Free Press Initiative applies to join LAZ case challenging cyber laws

By GRACE CHAILE

ZAMBIA Free Press Initiative Limited (FPI) has contended that the newly enacted cyber laws, though intended to strengthen cyber security and curb crime, risk imposing disproportionate restrictions on media freedom and digital expression if not narrowly interpreted and applied in line with constitutional safeguards.
FPI has applied to join, as amicus curiae (friend of the Court), the case in which the Law Association of Zambia (LAZ) challenged the constitutionality of the Cyber Security Act No. 3 of 2025 and the Cyber Crimes Act No. 4 of 2025 before the Lusaka High Court.

LAZ filed its petition on July 11, 2025, asking the court to strike out specific provisions of the two laws on grounds that they unjustifiably limit the rights to privacy, freedom of expression, freedom of the press and freedom of association, contrary to Articles 17, 19 and 20 of the Constitution.
The Attorney General was cited as the respondent in his capacity as the government’s chief legal adviser.
In an affidavit in support of the application, FPI executive director Joan Chirwa stated that she was duly authorised by a board resolution to bring the application on behalf of the organisation.
Ms Chirwa explained that the matter arose from LAZ’s petition under Cause No. 2025/HP/0975, which challenged the constitutionality of the two cyber laws.
She said the applicant was a non-profit organisation founded in July 2018 to promote press freedom, professional journalism and human rights.

She noted that FPI had contributed to campaigns that led to the enactment of the Access to Information Law, supported the Media Self-Regulation Framework and consistently advocated for the repeal of laws that hinder journalism, including the former offence of defamation of the President.
Ms Chirwa said the applicant had a direct and legitimate interest in the case because it concerned digital communication and journalistic expression, issues central to its mandate.
She asserted that the petition raised questions of exceptional public importance with far-reaching implications for press freedom, digital rights and democratic participation.
Ms Chirwa contended that FPI possessed expertise on the intersection of journalism, technology and human rights, gained through research, capacity building and engagement with both government and civil society.
She stated FPI sought admission to assist the court with neutral, independent expert insight and would not duplicate arguments made by the parties.

She added that the interests of justice would be served by the organisation’s participation, as it would help the court appreciate the practical human-rights and media implications of the impugned provisions.
Ms Chirwa noted that the application was made in good time because the main matter remained pending.
She urged the court to grant leave for the applicant to be admitted as amicus curiae, describing the proceedings as profoundly important to the country’s constitutional and democratic order.