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

Select target paragraph3