Zambia's Free Speech Activists Angered By Proposed Cyber Laws

Activists discussing the proposed cyber laws

By Paul Shalala

Bloggers and free speech activists are angered with moves by the Zambian government to introduce three bills which are aimed at regulating the cyber space.

In the next sitting of parliament which opens in two weeks time, Transport and Communications Minister Brian Mushimba is expected to move the Cyber Security and Cyber Crime Bill, Data Protection Bill and the E-commerce Bills.

On May 2, a day before World Press Freedom Day, Zambia's Information Minister and Chief Government Spokesperson Dora Siliya said the cyber laws would not in any way infringe on the rights of ordinary citizens.

“Let me emphasise that government has a responsibility to protect its citizens against unscrupulous people who are using social media and other online platforms to spread fake news, hate speech, rumours and propaganda just to mislead and create despondency and chaos among citizens. In this regard, I am working closely with the Ministers of Justice and Transports and Communications to strengthen existing defamation laws and provide for cyber laws,” she said.

But activists are contesting these bills.

Freedom of expression is enshrined in the Zambian Constitution under Article 20 clause 1. 

Information Minister Dora Siliya

It reads as follows: "Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to impart and communicate ideas and information without interference, whether the communication be to the public generally or to any person or class of persons, and freedom from interference with his correspondence."

Free speech campaigners are using this constitutional provision to base their fear that the cyber laws will give the state too much control thereby limiting free speech.

The campaigners have even started conversations on the topic under the hashtag #OpenSpaceZM

This fear has even been made worse by the announcement by the Zambia Information and Communication Technology Authority (ZICTA) that it will soon start arresting administrators of WhatsApp group where insults and bad behavior is exhibited by members.

"We are coming up with a law which will compel anyone who opens a WhatsApp group to register with us. They will need to come up with a code of conduct. If those are not followed, we will arrest the administrators or creators of those groups,” said Mofya Chisala who is the Director for Support Services at ZICTA.

This announcement was made on a live program on Zambia's state television station and it has been received with anger by both activists and citizens.

One annoyed activist is Edward Musosa, the Programmes Coordinator at the Civil Society for Poverty Reduction (CSPR) who took to WhatsApp to advise ZICTA.

"In terms of addressing the potential shrink in the online space, we need well informed CSOs on online advocacy such as MISA (Media Institute of Southern Africa) to take the lead in questioning these maneuvers. Otherwise, accountability is a broad concept and it can also lead to losing focus if everyday you are seen to be leading campaigns on different things. However, we should all be very concerned!" he said.

Activists have flooded Twitter with
messages on the Cyber Laws

His sentiments have been echoed by Richard Mulonga, a blogger who is the brains behind ZamBloggers, an organisation championing free speech.

"The cyber laws are a real threat to freedom of expression, press freedom and access to information. In reality, they are a threat to our democracy because democracy is about press freedom, dress of expression. Why has the process of drafting cyber laws been closed to other stakeholders?

Every law must be about protecting citizen rights. Therefore, the proposed cyber laws in Zambia must be about protecting citizen rights and enhancing democracy," said Mr Mulonga.

His argument is that government must involve all stakeholders in crafting the cyber laws and not th current scenario where the contents will only be known when the bills are presented in Parliament.

"You will see that 'fake news' is purposely vaguely defined. It is general and can be used to clamp down on critical citizen voices. There is no guarantee that cyber laws in Zambia will not be used to clampdown on citizens through arrests or surveillance," he added.

Another vocal critic of online regulation is Laura Miti, an accountability activist who wrote this: "The only reason government would want to regulate private use of social media is because citizens are using it effectively, to keep each other informed about the excesses of those in power. They don't want us to know, don't want us to ask questions.  #ItsOurCountry"

Across the continent, some governments use the veil of 'state security' to infringe on citizen rights.

This is the case in Tanzania, Uganda and Kenya where new cyber laws have been passed and activists in Zambia fear the same scenario could reach us.

According to East African media, Uganda's parliament recently passed a law to impose a controversial tax on people using social media platforms.

The law imposes a 200 shilling ($0.05) daily levy on people using internet messaging platforms like Facebook, WhatsApp, Viber and Twitter.

It is believed that President Yoweri Museveni had pushed for the changes, arguing that social media encouraged gossip.

