https://zimbabwe.misa.org

Cybersecurity and Cybercrime
Laws in the SADC Region

civil society organization have proposed the
outlining of clear procedures and elements
in order to establish intention to commit the
offences so as to ensure that a balance will
be struck between regulation of the Internet
space and exercise of fundamental rights (MISAZimbabwe, 2020).

on Principles of Freedom of Expression and
Access to Information in Africa. This entails
popularizing the ACHPR Principles on Freedom
of Expression and conduct advocacy around the
instrument itself in different SADC countries,
and engaging the special rapporteur on Freedom
of Expression to meet different stakeholders
including government officials and departments.

Advocacy strategies that can be relied
on to ensure that these laws promote
rather than curtail the exercise of rights
This section foregrounds advocacy strategies that
can be used to inform the necessary interventions
that should be done to promote the human rightsbased approach in the coming up with data
protection, cybersecurity and cybercrimes, and
electronic transactions legislation in the region.
It was noted by the respondents that there is need
to engage in strategic litigation, capacity building,
research, popularisation, influencing policy and
laws and advocacy linked to Model Laws and
the Declaration on Principles of Freedom of
Expression and Access to Information in Africa.
Key informants pointed there is urgent need to focus
on advocacy around domestic laws (Cybsecurity and
cybercrime laws), Model Laws (Budapest, Malabo
and SADC) and the Declaration on Principles of
Freedom of Expression and Access to Information
in Africa. This advocacy campaigns can focus on
the protection of privacy and personal information
online and communication surveillance, advocacy
around the Internet as a standalone right (and not
advocate it under other rights), and advocacy on
evaluating laws around COVID-19 for compliance
with the Declaration on Principles of Freedom of
Expression and Access to Information in Africa.
Another area requiring concerted efforts relates
to advocacy on publicity and visibility of the
domestic laws, Model Laws and the Declaration

Another advocacy strategy, which was mentioned
by key informants relate to advocacy on domestic
laws, Model Laws and the Declaration linked
to African Commission on Human and People’s
Rights activities. This encapsulates putting
pressure on national governments in the SADC
region to do the reporting or to do their own
shadow reporting on their compliance with the
Declaration and Model Laws. This is particularly
important because State Parties have an
obligation to also report on the Declaration in
periodic reports to ACPHR. CSOs in SADC have
to engage the ACPHR when there are human
rights violations taking place so that it can be
used to send urgent appeals or delegations to the
affected countries to protect lives.
Research was also mentioned as an important
strategy that CSOs and academia can use to
ensure that cybersecurity and cybercrime
laws are used to promote rather than curtail
the exercise of inalienable rights. This consists
of studies on the impact of surveillance and
cyber-security laws on the protection of privacy
and personal information, research on national
emergency laws criminalising the spread of false
and misleading information in the SADC region,
research on the impact of contact tracing on the
protection of privacy and personal information,
comparative research on the criminalisation of
racist or xenophobic hate speech, and organising
sharing sessions involving the special rapporteur
and parliamentarians and CSOs.

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Select target paragraph3