Cybercrime Bill Must Protect Rights, Not Weaken Them
2026-02-20
The NMT Media Foundation has submitted detailed recommendations on Namibia’s draft Cybercrime Bill. We recognise the urgent need to address cybercrime, strengthen cybersecurity, and protect people from genuine online harm. However, these objectives must be pursued within the limits of the Namibian Constitution.
Laws that expand surveillance, criminalise vague categories of online speech, or impose liability on intermediaries without clear safeguards risk undermining the very rights they claim to protect.
Our submission is grounded in Article 13 and Article 21 of the Constitution, as well as African Union standards and international human rights law. We raise concern about broad surveillance powers, low authorisation thresholds, secrecy provisions, and the absence of strict necessity and proportionality tests. We also call for the removal of provisions that criminalise “undesirable content” or impose criminal liability on account administrators. Cybercrime law should target clearly defined criminal conduct such as fraud, unlawful access, and system interference. It should not become a tool for content regulation or private censorship.
We have proposed concrete amendments to ensure constitutional compliance. These include limiting interception to serious offences, requiring judicial renewal and post-surveillance notification, protecting encryption, safeguarding security research and journalism, and tightening search and seizure powers. Effective cybercrime legislation must protect both digital systems and fundamental rights. Parliament now has an opportunity to strengthen this Bill so that it enhances security while reinforcing democratic accountability and media freedom.
Download our full submission here.
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