from ARNOLD MULENGA in Lusaka, Zambia
Zambia Bureau
LUSAKA,(CAJ News)– ZAMBIA’S cyber laws are a following the arrest and detention of a journalist from the public broadcaster
Macpherson Mukuka, of the Zambia National Broadcasting Corporation, has been charged under Section 10 of the Cyber Crimes Act for allegedly recording a private meeting involving several individuals.
Details remain sketchy regarding the participants in the meeting and what was discussed, but indications are that some officials from the ruling party were involved.
The government has justified the arrest, with a spokesperson saying the administration had noted with concern the increasing misuse of digital platforms through the unauthorised recording, publication and dissemination of private conversations and meetings without the knowledge or consent of those involved.
“Such conduct may constitute an offence under the Cyber Crimes Act and has the potential to infringe upon the privacy rights of individuals, damage reputations, spread misinformation and undermine public confidence in the responsible use of digital technologies,” Thabo Kawana, Permanent Secretary at the Ministry of Information and Media, said.
Kawana encouraged citizens to familiarise themselves with the provisions of the Act and to exercise “sound judgement” before recording, sharing or publishing private communications through any digital platform. He reminded public servants of their obligation to uphold the law, protect information entrusted to them in the course of their official duties and demonstrate the highest standards of professionalism, integrity, confidentiality and accountability.
Kawana said the deliberate violation of the Cyber Crimes Act or any other law would attract legal consequences.
“Ignorance of the law does not exempt any person from responsibility, making it essential for all citizens to understand and comply with the law at all times,” he said.
Coincidentally, the ruling United Party for National Development (UPND) said it had noted with concern a report circulating on social media and some online platforms regarding an audio recording purportedly attributed to the party’s Secretary General, Batuke Imenda.
The contents of the report could not be ascertained, but it is believed to be linked to Mukuka’s arrest.
“At this stage, we urge members of the public and the media to exercise restraint and avoid drawing conclusions based on unverified audio recordings or social media reports whose authenticity has not been independently established,” Mark Simuuwe, UPND Media Director, said.
Civil society organisations have condemned Mukuka’s arrest.
“ZCLU believes that journalism is not a crime,” Derick Chekwe, Zambian Civil Liberties Union Acting Executive Director, said.
The organisation argued that journalists worked to expose wrongdoing as a public service and a cornerstone of democracy, and that some acts of criminality and plans to commit crimes occurred “behind closed doors” and in private conversations.
ZCLU stated that the arrest confirmed what it had warned about prior to the enactment of the Cyber Crimes Act in 2025.
It had stated that several provisions of the Act were crafted to infringe on civil liberties and freedoms, particularly freedom of expression and media freedom.
“The use of the law against a journalist today is exactly the kind of abuse we anticipated,” Chekwe said.
The Acton Institute for Policy Analysis Centre (AIPAC) denounced the arrest as deeply troubling and reflective of the dangers it had warned about when the cyber laws were rushed into enactment without adequate consultation.
“Stakeholders across civil society raised concerns about the potential misuse of cyber legislation, yet those warnings were ignored,” Solomon Ngoma, Executive Director, said.
“Today, we are witnessing the consequences of that oversight. The use of cyber laws to silence investigative journalism is not only unjust but represents the worst nightmare for the media fraternity.”
Critics accuse the government of President Hakainde Hichilema of enacting the cyber laws to crush dissent and silence the opposition.
The government argues that the legislation is intended to curb abuse of cyberspace. Hichilema’s administration has intensified the crackdown ahead of the general elections on August 13.
The Cyber Crimes Act and Cyber Security Act impose severe penalties ranging from K80 000 (US$3 200) to K1,2 million (US$48 100) and prison terms extending up to 25 years or life imprisonment, depending on the offence.