This controversial law is expected to come into effect on 1 July this year.

Brenda Bukowa, a media and communication lecturer at the University of Zambia argues that regulating the online space must be done with caution as it can affect free speech.

Some of the strategies the civil society wants
to use to counter the Cyber Laws

Writing in her weekly column in the state owned Times of Zambia newspaper under the headline They Are Shutting Down Social Media! last Sunday, Brenda said the cyber laws may affect ordinary people on social media.

"‘Online media in a country like Zambia has opened up avenues for free speech and it can be argued that if regulation was enacted, the main victims would not be the purveyors of online misdemeanours but Zambia and its people’s freedom of expression. The results, would do far more damage to our democracy than any harm the culprits of social media abuse combined would bring. …Regulation at any level must be enforced with a careful consideration of the unique characteristics embedded in that society," she stated.

Meanwhile, the Media Institute of Southern Africa (MISA) Zambia chapter has also expressed concern on the proposed law, saying they are a threat to the media.

“Whilst the intentions sound genuine, we are concerned that the laws have not been made public despite government stating that it will take the bills to parliament this month. Our concern over the proposed laws is that they seek to regulate a space that provides media and citizens the opportunity to enjoy their rights of freedom of expression, assembly and access to information. The online space as it stands, is far more accommodating than any other platform of expression and thus, the proposed laws stand as a threat to citizen’s and media’s rights to enjoying the named rights,” said MISA Zambia Chairperson Hellen Mwale yesterday.

In the past week, several civil society organisations have been meeting to find a way of fighting the cyber laws.

These organisations includes the Action for Community Accountability, Actionaid Zambia, Zambia Council for Social Development, GEARS, SACCORD, PANOS.

MISA Zambia, Airtel Train Copperbelt Journalists In New Media

Some of the journalists who attended the training

By Paul Shalala

The Media Institute of Southern Africa (MISA) Zambia Chapter says the increase in people  accessing the internet has come with new problems.

The regional body says the increase in internet usage in the country has led to some people posting unverified news which has put the journalism fraternity in an awkward position.

MISA Zambia Information and Research Officer Kamufisa Manchishi says there is need for journalists to be professional and objective to help bring sanity to online publications.

Speaking during a recent provincial media workshop on New Media and Information and Communications Technology in Kitwe, Mr Manchishi said there was need for journalists to be on top of the game.

“Journalists must be seen to be more professional than people who just post stuff online without verifying. Our job is to provide credible news and information on the internet, not spreading rumours,” he said.

He said this in the wake of recent cases were unverified news of fake deaths of prominent people were circulating online.

To try and equip Copperbelt-based journalists with latest skills in new media and ICTs, MISA Zambia and Airtel Zambia organized a two day workshop where over 30 practicing journalists and some trainees were trained in new media skills.

Yuyo Nachali-Kambikambi addressing the trainees

Airtel Zambia Manager for Corporate communications Yuyo Nachali-Kambikambi said journalists needed to be up to date with the latest trends in the industry.

“Journalists of nowadays need to be quick in delivering news. They also need to be equipped with the latest skills which the internet has brought. This is why Airtel Zambia has partnered with MISA Zambia to ensure that we give you the latest skills in ICTs,” said Ms Nachali-Kambikambi, herself a former journalist.

And Northern Region Media Club Chairperson Misheck Wangwe said the need for new media skills on the Copperbelt was an urgent matter for journalists.

“We are operating in an era where everyone who has access to the internet is now a journalist. It is a difficult time. But the duty is on us professional journalists to bring sanity to the internet,” said Mr Wangwe.

Journalism lecturers Elastus Mambwe and Youngson Ndawana from the University of Zambia ‘s Mass Communication Department tutored the journalists in various courses over the two day period.

Some of the courses tackled were writing for the internet, media ethics, blogging and how to research on the World Wide Web.

With over six million Zambians having access to mobile phones, pressure is now mounting on journalists and media organisations to satisfy the thirst for news on the internet.

This is due to the fact that the number of citizen journalists is increasing and the spread of fake news on the internet is increasing at an alarming rate.

Zambia To Set Up National Cyber Security Agency

Chewe Mutale making her presentation

By Paul Shalala in Lusaka

Zambia is in the process of setting up the National Cyber Security Agency which would protect the nation from hackers who aim at disabling strategic industries and state institutions.

