The U.S. embassy in Zambia has issued a warning to its citizens about a newly introduced cybersecurity law in the southern African country, describing it as “intrusive” and urging caution for those currently in or planning to visit Zambia.
The law mandates the interception and surveillance of all electronic communications within Zambia, including calls, emails, texts, and streamed content. The law’s broad definition of “critical information” could potentially apply to nearly any activity, raising concerns over privacy violations.
Zambian authorities defend the law, stating it is essential for combating online fraud, child pornography, and the spread of disinformation. However, the U.S. embassy expressed concern that the law could be misused to target government critics, particularly with elections scheduled for next year.
In response to the U.S. embassy’s alert, Zambia’s foreign ministry clarified that the law does not authorize mass surveillance. Any interception or data request would require a court-issued warrant. The ministry also stressed that the classification of “critical information” pertains to national security matters and is handled by authorized institutions in line with due process.
Despite these assurances, some Zambians are worried about the potential abuse of the law. Joan Chirwa, founder of the Free Press Initiative Zambia, warned that the law would affect not just journalists and civil society organizations, but all Zambians.
The new law also gives law enforcement the authority to search and seize computers or systems containing material related to criminal offenses. Offenders could face fines or prison sentences ranging from five to 15 years. Additionally, the law requires ICT companies to intercept communications proactively.
Signed into law by President Hakainde Hichilema on April 8, the law was introduced with minimal publicity. The first many Zambians heard about it was through the U.S. embassy’s Facebook alert.
The U.S. embassy advised Americans to carefully assess the implications of the law, citing its invasive nature and the significant departure from privacy protections common in many countries.
The law’s introduction comes as a surprise given the generally warm relations between the U.S. and the Hichilema-led administration, although recent U.S. criticism of alleged corruption has raised tensions. Zambia’s relationship with the U.S. had been strained under the previous government but improved after Hichilema’s election in 2021.
Critics, including civil rights activist Laura Miti, have labeled the law “tyrannical.” Miti also accused the U.S. embassy of hypocrisy, citing past U.S. surveillance practices revealed by Edward Snowden. Opposition lawmaker Miles Sampa criticized President Hichilema for signing the law, claiming it restricts freedom of expression and could lead to severe punishment for online activity.
In 2021, Hichilema, then in opposition, strongly opposed a similar bill, calling it a tool to suppress free speech. Now, as president, his support for the new law has sparked accusations of inconsistency and betrayal of democratic principles.