Zambia’s ‘New Dawn’ should cover digital rights and freedom of online expression 

President Hakainde Hichilema declared a “new dawn” for Zambia in his inauguration speech on August 24, 2021. It is critical that this transformation extend to the realm of the internet.

According to recent Freedom House and Paradigm Initiative research, digital rights in Zambia suffered under former President Edgar Lungu. Zambians witnessed this during the August general elections, when reports circulated weeks before polling day that then-President Lungu would cut off internet access as voting took place.

In response, Zambian and international civil society mobilized, prompting the government to deny the reports. Then, on Election Day, WhatsApp, Facebook, Twitter, and Messenger were apparently blocked on most networks by the Zambia Information and Communications Technology Authority (ZICTA). The restrictions stifled both voting-related and everyday conversation. Access was restored only after the Chapter One Foundation, a Zambian human rights organization, filed a lawsuit against ZICTA.

To reverse Zambia’s decline in internet freedom, President Hichilema should ensure open internet access, oppose prosecutions for online speech, and protect Zambians’ personal data. A commitment to online expression and privacy would ensure that the internet remains a tool for civic engagement and a facilitator of democracy in Zambia.

Providing access while protecting free expression

To begin, President Hichelema and the newly formed Ministry of Technology and Science can signal a break with the previous administration by pledging to ensure internet and social media access.

In previous years, network outages were reported in President Hichilema’s United Party for National Development (UPND) strongholds during times of political sensitivity. Censorship of this magnitude disrupts everything from everyday communication to digital financial transactions to online learning. President Hichilema’s pledge to refrain from ordering internet shutdowns and social media blocks would be powerful evidence of his government’s shift in strategy.

The new administration should protect Zambians’ right to express themselves freely and without fear of repercussions. Under the former president, Zambians faced arrest if they posted comments on social media that were deemed insulting to Lungu. Consider the case of Facebook user Enockson Banda, who was sentenced to two years in prison in March 2019 for insulting him on the platform.

When people can be arrested or fined for their online posts, they may begin to self-censor. However, unrestricted speech, even when venomous, is essential to the survival of a vibrant democracy. President Hichilema’s administration should refrain from prosecuting such dissent, and law enforcement agents should be directed to avoid wrongfully arresting Zambians for speaking out on social media.

Worryingly, the Lungu government dramatically reshaped its approach to online content in March 2021, with grave implications for online speech.

The Cyber Security and Cyber Crimes Act makes it illegal to create and distribute content that “tends to corrupt morals.” It also makes using electronic communications to “coerce, intimidate, harass, or cause emotional distress to a person” illegal, without defining those terms. Such broad, ambiguous language is ripe for abuse by powerful individuals seeking to stifle online criticism. Some of these provisions are punishable by up to five years in prison.

Speculation about the Cyber Security Act’s implementation has also increased self-censorship among Zambians.

Officials in the new government should not apply these provisions to Zambians who use the internet to debate current events, share commentary, or provide necessary checks and balances on their government.

While users must be cautious of misinformation and propaganda, the internet facilitates the dissemination of necessary and reliable information, particularly from journalists, bloggers, and social media users reporting on major events.

User data security

Finally, the new government should protect Zambians’ privacy. The Data Protection Act of 2021 creates ground-breaking safeguards for personal data in the country. However, without the necessary resources for implementation and enforcement, the law will do little to protect Zambians’ personal information from private companies and bad actors, nor will it advance the country’s aspirations for a transformed digital economy.

The administration of President Hichilema should ensure the timely establishment of a Data Protection Commission, led by an independent and competent commissioner, to spearhead and enforce Zambia’s personal data protection agenda.

President Hichilema should also hold his own government to the same standards that he holds private companies to. The Cyber Security Act broadens the scope of how the government can monitor Zambians’ communication, whereas the Data Protection Act provides problematic exceptions to safeguards for personal data in criminal investigations. Zambian law enforcement should seek access to personal data only when it is necessary for the investigation, when it is explicitly permitted by Zambian law, and when it is subject to judicial oversight.

Companies and governments alike can use personal data and communications information to expose the intimate details of people’s lives, from their involvement in social movements to their personal beliefs and professional pursuits. Political dissidents, human rights defenders, civil society actors, whistleblowers, and journalists are particularly vulnerable to such monitoring. By protecting Zambians’ privacy, the new president can demonstrate his commitment to human rights.

During the August elections, Zambians acted to protect internet freedom. Now, President Hichilema must act to safeguard Zambians’ digital rights for the future.

By Bulanda T. Nkhowani and Kian Vesteinsson

Bulanda T. Nkhowani is a Program Officer for Southern Africa at Paradigm Initiative.

Kian Vesteinsson is a Research Analyst for Technology and Democracy at Freedom House.