State of the media report Q1-2021 However, the law was enacted in the quarter under review has an expanded scope with various provisions which provide remedies beyond the legal ailments identified above, some of which are discussed below. This is against the backdrop of the current legal regime which has several laws that are inimical to freedom of expression. Most interview respondents were of the view that the Cyber Security and Cyber Crimes Act in its totality threatens freedom of expression and access to information given the excessive provisions which could allow for arbitrary application or targeting of critical individuals as well as undermining investigative journalism. This could in turn create a chilling effect among citizens. One of the respondents, a prominent legal practitioner and human rights defender stated that: The first quarter of 2021 has not gotten off to a good start with the enactment of the Cyber security and cybercrimes Act No. 2 of 2021. This piece of Law will clamp freedom of expression and of the media by its many restrictive provisions which will cause a lot of selfcensorship and fear in journalists and bloggers. Sections of the Cyber Crimes Act posing possible challenges to freedom of expression (and the media) are itemised as follows: SECTION SPIRIT/SUMMARY 3 DANGER Subject to the Constitution, where Generally, this could water down safeguards in other there is an inconsistency between the progressive laws such as the Public Interest provisions of this Act and the Disclosure Act; any law must be “reasonably provisions of any other written law justifiable” in a democracy (especially in relation to relating to the regulation of cyber freedom of expression) and this is the underlying security, cybercrimes and digital principle forensics, the provisions of this Act shall prevail to the extent of the inconsistency. 9, 11 Grants a cyber-inspector power to While obtaining a warrant is included as a safeguard, inspect and search a “computer the generality of “computer or information system” system” or information facilities or even system, will included even simple media systems qualify as persons on such computer systems which input, output, process and premises as well as make such store data and information. This could make certain necessary copies of any relevant data media houses/individuals targets of unnecessary searches given the challenges authorities have had 19