A new “intrusive” cyber-security regulation that was enacted in Zambia, a country in southern Africa, has prompted the US embassy there to caution its residents.
A warning about a new legislation requiring the monitoring and surveillance of all electronic communications in Zambia was sent out by the embassy to Americans “in or planning to visit Zambia.”
“In-country to assess if they include any transmission of ‘critical information,’ a term the law defines so broadly that it could apply to almost any activity,” the embassy writes, referring to conversations, emails, messages, and streaming material.
According to Zambia’s government, the measure was necessary to combat the spread of misinformation, child pornography, and internet fraud.
In a statement issued in response to the US embassy’s warning, Zambia’s foreign ministry said that the new Cyber Security Act was “not intended to invade any person’s privacy”—whether that person was a foreigner or a Zambian.
“Mass or arbitrary monitoring is not permitted under the law. It stated that a court-issued warrant is necessary for every interception or data request.
“Any assessments or actions taken are carried out by authorized institutions, in line with due process,” the statement said, adding that the “classification of ‘critical information'” refers to national security.
With elections scheduled for next year, there are concerns that the law may be used against anybody who criticizes the administration.
The establishment of a new cyber-security section in the president’s office has alarmed some Zambians.
“It was a sad day for Zambia,” Joan Chirwa, the founder of the Free Press Initiative Zambia advocacy organization, told the BBC.
According to her, the measure will not just impact civil society organizations or journalists. All Zambians will be impacted.
The new bill gives a law enforcement officer with a warrant the authority to enter any location and search and seize a computer or computer system that contains information that was either obtained by a person as a consequence of an offense or evidence required to establish an offense.
It also permits the government to extradite Zambians who are found to have broken any law, subject to a variety of jail sentences.
Depending on the offense, offenders might face a fine or a sentence of five to fifteen years in prison.
The law mandates that information and communication technology (ICT) firms proactively intercept all electronic conversations, among other things.
President Hakainde Hichilema signed it into law on April 8 with minimal fanfare, and many Zambians were only made aware of it until the US embassy shared a warning on Facebook.
“As this new law introduces an intrusive surveillance ecosystem significantly different from privacy protection provisions that prevail in many countries, the embassy of the United States encourages Americans living in Zambia or considering visiting the country to carefully assess the implications of this law and adjust accordingly,” the statement read.
Many were taken aback by the notice because the US and the Hichilema-led government are generally perceived as having a cordial relationship, notwithstanding the ambassador’s recent criticism of suspected corruption in the government.
Following the expulsion of its pro-gay rights ambassador Daniel Foote by the previous government in 2019, Zambia’s relationship with the United States had been chilly; but, following Hichilema’s election in 2021, ties have improved.
Laura Miti, a civil rights activist and social analyst, called the new law “tyrannical” and accused the US embassy of “hypocrisy.”
“The United States surveilled its citizens in secret for years before Edward Snowden exposed the issue. She said on Facebook, “He is still in exile and is among the most wanted individuals by U.S. law enforcement.” The American embassy expresses concern over this. Quite hypocritical.
She did, however, also denounce the new law.
“This… is a very tyrannical law which the government only needs because it feels insecure.”
When the previous administration attempted to enact a similar law in 2021, Hichilema wrote: “The Cyber Security and Crime Bill is not about preventing cyber-bullying,” expressing his opposition to the legislation. It involves snooping on citizens and limiting their freedom of speech.
Miles Sampa, an opposition politician, has charged that Hichilema is doing a U-turn now that he is president.
“My question is when did you change this stance to now sign a law that almost 100% prohibits us citizens from expressing ourselves on Facebook, X, Instagram, TikTok, etc., without being jailed for 25 years or life imprisonment,” he wrote on Facebook.
“In the current state of the Cyber Laws that you have assented to, Mr President, you may as well also sign a martial law (State of Emergency) to discard democracy so we all stop talking and leave it to your good self to express alone.”
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