LAZ TO CHALLENGE CONTROVERSIAL CYBER LAWS IN COURT, CITING THREATS TO RIGHTS AND DEMOCRACY
The Law Association of Zambia (LAZ) has declared its intention to petition the High Court over what it describes as unconstitutional provisions in the newly enacted Cyber Security and Cyber Crimes Acts. In a strongly worded statement released on Monday, LAZ warned that the new laws pose a grave threat to citizens’ rights, press freedom, and Zambia’s democratic foundations.
Signed into law earlier this month, the Cyber Security Act No. 3 of 2025 and the Cyber Crimes Act No. 4 of 2025 were initially shelved in 2024 following public outcry. Although the government later facilitated consultations before reintroducing the bills, LAZ says the process “fell short of meaningfully addressing” the concerns raised by stakeholders.
LAZ President Lungisani Zulu said the new laws contain provisions that not only violate the Constitution but also grant excessive control to the state over the flow of information in the digital space.
“These laws infringe upon the rights and freedoms of citizens, hinder a free press, and have the potential to undermine the cherished democracy in our country, Zambia,” Zulu said.
Central to LAZ’s argument is the expansive and vague definition of “critical information,” which includes data related to public health, national security, and economic stability. LAZ argues that this definition gives the state the power to criminalize the possession, publication, or sharing of vital information without its authorization, posing a direct threat to investigative journalism, whistleblowing, and public accountability.
Equally troubling, according to LAZ, is the placement of the Zambia Cyber Security Agency under the Office of the President, allowing it to operate at the discretion of the Head of State rather than as an independent body.
“This framework raises serious governance concerns,” said Zulu. “Cyber security should not become a tool for political control.”
Journalists and media houses, LAZ warns, are particularly at risk. The new laws contain no exemptions for the press, meaning reporters could face jail time for publishing stories that the state deems misleading, obscene, or related to unauthorized investigations. One provision even allows for life imprisonment in cases where speech is interpreted as inciting ethnic divisions, an interpretation LAZ fears could be selectively applied to silence political opposition.
The association emphasized that while it supports measures to protect national security, these must be balanced against the rights guaranteed in the Bill of Rights under Part III of the Constitution, particularly Article 20, which protects freedom of expression and the press.
“Effective laws must be proportionate, necessary, and subject to robust oversight mechanisms,” LAZ stated. “There can be no democracy without the people’s effective participation in governance.”
Government, through the Ministry of Foreign Affairs, has disputed claims by various stakeholders that the new laws are intrusive and prohibitive.
By Dingindaba Jonah Buyoya
