The US embassy in Zambia has warned its citizens to be wary of a new “intrusive” cyber-security law introduced in the southern African country.
The embassy issued an alert telling Americans “in or planning to visit Zambia of a new law that requires the interception and surveillance of all electronic communications in the country”.
This includes calls, emails, texts and streamed content “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 says.
Zambia’s government said the law was needed to tackle online fraud and child pornography, as well as the spread of disinformation.
Following the alert from the US embassy, Zambia’s foreign ministry released a statement saying that the new Cyber Security Act was “not intended to invade any person’s privacy” – whether Zambians or foreigners.
“The Law does not authorize mass or random surveillance. Any interception or data request requires a court-issued warrant,” it said.
The statement added that the “classification of ‘critical information'” referred to national security, “and any assessments or actions taken are carried out by authorized institutions, in line with due process”.
There are fears that the law could be use against anyone who criticises the government, especially with elections due next year.
Some Zambians have expressed concern that a new cyber-security unit is being set up in the president’s office.
Joan Chirwa, founder of the Free Press Initiative Zambia campaign group, told the BBC “it was a sad day for Zambia”.
She said the law wouldn’t “just affect journalists, or civil society organisations. It will affect everyone in Zambia”.
The new measure empowers a law enforcement officer with a warrant to enter any premises to search and seize a computer or computer system containing material that is either evidence necessary to prove an offence or acquired by a person as a result of an offence.
It also allows the government to extradite Zambians deemed to have committed any offence under the law, with a range of jail terms prescribed.
Offenders may be fined or jailed for between five and 15 years, depending on the crime they have committed.
Among other provisions, the legislation requires Information and Communication Technology (ICT) companies to proactively intercept all electronic communications.
It was signed into law by President Hakainde Hichilema on 8 April with very little publicity and the first many Zambians knew about it was when the US embassy posted its alert 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 US statement said.
The alert came as a surprise to many as the US has widely been seen to enjoy a warm relationship with the Hichilema-led administration, although the ambassador has recently been critical of alleged corruption in the government.
Zambia had enjoyed a frosty relationship with the US after the former government expelled its pro-gay rights ambassador Daniel Foote in 2019 but relations had improved since Hichilema was elected in 2021.
Social commentator and civil rights activist Laura Miti accused the US embassy of “hypocrisy”, while also labelling the new law “tyrannical”.
“Until Edward Snowden revealed the matter, the US secretly surveilled its citizens for years. He remains in exile and one of the most wanted people by American law enforcement,” she wrote on Facebook. “That raises an eyebrow about this from the American embassy. Hypocritical really.”
However, she also condemned the new law.
“This… is a very tyrannical law which the government only needs because it feels insecure.”
In 2021, while still in opposition, Hichilema opposed a similar law when the former government wanted to pass it, writing: “The Cyber Security and Crime Bill is not about preventing cyber-bullying. It is about clamping down on freedom of expression and spying on citizens.”
Opposition lawmaker Miles Sampa has accused Hichilema of performing 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.”