The agency will also be charged with the responsibility of protecting the nation from cyber espionage which has recently become common in the west.

Zambia Information and Communication Technology Authority (ZICTA) Cyber Security Officer Chewe Mutale says the National Cyber Security Agency is necessary due to the many hacking incidents which have been recorded in the United States recently.

“Hacking is now a national threat. There is also a shift from mere hacking to cyber espionage. This is the reason why the country will soon set up the National Cyber Security Agency,” said Ms Mutale when she made a presentation at the Internet Freedom Stakeholders Seminar in Lusaka on Wednesday.

The MISA Zambia-organised event attracted dozens of journalists, bloggers, civil society and cyber security experts who discussed various issues affecting the internet in Zambia.

In her presentation, Ms Mutale also said there was need for Zambia to formulate new cyber security strategies and policies which will help protect the nation from online threats.

She said Zambia should be ready to protect itself from cyber attacks of a national scale.

Currently, ZICTA is in charge of regulating the ICT sector and when a crime is committed online, the institution collaborates with law enforcement agencies to bring suspects to book.

On its own, ZICTA cannot prosecute people it finds wanting hence the need for the National Cyber Security Agency to do the job.

The last time Zambia was hit by a major hack on state institutions was in the 1990s when a lone hacker replaced then President Frederick Chiluba's image from the State House website with that of a woman.

The hacker was arrested and taken to court but he was released because the country had no law against hacking at the time.

The court verdict then prompted the genactment of a law on hacking which has since been amended a number of times. 

Rupiah Banda, Elias Chipimo, NGOs React To President Sata's Death

 Below are statements issued by various Zambians and organisations in reaction to President Michael Sata's death in London last night

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Brothers and Sisters, we find ourselves in mourning today with the devastating news of our President's passing.

Rupiah Banda

Michael Chilufya Sata was more than a public servant. He was a passionate competitor, a man of conviction and determination. He was also a loving son, a husband, a father, and to me, despite everything we have been through, a friend.

Above all, Michael Sata was a Zambian, in body, soul, and spirit.

 In these moments of grief, my thoughts and prayers are with the President's family. Though the sadness weighs heavily on your hearts, may God grant you peace, strength, and resolve.

You may count on the support of your fellow countrymen in this difficult time.

It is natural that some people may feel a passionate reaction to this sadness.

But it is most important in this moment to remain calm; to reflect and honour the President with dignity. Others may be unsettled and searching for answers, but we must remain patient and have trust in one another.

 As a country, we have gone through this before, and we made it to the other side because we were united. 

Let this be a time that we set aside the ideas that separate us, and embrace the humanity and dignity that unites us as a country and defines us as a people.

For now, we all mourn and pray for the Sata family, who shall feel our love and compassion. But we will also remain strong, and remember that the darkest hour comes before dawn.

Rupiah Banda

Former President of Zambia

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 The Death of our President

Elias Chipimo

Today we mourn the passing of our republican president. Make no mistake about it, whether we voted for him or not, whether we supported or opposed his ideas or style of leadership, he was our president. His parting is a huge loss to our nation and brings to the fore memories of the passing of the late Levy Mwanawasa.

The passing of Mr. Sata comes at a time when we have just commemorated and celebrated our Golden Jubilee. It is a time that will therefore carry with it, bitter-sweet memories in the years to come.

Our immediate concern must be to mourn our departed leader and to console the first family and our nation. This must not be a time to campaign but a time to mourn. This should not be a time for division but a time to heal. There can be no joy in the death of another but only a sense of awareness of our own death and what we each must do while we are alive to make the most of the remaining time allotted to us by our Creator.

Let us reflect the Zambian spirit that shows there is more that unites than separates us. Let us mourn the passing of our president with the sense of dignity and unity befitting the death of a head of state.

Elias C. Chipimo
President
National Restoration Party (NAREP)
29 October 2014

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Statement by the Grand Coalition on the passing on of President Michael Sata

Father Leonard Chiti

The Grand Coalition on the Campaign for a new People Driven Constitution in Zambia has learnt with great shock about the passing on of the President of the Republic of Zambia, His Excellency Michael ChilufyaSata.

We would like to express our deepest condolences to his family and the people of Zambia over this loss.

