US Govt Issues Warning To Citizens Over New Zambian Cyber-Security Law

The US embassy in Zambia has warned its citizens to be wary of a new “intrusive” cyber-security law introduced by the Zambian government.

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 used 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.