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. 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." Go toBBCAfrica.comfor more news from the African continent. Follow us on Twitter@BBCAfrica, on Facebook atBBC Africaor on Instagram atbbcafrica
US issues warning over new Zambian cyber-security law
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"US Embassy Alerts Citizens to Zambia's New Cyber-Security Law"
Bbc News
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TruthLens AI Summary
The United States embassy in Zambia has issued a warning to its citizens regarding a newly enacted cyber-security law that mandates extensive surveillance and interception of electronic communications within the country. This law, which encompasses all forms of electronic communication including calls, emails, and texts, is aimed at addressing issues such as online fraud, child pornography, and the dissemination of disinformation. However, the embassy expressed concerns that the law's broad definition of 'critical information' could potentially lead to the monitoring of nearly any activity, raising alarm about privacy violations. In response to the US alert, Zambia's foreign ministry asserted that the Cyber Security Act is not designed to infringe on individual privacy rights and emphasized that any data interception would require a court-issued warrant. They clarified that the classification of 'critical information' pertains to national security and is handled by authorized institutions through due process.
Critics of the law, including social commentators and opposition members, have raised fears that it could be utilized against dissenters, particularly with elections approaching next year. The law empowers law enforcement to search premises and seize computers without prior notice, and it also allows for the extradition of Zambians accused of cyber-related offenses. Penalties for violations range from five to fifteen years in prison, depending on the severity of the crime. Activists have condemned the law as tyrannical, with some accusing President Hakainde Hichilema of hypocrisy for reversing his previous stance against similar legislation when he was in opposition. The US embassy's warning has led to a renewed debate over the balance between security and civil liberties in Zambia, prompting concerns about the implications of this law on freedom of expression and democratic rights in the country.
TruthLens AI Analysis
The recent alert from the U.S. embassy in Zambia regarding the new cyber-security law raises important concerns about privacy and government surveillance in the southern African nation. The law, described as "intrusive," mandates the interception and monitoring of all electronic communications, including calls, emails, and texts, under the pretext of protecting national security and combating online crimes. This has led to apprehensions about potential misuse against dissenting voices, especially as Zambia approaches a significant election period.
Concerns Over Privacy and Freedom of Expression
The U.S. embassy's warning highlights the potential risks faced by both Zambians and foreign visitors under this law. The broad definition of "critical information" raises alarms that it could be applied to stifle criticism of the government. The Zambian foreign ministry's assurances that the law does not authorize random surveillance and requires a court warrant for data requests may not fully alleviate these fears. Many Zambians fear that the law could be weaponized against political opponents, particularly as the nation gears up for elections next year.
Government's Justifications and Public Reaction
The Zambian government claims that the law is essential to combat online fraud, child pornography, and misinformation. However, the establishment of a cyber-security unit within the president's office has led to skepticism about the government's true intentions. The law's empowerment of law enforcement to search premises and seize electronic materials further fuels concerns about potential overreach and abuse of power.
Impact on Society and Politics
The implications of this law could be profound. It may create a chilling effect on free speech, with citizens potentially self-censoring out of fear of government surveillance. This could lead to heightened political tension as the opposition may struggle to voice dissenting opinions without fear of repercussions. Furthermore, it may influence public trust in the government, potentially leading to increased unrest if citizens perceive the law as a tool for oppression.
International Relations and Economic Considerations
The U.S. warning could impact Zambia's international relations, particularly with Western nations that prioritize human rights and freedom of expression. Economic implications may also arise, as foreign investors may become wary of operating in an environment where surveillance and privacy are questionable, potentially affecting Zambia's investment climate.
Public Sentiment and Community Support
The law may find support among certain communities that prioritize national security and see it as a necessary measure against online threats. However, it is likely to face significant opposition from civil rights advocates, journalists, and political activists who value freedom of speech and privacy rights.
Market Reactions and Global Implications
This news could influence market perceptions, particularly regarding companies involved in technology and telecommunications in Zambia. Investors might closely monitor how this law affects the operational landscape and public sentiment, which could impact stock performance in relevant sectors. The alert from the U.S. embassy brings to light pressing issues regarding privacy, governance, and civil liberties within Zambia. While the Zambian government presents the law as a protective measure, the potential for abuse and impact on free expression raises critical questions about the balance between security and individual rights.