Why Chapter One Has Joined the LAZ Petition Against the Cyber Crimes Act

By Linda Soko Tembo

Chapter One Foundation has joined the Law Association of Zambia (LAZ) in petitioning the High Court, arguing that the newly enacted Cyber Crimes Act grants the state excessive surveillance powers that threaten privacy and freedom of expression.

The organisation says these provisions could impede its human-rights work and be used to silence activists, journalists and other civic voices online.

The High Court has granted Chapter One Foundation leave to join the petition, which challenges several sections of the Cyber Crimes Act No. 4 of 2025.

According to court filings, the petition argues that parts of the Act may violate constitutionally protected rights, including the right to privacy, freedom of expression, and media freedom.

Chapter One Foundation, alongside four other civil society organisations: the Alliance for Community Action, Bloggers of Zambia, GEARS Initiative Zambia, and the People’s Action for Accountability and Good Governance, first challenged the constitutionality of the Cyber Security and Cyber Crimes Act No. 2 of 2021 in April 2021. Their petition followed widespread concerns raised after Parliament passed the original law under an expedited consultative process.

When the United Party for National Development (UPND) assumed office in August 2021, it pledged to amend the law to address the human-rights concerns raised by stakeholders. This resulted in two new legislative instruments, the Cyber Security Bill and the Cyber Crimes Bill, which passed their third readings in March 2025 and were enacted on 12 May 2025, repealing the 2021 Act.

However, the adoption of the new cyber laws did not quell public anxiety. On 11 July 2025, LAZ petitioned the High Court, seeking the removal of provisions it believes are inconsistent with the Constitution. Chapter One Foundation subsequently applied to join the case, and on 3 October 2025, the High Court granted the organisation leave to participate.

In its affidavit, the Foundation argues that the Cyber Crimes Act No. 4 of 2025 “directly interferes with its operations, including its freedom of expression and its ability to defend human rights or promote accountability online,” and that it will therefore be directly affected by the outcome of the matter.

The petition challenges several sections of the Cyber Crimes Act, including:

• Sections 3, 5, 6, 9, 10 and 11, which create offences related to unauthorised access to computer systems, possession and disclosure of data, system interference, and the recording of private conversations.
• Sections 19(1)(a), 21 and 22, which address deceptive electronic communication, disclosure of investigative information, harassment and online humiliation.
• Sections 24(1)(b), 27(2), 28, 29, 30, 31 and 32, which cover cyber-terrorism, search and seizure powers, forfeiture of property, assistance to law enforcement, and the preservation, disclosure and collection of traffic data.

Several of these provisions give law enforcement wide powers, including the ability to:

• Search and seize electronic devices (Section 27)
• Forfeit property linked to suspected offences (Section 28)
• Compel individuals or organisations to provide access to computer systems or assist investigations (Section 29)
• Preserve, disclose or collect traffic data, including through ex-parte court applications (Sections 30–32)

Critics argue that these powers enable broad state surveillance and could be used to intimidate activists, journalists and other dissenting voices.

Chapter One Foundation contends that the challenged provisions violate, or are likely to violate, constitutionally protected rights, including:

• The right to privacy
• Protection from deprivation of property
• Freedom of expression—including the rights to hold opinions, receive and impart information, and press freedom.

The High Court is expected to set hearing dates. The outcome of the case is likely to have far-reaching implications for press freedom, digital rights and the regulation of online spaces in Zambia.