Zimbabwe’s Cybersecurity Law Raises Concerns Over Freedom of Expression
Harare, Zimbabwe - A new cybersecurity law has been enacted in Zimbabwe, but experts are raising concerns over its potential impact on freedom of expression and privacy.
The Data Protection Act: Key Provisions
The Data Protection Act amends three other pieces of legislation and includes provisions that criminalize the transmission of data messages that incite violence or damage to property. However, critics argue that these provisions are vague and could be used to silence digital activists and opposition leaders.
- Criminalizes transmission of data messages that incite violence or damage to property
- Includes provisions related to transmission of false data messages
- Covers issues such as cyberbullying and harassment
- Addresses child-protected materials like child sexual abuse material and exposing children to pornography
Concerns Over Freedom of Expression
Critics argue that the law’s provisions are too broad and could be used to silence online activism. Evan Mawarire, a prominent activist, was arrested last year for expressing concerns about the high cost of living in Zimbabwe on his Facebook account. Similarly, journalist Hopewell Chin’ono was arrested on charges of inciting violence through social media.
- “This law is a threat to digital activism in Zimbabwe,” said a spokesperson for MISA Zimbabwe, a local media watchdog group.
- “It’s unclear what constitutes incitement, and ordinary citizens cannot campaign or demonstrate online without fear of arrest.”
Progressive Provisions
While some provisions in the law are raising concerns, others are seen as progressive. For example, the law criminalizes the intentional transmission of intimate images without consent, which is expected to help combat revenge pornography.
- Criminalizes intentional transmission of intimate images without consent
- Addresses child-protected materials like child sexual abuse material and exposing children to pornography
Concerns Over Cybersecurity Regulatory Framework
MISA Zimbabwe remains concerned about the inclusion of a cybersecurity regulatory framework in the law. The group says that the law gives too much discretion to the Cybersecurity and Monitoring of Interception Communications Centre, which is housed in the President’s office.
- “This is a typical case of moving one step forward and three backwards,” said the spokesperson.
- “The unjustified limitations include exemptions based on national security, state interests and public interests, which are vague and open to abuse.”
Call for Repeal or Amendment
MISA Zimbabwe has called for the repeal or amendment of some provisions in the law, including those related to incitement of violence and transmission of false data messages.
- “We need ample time for purposes of application or enforcement of a law of this nature,” said the spokesperson.
Conclusion
While some provisions in the law are seen as progressive, others raise concerns over freedom of expression and privacy. As Zimbabwe moves forward with implementing its cybersecurity laws, experts say that it is crucial to strike a balance between protecting citizens’ rights and promoting national security.