State of the media report Q1-2021

3.2.

LEGAL ENVIRONMENT

The legal environment in the fourth quarter was eventful with landmark developments that highlight
certain peculiarities of media freedom in Zambia.
The most notable development in the legal environment was the enactment of the Cyber Security and
Cyber Crimes Act No. 2 of 20218 which seeks to provide for the protection of persons against
cybercrime, provide for child online protection and the identification, declaration and protection of
critical information infrastructure, inter alia.
Arguably, the Act has certain progressive provisions which could strengthen the regime against
cybercrimes which are on the rise. Prior to the Cyber Crimes Act, the legal regime against cybercrime
was anchored on the Electronic Communications and Transactions (ECT) Act No. 21 of 2009 and the
ICT Act No. 15 of 2009. The two Acts were not as effective given certain limitations posed by rapid
advancements in technology as well as the challenges regarding admissibility of electronic evidence
for effective prosecution of certain cyber or digital crimes. The Act was, thus, an attempt to cure this
challenge identified in the implementation of the two precursor laws.

8

As assented to on 24th March, 2021. See http://www.parliament.gov.zm/node/8832
18

Select target paragraph3