U.S. Embassy Issues Warning on New Zambian Cybersecurity Legislation

Amid growing apprehension regarding Zambia's new cybersecurity law, the U.S. Embassy urges caution for American citizens in the country. While the Zambian government defends the legislation as necessary to combat online threats, critics express fear about potential misuse against dissenters, questioning the implications for privacy rights.

The U.S. embassy in Zambia has issued an alert to its citizens concerning a recently enacted "intrusive" cybersecurity law that mandates extensive surveillance of electronic communications within the country. Americans currently residing in or planning to visit Zambia are advised to be cautious given the law’s reach, encompassing phone calls, emails, text messages, and streamed content. The law’s definition of "critical information" is so broad that it could inadvertently apply to almost every form of communication.

Zambia’s government argues that this legislation is a vital step towards combating online fraud, child pornography, and the dissemination of disinformation. In light of the U.S. embassy's warning, the Zambian foreign ministry reassured both locals and foreigners that the law does not aim to invade personal privacy, asserting that any interception of communications will require a court-issued warrant. It emphasized that the identification of "critical information" pertains solely to national security, with due process observed during any evaluations or actions taken by authorized bodies.

Nonetheless, many Zambians express apprehension that the law could be misapplied against governmental critics, particularly with elections on the horizon. Concerns also arise from the establishment of a new cybersecurity unit within the presidential office. The law grants law enforcement officials authority to conduct searches and seizures of digital information considered pertinent to uncovering offenses under the law. Furthermore, it introduces the possibility of extradition for Zambians accused of said offenses, with penalties ranging from fines to lengthy imprisonment.

The introduction of the law, which was signed by President Hakainde Hichilema on April 8 with limited public discourse, has prompted varied reactions. Many first heard of the law through the U.S. embassy's notification on social media, which sparked uproar due to the assumption of a friendly U.S.-Zambia relationship. Critics, including social commentator and civil rights activist Laura Miti, have labeled the embassy's warning as hypocritical, noting the U.S. government's own history of surveillance. Miti condemned the law as tyrannical, reflecting fears of governmental overreach amidst insecurity.

While Hichilema previously opposed similar legislation when in opposition, his current stance has led to accusations of a policy reversal now that he is in power. Opposition member Miles Sampa has publicly questioned the president's change in position, suggesting the law stifles free expression and calling for transparency in governance. As debates continue regarding the implications of this new cybersecurity framework, calls for safeguarding democratic freedoms in Zambia persist.