Zambian PS Warns Against Spreading Falsehoods From Abroad

In Zambia, Information and Media Permanent Secretary Thabo Kawana recently issued a warning that authorities are closing in on individuals, specifically naming Emmanuel Mwamba, who are allegedly spreading false information from abroad via social media.

This development is significant for practitioners as it highlights the Zambian government's intent to extend its regulatory reach to online content originating from outside its physical jurisdiction. It raises critical questions about freedom of expression, the definition of "false information," and the extraterritorial application of Zambian law, particularly concerning social media. Businesses and individuals engaged in online communication, especially those with a Zambian audience, must be aware of the potential for legal action, even if operating from abroad.

The relevant legal framework would likely involve Zambia's cyber security laws, such as the Cyber Security and Cyber Crimes Act No. 2 of 2021, which criminalizes various forms of online misconduct, including the dissemination of false information. The Act provides for penalties for such offenses and grants powers to law enforcement agencies. The challenge lies in the extraterritorial enforcement of these laws and potential conflicts with international law principles or the laws of the jurisdictions where the alleged offenders reside. Constitutional provisions guaranteeing freedom of expression, subject to limitations, would also be central to any legal challenge. The Zambian courts, including the High Court and potentially the Supreme Court, would be the ultimate arbiters of such disputes.

The key parties involved are the Zambian government, represented by Information and Media Permanent Secretary Thabo Kawana, and individuals like Emmanuel Mwamba, who are accused of spreading false information. The specific legal bodies that would prosecute or adjudicate such cases would be the National Prosecutions Authority and the Zambian judiciary. The outcome of any potential legal action against individuals like Emmanuel Mwamba is not yet reported.

Attorneys should advise clients, particularly those involved in media, political commentary, or any form of public communication targeting Zambia, to exercise extreme caution regarding the veracity of information shared online, irrespective of their physical location. They should monitor any legislative amendments or judicial interpretations of the Cyber Security and Cyber Crimes Act, especially concerning its extraterritorial application and the definition of "false information." Businesses with a digital presence in Zambia should review their content policies to ensure compliance with Zambian law, even if their operations are based elsewhere.