Cybersecurity and Cybercrime Laws in the SADC Region https://zimbabwe.misa.org as encapsulating “acquiring, viewing, listening or recording any computer data communication through any other means of electronic or other means, during transmission through the use of any technical device.” Although some of the wording in this section is problematic, it borrows heavily from the Budapest Convention. Section 7 of the Act makes it an offence for any person who (a) damages or deteriorates computer data; (b) deletes computer data; (c) alters computer data; (d) renders computer data meaningless, useless or ineffective. The person commits the offence if he or she acts intentionally and unlawfully. The definition also captures the elements of the offence as required by the Budapest Convention. of 2009; provides powers to investigate and prevent cybersecurity incidents, criminalise offences against computers and network related crime; provide for investigation and collection of evidence for computer and network related crime; provide for the admission of electronic evidence for such offences; and provide for matters connected within or incidental ton the foregoing. The Act has been used to arrest social media users and bloggers in Tanzania. Given the broad and vague definitions of some of the offences that criminalised under the Act, it was noted that the government of Tanzania have abused the law to silence critics and dissent. Zambia In August 2018, the Zambian government approved the Cyber Security and Cyber Crimes Act, which seek to regulate social media and enhance cyber security. It replaced the Electronic Communications and Transactions Act of 2009. The main objectives of the Act are to: (a) authorise the taking of measures to ensure cyber security in Zambia; establish the Zambia National Cyber Security Agency and provide for its functions; protect victims against cybercrime; provide for Child Online Protection; provide Information and Communication Technology user education on cybersecurity and develop local skills in cyber security; facilitate identification declaration and protection of critical information infrastructure; repeal certain provision in the Electronic and Communications Transactions Act No. 21 30 The Act also deals with various crimes committed using internet and social media platforms. It deals with issues such as extradition, admissibility of electronic evidence, search and seizure, collection of traffic data, interception of content data and mutual assistance and cooperation relating to the investigation and prosecution of an offence committed under the Cyber Crime Act. It seeks to facilitate intelligence gathering, investigation, prosecution and judicial processes in respect of preventing and addressing cybercrimes, cyber terrorism and cyber warfare. However, progressive civic groups such as MISA-Zambia and Zambian Bloggers Network have argued that this Act has several provisions that have the potential to infringe on internet freedoms. For example, the Act provides penalties of up to one year in prison, fines, or both for “any electronic communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person,” which could be used to crackdown on legitimate online expression. The Act also facilitates the establishment of a cyber security regulator, which seeks to protect Zambia’s critical infrastructure from cyber-attacks. The regulator is the Zambia Cyber Security Agency. Some of the functions of the agency include: (a) coordinate the Zambia Computer Incidence Response Team; coordinate and oversee all activities related to cybercrime