reach out to their customers and clients alike. This may have led to a
significant loss of revenue25.
Finally, the blockade violates certain basic standards where freedoms of
expression, speech and assembly are concerned. This is also reflected in the
Universal Declaration on Human Rights and the International Covenant on
Civil and Political Rights (ICCPR). These conventions embody the principles
of proportionality and protection of legitimate interests in derogating from
the fundamental freedoms. As such, Freedom of expression as enshrined in
the Zambian Constitution in Article 20 states as follows:
Except with his own consent, no person shall be hindered in the enjoyment of his
freedom of expression, that is to say, freedom to hold opinions without
interference, freedom to receive ideas and information without interference,
freedom to impart and communicate ideas and information without interference,
whether the communication be to the public generally or to any person or class of
persons, and freedom from interference with his correspondence

Notwithstanding, there exist certain situations in which derogations from
the freedom of expression are granted. These include protection of public
morals, health, security and order. It is from these derogations that other
laws derive their impetus to restrict freedom of expression (even online in
this case), such as the emergency powers which allow for severe actions as
well as the Penal Code.

More directly, though, Section 14 of the Cyber

Security and Cyber Crimes Act (No. 2 of 2021) gives the following powers
and

privileges

relating

to

emergency

cyber

security

measures

and

requirements:
14. (1) The Minister may, in consultation with other relevant agencies, issue
regulations authorising or directing a person or organisation specified in the
regulations to take such measures or comply with such requirements, where the
Minister considers it necessary for the purposes of preventing, detecting or
countering a threat to—
(a) the essential services;
(b) national security and defence;
(c) foreign relations;
25

There are currently no available statistics on the extent of online commerce as well as the losses incurred as
a result of the shutdown in question.

33

Select target paragraph3