CSOs condemn threats to use Cyber law to muzzle free expression

Lusaka, 30th August 2024: We, the undersigned civil society organisations, strongly condemn the recent utterances by senior government officials threatening to use the Cyber Security and Cyber Crimes Act
to silence critical voices.
Last week, The Mast Newspaper, in its edition of 20th August 2024, quoted Mr Josephs Akafumba, the Permanent Secretary in the Ministry of Home Affairs and Internal Security, as having warned that the
government would enforce the Cyber Security and Cyber Crimes Act against individuals using social media to insult President Hichilema and others. In the article, Mr Akafumba is quoted as having described the law as an “AK 47 rifle which, when fired, is capable of leaving perpetrators permanently blinded or disabled.” The article further quotes Mr Akafumba as having emphasized that his pronouncement “…is not a threat but a promise. The curtains will soon draw on those abusing social media.”

A week later, Minister of Home Affairs and Internal Security, Hon. Jack Mwiimbu announced that the government would invoke Section 54 of the Act, and called on WhatsApp group administrators to “curtail posts that are illegal and in bad faith as they would be held responsible for any publication of such information”. The statements were further amplified by Information and Media Permanent Secretary, Mr Thabo Kawana, who indicated that administrators of pages and WhatsApp groups would be held liable for any posts deemed malicious on their platforms.

Such utterances by very senior government officials fly in the face of President Hakainde Hichilema’s repeated pronouncement that the government is committed to creating an environment where all citizens can engage freely, without any fear. They also raise suspicions that the planned amendment of the Cyber Security and Cyber Crimes Act – splitting it into two separate pieces of legislation – may actually make the law more draconian.
We request the Government to urgently allay the fears of citizens and other stakeholders that the government could use the Cyber Security and Cyber Crimes Act to curtail free expression, assembly and association. We request the Ministry to assure the nation that the law will not be used as a tool to silence anybody and that no Zambian citizen will be “permanently blinded or disabled” for using social
media or other tools to enjoy their right to freedom of expression, which is guaranteed in Article 20 of the Constitution of the Republic of Zambia.

We have noted the announcement that the 16th Cabinet Meeting held on 20th August, 2024, approved in principle the introduction to Parliament of the Cyber Security Bill, 2024, and the Cyber Crimes Bill, 2024. We call on the government to provide a clear roadmap towards the enactment of these two Bills, with a provision for meaningful consultations, with input from civil society and other key stakeholders.
We do not in any way condone the misuse or abuse of social media or any other platforms. We equally do not condone the misapplication of the law to muzzle the enjoyment of human rights.

Issued by:

Joan Chirwa, Founder of the Zambia Free Press Initiative

For and on behalf of the following organisations:
Panos Institute Southern Africa
Media Institute of Southern Africa (MISA) Zambia
Bloggers of Zambia
Zambia Free Press Initiative
Alliance for Community Action
Zambia Cyber Security Initiative Foundation
Operation Young Vote
Chapter One Foundation