The United States has issued a strong warning to its citizens regarding a new cyber security law enacted in Zambia, citing serious concerns over privacy, surveillance, and the potential misuse of the legislation ahead of next year’s elections. The law, which was quietly signed into effect by President Hakainde Hichilema on April 8, allows for the interception and surveillance of all electronic communications in the country—including phone calls, emails, text messages, and streamed content.
According to the US embassy in Zambia, the Cyber Security Act grants sweeping powers to authorities, who are now authorized to monitor any electronic communication under the vague and broadly defined term “critical information.” This has sparked alarm among citizens, civil society organizations, and international observers who fear the law could be used to silence dissent and curtail freedom of expression.
In its alert, the US embassy warned American citizens living in or planning to visit Zambia to “carefully assess the implications of this law and adjust accordingly.” The statement emphasized that the new surveillance ecosystem significantly diverges from international privacy standards, and may affect the digital and personal security of foreign nationals and locals alike.
The Zambian government has defended the law, stating it is intended to combat online crimes such as fraud, child pornography, and disinformation. In response to the embassy’s concerns, Zambia’s foreign ministry clarified that the law does not allow for mass or random surveillance and that any interception or data access must be authorized by a court-issued warrant. The ministry also insisted that the “critical information” provision pertains strictly to national security and is handled by authorized agencies following due legal processes.
Despite these assurances, concerns continue to mount. Activists and journalists have pointed out that a cyber-security unit is being established directly under the president’s office, raising fears of centralized and politically motivated monitoring. Joan Chirwa, founder of the Free Press Initiative Zambia, described the day the law was signed as a “sad day for Zambia,” warning that it affects not only media professionals and civil society but every Zambian citizen.
The law empowers law enforcement to enter premises and seize computers or digital systems if they are suspected to hold data tied to criminal activities, provided they have a warrant. It also allows the government to extradite individuals accused of committing cyber offences, with prison sentences ranging from five to 15 years, depending on the severity of the crime.
One of the most controversial provisions compels Information and Communication Technology (ICT) companies to proactively intercept all digital communications. This unprecedented requirement for private companies to participate in state surveillance has heightened public unease.
The backlash is particularly notable because President Hichilema had previously opposed a similar bill in 2021 while he was still in opposition. At the time, he criticized the legislation as an attempt to suppress free speech and enable government spying on citizens. Critics, including opposition lawmaker Miles Sampa, have now accused the president of backtracking on his earlier stance, calling the new law “a direct attack on democracy and freedom of expression.”
Sampa took to social media to express his discontent, questioning when the president shifted his views. He added that the law threatens to criminalize social media activity, making platforms like Facebook, TikTok, Instagram, and X dangerous spaces for expression under the threat of long prison terms.
Civil rights activist Laura Miti echoed the criticism, calling the law “tyrannical” and expressing disappointment in both the Zambian government and the US embassy. She noted the irony in the US position, pointing to its own history of covert surveillance revealed by whistleblower Edward Snowden. Nonetheless, Miti maintained that the law represents a troubling step toward authoritarianism.
The timing of the law’s enactment, ahead of national elections, has only intensified public skepticism. Many fear that the legislation will be weaponized to target critics, activists, and political opponents, stifling open discourse and undermining democratic values in a country that had only recently been seen as making progress in governance and human rights.
As scrutiny of Zambia’s Cyber Security Act grows both at home and abroad, calls are increasing for greater transparency, legal safeguards, and a reaffirmation of fundamental rights to privacy and free expression.
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