(d) economy;
(e) public health and public safety;
(f) public order of the Republic; or
(g) an electronic communication system, computer system and information system.
(2) A person who fails to take any measure or comply with any requirement
directed by the Minister under subsection (1) commits an offence and is liable on
conviction to a fine not exceeding one hundred thousand penalty units or to
imprisonment for a term not exceeding three months or to both.

Clearly, based on this provision alone and the legal regime establishing the
Zambia Information Communications Technology Authority (ZICTA) as well
as licensing regulations for service providers, government authorities have
power to restrict internet coverage for various reasons established by the
law, though vague and arbitrary in certain cases. However, because of the
latitude granted by these legal provisions, it is important that such actions
are justifiable in a democratic society and exercised in a transparent
manner that allows for accountability. In the case of the August blockade,
there was no official communication from the government as to the reason
for the partial internet shutdown which led to social media being
inaccessible nor communication as to which legal provisions were being
enforced and the extent or parameters of the shutdown.
Such transparent action would have shown the process taken to arrive at
the decision for the partial internet shut down - a due process of
comprehensive consideration of all interests. The government’s declaration
lacked, and therefore, the whole process was shrouded in mystery and
citizens could only speculate as to the reason for the shutdown. Such a
situation is unfortunate as it leaves room for abuse and arbitrary
application of legal provisions to stifle dissent and divergent views, especially
that social media have made the realisation of a public sphere possible in
countries like Zambia.
It is no wonder then, that the Lusaka High Court stayed ZICTA’s order to
service providers to block access to social media sites and granted leave to
Chapter One Foundation (a local advocacy organisation) to commence

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