Following the death of President Michael Sata, the Grand Coalition would like to inform the nation that we have cancelled our Press Briefing that was scheduled for tomorrow Thursday 30^th October 2014 at the Jesuit Centre for Theological Reflection (JCTR) in Lusaka.

Fr. Leonard Chiti

Chairperson, Grand Coalition Campaign for a People Driven Constitution in Zambia
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STATEMENT ON THE DEATH OF REPUBLICAN PRESIDENT MR MICHAEL SATA

PRISCCA has received with shock and sadness news on the death of Republican President Michael Chilufya Sata. 

PRISCCA has in the past hailed the late president for his compassion for the less privileged and despised in society and specifically his compassion towards prisoners. He is the only president to have pardoned close to five thousand prisoners using prerogative of mercy in the short time he has been in office. He demonstrated his compassion by releasing deserving prisoners amid attacks from some sections of society who felt prisoners being pardoned were posing a danger to society.

Today, a dark cloud has fallen over the prison community. The prison community mourns because the late president and his administration also demonstrated compassion for the prison community by putting various measures in place to alleviate the suffering of prisoners. It was during his reign that we saw rehabilitation of prisons and also the completion of Mwembeshi Maximum B, Luwingu Prison in Northern Province and others. 

Zambia has indeed lost a gallant leader who will be remembered for many years to come by the prison community.

We wish to extend our heartfelt condolences to the Sata family and Zambia as a whole. Let us put our political affiliations aside and mourn our president in peace. May His Soul Rest in Peace.     

Godfrey Malembeka

Executive Director

Prisons Care and Counselling Association (PRISSCA

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NAREP YOUTH COUNCIL MESSAGE OF CONDOLENCES TO THE FIRST FAMILY, GOVERNMENT AND THE PEOPLE OF ZAMBIA ON THE DEATH OUR BELOVED REPUBLICAN PRESIDENT MR MICHEAL CHILUFYA SATA

On behalf of the NAREP Youth Council and indeed on my own behalf, may I extend our heartfelt condolences to the Sata family and the nation of Zambia on the death of His Excellency, President Michael Sata. The youths of NAREP stand in solidarity with his family and all Zambians at this sad time.

This is not the time to divide ourselves or start politicking the death of our President but to join the family and the nation to mourn our President. We urge all the youths and all Zambians countrywide to hold hands and Pray for this nation during this difficult time.

May the good Lord bless our Nation.

Issued by:

Frank Sichone

NAREP Secretary for youth and Sports.

29^th October, 2014

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                                    FOR IMMEDIATE RELEASE

Senior Chief Nsokolo of Mbala has joined the rest of the world and Zambians in mourning President Michael Chilufya Sata, the country’s fifth President who died in London on Tuesday Oct. 28 after an illness.

His Royal Highness has learnt with deep shock over the untimely death of the Zambian leader who he described as a “dedicated leader and a friend” because of constructive interactions the duo had before the demise of the President.

The Mambwe Chiefdom has since sent its heartfelt and deepest condolences to the First Family and indeed Zambians over the death of the President.  He has described President Sata a selfless leader, servant and a person who lived to bettering the welfare of the poor in society.

His Royal Highness has since appealed to the First Family and indeed Zambians to ensure President Sata’s life is celebrated with the honor and respect it deserves particularly that Zambia is just emerging from Celebrating its Jubilee to mark 50 years of independence.

Issued by:

Jeff .S. Kapembwa

Personal Assistant  (PA)

Chief Nsokolo

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Press Statement

29 October 2014

MISA Zambia saddened with death of President Sata

Hellen Mwale

 The Media Institute of Southern Africa (MISA) Zambia has learnt with deep sorrow about the death of Zambian President Michael Sata at the time Zambia is celebrating its Golden Jubilee.

 MISA Zambia will remember President Sata for his contribution towards media freedom which included making the Independent Broadcasting Authority (IBA) Act of 2002 operational and allowing the Zambian media to self-regulate through the Zambian Media Council (ZAMEC).

We convey our deepest condolences to the President’s family as we mourn with the people of Zambia and pray for God’s comfort during this sad period.

 May the soul of our departed President rest in peace.

Hellen Mwale

Chairperson – MISA Zambia

29 October 2014