointed because CSOs had a lot of engagements with the government and would seek legal action to see if the enacted law was not consistent with the constitution.
In an interview with Daily Revelation yesterday, Musonda said the bill was deferred after an engagement with the President.
He said the CSOs made it clear that the bill was very inimical to the country’s democracy, and the President promised that there would be engagements so that the law could be changed.
“We expressed concern as a consortium and ADEG was part of those civil societies, we advocated for the governments to go back to the people and do more consultations so the law can conform to the international standards where it should be more of freedom of expression, freedom of assembly, online, rather than infringing on those rights,” he said.
Musonda said it was unfortunate that despite the engagements, the government had proceeded to enact the same law.
“So it’s very disappointing from our end,” he said. “Those fears the President expressed while in opposition where freedom of expression would be suppressed, where there would be intrusion into the privacy of individuals remains the same.”
He said the same law the President condemned, those provisions still remained and they had even been entrenched them further.
“So it’s up to no good. it will just take away our democracy. Even the special rapporteur when she visited, one of the laws she cited to be inimical to the freedom of expression was the Cyber security and Cyber Crime Act,” he said.
Musonda said the newly enacted law would have an effect on democracy.
He said his organization would continue sensitizing citizens on the effects of this law.
“We are in talks with other CSO’s so that litigation measures can be undertaken. We can’t continue to allow laws that are taking away our democracy, so (we) may go to court and try to see if it’s consistent with our Constitution, because any law that is inconsistent with our Constitution cannot continue to exist, especially that is a subsidiary law,” he said. ” Otherwise it’s a sad day for our country, because this will be used as a weapon to infringe on people’s freedom of expression and association online.”
“We are at the stage where the PF party also, were they did not listen to the people and we saw the repercussion. That is why we are saying we are living it to the people of Zambia to judge for themselves and probably exercise their powers that will speak to the President.”
And Chapter One Foundation executive director Josiah Kalala said the recently enacted Cyber Security and Cyber Crimes Acts presented significant implications for the country’s democratic landscape.
Kalala said while there was need to regulate cyber activity and prevent genuine threats like terrorism, cybercrime, cyberbullying, the Act contained provisions that were overly broad and susceptible to abuse.
“Key sections of the law criminalise various forms of online speech using vague and undefined terms such as ‘false information.’ This opens the door to selective enforcement, where critics of the government, journalists, activists, and ordinary citizens may be targeted for expressing dissenting views or holding public officials to account,” he said.
Kalala said the resulting climate of fear and self-censorship could severely curtail the vibrancy of Zambia’s democratic discourse.
He also said the law posed a real threat to the right to privacy and the broader enjoyment of digital freedoms.
“It grants state authorities sweeping surveillance powers, including the ability to intercept private communications and demand access to personal data from service providers with limited judicial oversight and accountability,” he said.
Kalala said the absence of strong safeguards, independent oversight mechanisms, and effective avenues for redress increased the risk of arbitrary intrusion into personal lives and misuse of collected data.
He said these provisions compromised the right to privacy as enshrined in the Zambian Constitution and recognised under international human rights instruments to which Zambia was a party.
Kalala said without adequate checks and balances, the law could facilitate mass surveillance and enable intrusive state control over digital spaces.
“It is also important to note the stark contrast between President Hakainde Hichilema’s current stance and his position while in opposition. At the time, he strongly criticised the Cyber Security and Cyber Crimes bill, warning that it would be used to clamp down on freedom of expression and to persecute individuals who oppose or criticise those in power,” he said.
Kalala said a similar law, with minimal human rights revisions had now been enacted under his administration.
Kalala said It also lends credibility to fears that the law may be used as a tool to silence dissent, rather than as a genuine effort to protect citizens in the digital space.
“While the fight against cybercrime is a legitimate and necessary endeavor, the current formulation of the Cyber Security and Cyber Crimes Acts undermines Zambia’s democratic principles. They threaten freedom of expression, media independence, digital rights, and the right to privacy,” he said.
Kalala said to align the law with constitutional and international human rights standards, the government must revisit and amend the Act specifically from a human rights perspective.
He said this should be done through an open and inclusive process that involved all stakeholders.
Meanwhile, Economic Freedom Fighters (EFF) leader Kasonde Mwenda has condemned what he described as the Hakainde Hichilema Abusive Cyber Security Law legalising the state to spy and record unsuspecting citizens and to intercept calls.
Mwenda said he was dismayed by the UPND and President Hakainde Hichilema’s betrayal of Zambians in enacting a draconian style Cyber Security Act, 2025, which was secretly assented to law by President Hakainde Hichilema on 8 April 2025.
He said this law was a grave violation of the rights of Zambians and set a dangerous precedent for abuse of power by the state.
He said it was deeply concerning that under this law, the state could eavesdrop on private conversations, monitor citizens’ communications, and collect data about their daily lives, all without any legal checks or balances.
Mwenda said this is a clear overreach and a direct attack on the basic freedoms of Zambians.
“What is particularly disturbing is the hypocrisy of President Hakainde Hichilema and the ruling United Party for National Development (UPND),” said Mwenda.
