Zambia’s Cyber Security and Cyber Crimes Act

1. Overview

The Cyber Security and Cyber Crimes Act (No. 2 of 2021), which was enacted as a law in 2021, is Zambia’s primary law against modern online threats. In its provision for robust protection of digital infrastructure, the law covers emerging threats such as deepfake technology, cyber fraud, and internet harassment. Specifically, it provides the legality as far as prosecuting synthetic media-related offenses are concerned, which have the potential to violate privacy or endanger national security.

2. Prohibited Scope of the Law: What is Not Allowed Digital Content

Producing or spreading spurious deepfakes for monetary benefits, exploiting AI-changed content for defamation or coercion, and such other digital wrongdoings all fall within the wide purview of the Act.

With an emphasis on ill-use, the law offers scant exemptions for journalistic material, creative material, and academic study, as long as they do not violate other laws or intend to mislead the public. The law is just as applicable in the Zambian jurisdiction against single creators, distributors, and host operators.

3. Key Provisions: Breaking Down the Legal Requirements

• Forbidden Activities (Section 21): Bans “intentional creation, alteration, or distribution of digital content with the purpose to deceive, harm, or defraud” and all forms of deepfake manipulation.Bars the employment of “digital impersonation for the end of realizing unlawful advantages” (within the context of voice-cloning swindling.
• Data protection provisions: Section 34 mandates “affirmative consent” prior to the utilization of personal biometric data within AI systems. Requirements for “clear labeling” of pirate content that could be confused as legitimate (dependent on implementation).
• Platform Requirements: Section 45 mandates online service providers to provide “takedown mechanisms” for illegal content.

4. Penalties & Enforcement: Sanctions for Offenses

The Act offers gradations of sanctions based on the gravity of the offense.

• Offenses: Up to ZMW 150,000 or three years imprisonment offenses (e.g., interference with elections), ZMW 300,000 or 10 years imprisonment.
• Organizational liability: Organizations’ offenses incur a further 20% penalty.

Enforcement framework: The principal regulator with investigation powers is ZICTA. Technical matters are addressed by Special Cyber Courts, established in 2022. Financial Intelligence Center traces suspicious transactions linked to online offenses.

5. Notable Cases & Judicial Precedents

• 2023 Lusaka Case: First conviction under Section 21 for AI-driven voice fraud targeting senior citizens.
• Ongoing Legislation Test: Ongoing constitutional test of whether the Section 21 provision is capable of infringing free expression rights.
• Election Monitoring: 37 cases of suspected man-made media were registered by ZICTA in local elections in 2023

6. Global Comparison

Zambia’s Cyber Crimes and Cyber Security Act has several significant differences compared with regional and international standards. The law is stronger than that of most of the East African nations’ cyber legislation, particularly in its explicit provisions of synthesized media and altering electronic content. But in strong data protection legislation, it trails South Africa’s comprehensive Protection of Personal Information Act (POPIA). 

Being the sole African jurisdiction to have established specialized cyber courts to manage technical cases, the government of Zambia possesses an innovative inbuilt feature where one can experience more specialized cybercrime adjudication. In particular, the Act lacks clear parody and satire protections, which are directly addressed under the Digital Services Act of the European Union. That is a very critical regulatory loophole. Such exclusion can lead to difficulties in finding a balance between the restraint of cybercrime and freedom of creative expression.

7. Hands-on Guidance: Compliance & Protection Measures

For Content Creators:

– Maintain verifiable records for consent for any use of biometric data.

– Display visible watermarks on artificial content.

For Victims:

– Preserve metadata as evidence (necessity for ZICTA investigations).

– Utilize ZICTA’s 24/7 cybercrime hotline (+260-211-368000).

For Platforms:

– Implement in-house deepfake detection processes.

– Appoint Zambia-based legal contacts for compliance purposes.

8. Future Perspective: Emerging Regulations of the AI Age

Upcoming Amendments :

• Mandated “Synthetic Media Registry” for political media
• Stricter KYC requirements for AI service providers
• Regional Cooperation: Zambia is negotiating with Zimbabwe and Tanzania for border       enforcement agreements that address deepfake crimes in particular
• Investments in Technology: ZICTA is piloting AI detection technology with INTERPOL’s support