State of the media report Q1-2021

of communication
55

Criminalises aiding, abetting,

This could be used against persons who come into

concealing, procurement, inciting or

contact with vital information e.g. journalists and

solicitation of another person to

their confidential sources; a journalist could be

commit or conspiring to commit any

considered to be aiding and abetting/conspiring

offence under the Act

when they deal with a source who has information
that is considered an offense under the Act
regardless

of

public

interest

nature

of

the

information
59

Offenses of obscene matters or things Obscenity is subject to moral interpretation and is
including possession of any one or thus prone to arbitrary application as has been the
more obscene, drawings, paintings, case previously9. Journalist, in the course of their
pictures, images, posters, emblems, duty, are likely to possess or inadvertently come into
photographs, videos or any other contact with obscene material or be cited for
object tending to corrupt morals

circulation even when done in public interest. The
Section is too open and vague.

The Act and its provisions are, thus, polemical especially that the country will conduct general
elections in August and ICT infrastructure will play a crucial role in information dissemination,
campaigns and media communication. As such, it is important that the Act is applied judiciously and
with respect to the Constitutional guarantee of freedom of expression as well as other relevant guiding
documents such as the 2001 Budapest convention on cybercrime which gives protocols on lawful
interception among other issues in fighting cybercrime and the 2013 SADC model law on computer
crime and cybercrime which sets the standard for cyber security and cybercrime in the Southern
Africa Region by balancing law enforcement and public interest. Other international provisions worth
taking into account in weighing the Cyber Crimes Act include the African Union Convention on
cybersecurity and personal data protection, more commonly called the Malabo Convention.
It is no wonder, then, that certain stakeholder expressed reservations on the Cyber Crimes Act. For
example, a consortium of twelve (12) civil society organisations called for the withdrawal of the Bill

9

In 2009, journalist Chansa Kabwe was arrested for alleged circulation of obscene material after she sent
pictures of a mother giving birth outside the University teaching Hospital to politicians who included then VicePresident, George Kunda. Ms Kabwela was eventually acquitted. See https://cpj.org/2009/11/zambian-editoracquitted-in-hospital-obscenity-cas/
21

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