Stakeholders wants cyber security law enforced on political hate speech

The Centre for Trade Policy and Development (CTPD) has expressed concern that some politicians peddling hate speech have not been charged with cyber-crime in line with Cyber Security Act of 2021.

CTPD Researcher- Legal, Chileshe Mange argues that the hate speech borders on cybercrime because the videos are posted on social media platforms.

In a press statement to ZANIS, Ms. Mange has therefore questioned why authorities have turned a blind eye on enforcing the Cyber Security Act of 2021 to politicians using disparaging remarks.

She noted with concern that certain politicians who have made derogatory comments directed at specific tribes or groups of people have not been brought to book.

Ms Mange said although what constitutes hate speech is subject to interpretation, the implementation of digital security laws ahead of the August 12 General Elections is a source of concern.

“This brings into question the fairness and uniformity with which the law will be implemented especially given the concerns that were raised by civil society organizations and other stakeholders about the Cyber Security Act curtailing freedom of expression,” she said.

And Ms. Mange said there is need to harmonize Data Protection Act No. 3 of 2021 as well as the Cyber Security Act.

She explained that the Cyber Security Act provisions allow interception of communication are in conflict with the Data Protection Act No. 3 of 2021 which has specific guidelines for the manner in which data, such as personal information, should be stored, processed and managed.

“This lack of harmonization between the provisions in the statutes may present challenges in implementing and enforcing the law, especially as the country prepares to vote in the General Elections scheduled for 12 August 2021,” Ms. Mange said.

In the second quarter of 2021, government enacted legislation that regulates cyber security as well as the storage, processing, and protection of electronic data in relation to private and corporate citizens.

This include the Cyber Security Act No. 2 of 2021 which was enacted primarily to provide for the protection of persons against cybercrime and the continuation of the Central Monitoring and Co-ordination Centre, as well as the protection of critical information infrastructure.