Is pornographic material free speech that should be protected, or is it obscenity and even a public health concern? While we all have our own personal opinions, the countries in which we live have the final legal say in the matter-and some countries have deemed pornography not only immoral, but also illegal.
Definitions and restrictions on pornography vary across jurisdictions. The production, distribution, and possession of pornographic films, photographs, and similar material are activities that are legal in many but not all countries, providing that any specific people featured in the material have consented to being included and are above a certain age. Various other restrictions often apply as well (e.g. to protect those who are mentally handicapped or highly intoxicated).
The meaning and range of obscenity differ from country to county. Most western countries allow hard-core pornography showing genitals and actual penetrations while other countries only allow soft-core pornography without showing genitals and actual penetrations. There are countries that ban pornography completely.
This article excludes material considered child pornography or zoophilic pornography. In most cases the legality of child pornography and the legality of zoophilic pornography are treated as separate issues, and they are usually subject to additional, specialized laws. Specialized laws to address the emerging phenomenon of "deep fake" pornographic content became an active subject of law-making and litigation in the 2020s, although fictional and semi-fictional pornography have existed throughout history.
Read also: Laws on Pornography in Egypt
Location of Zambia in Africa
The Cyber Security and Cyber Crimes Act 2021
Zambia recently enacted a controversial digital security law aimed at tackling digital crime, the Cyber Security and Cyber Crimes Act 2021 (Act). Government, on the other hand, maintains that the Act will help combat cybercrime, coordinate cyber security matters, develop relevant skills and help promote the responsible use of social media platforms.
Some of the key the provisions of the Act and their implications for service providers in the telecommunications sector as well as private citizens are outlined below.
Under the Act, a law enforcement officer must obtain an order from a judge of the High Court of Zambia prior to intercepting the communication. To facilitate the effective interception of communication, the Act creates the Central Monitoring and Co-ordination Centre (Centre), which will be managed, controlled and operated by the department responsible for Government communications in liaison with the Zambia Information Communications and Technology Authority (Authority).
Service Providers are also required to use an electronic communication system which has the capability of being lawfully intercepted and to store call-related information in accordance with the provisions of the Act. The requirement to comply with the interception provisions of the Act will place significant compliance and financial obligations on Service Providers whose systems do not already allow for lawful interception.
The costs of procuring new infrastructure or upgrading of existing infrastructure to ensure that a Service Provider is compliant with the provisions of the Act must be borne by Service Provider.
Read also: Overview of Uganda's Pornography Laws
In addition, the Act has introduced strict offences relating to producing, distributing, selling or making available, being in possession of pornography or child pornography.
US Issues Warning Over New Zambian Cyber-Security Law
" US issues warning over new Zambian cyber-security law" 17 April 2025The US embassy in Zambia has warned its citizens to be wary of a new "intrusive" cyber-security law introduced in the southern African country. The embassy issued an alert telling Americans "in or planning to visit Zambia of a new law that requires the interception and surveillance of all electronic communications in the country".
Zambia's government said the law was needed to tackle online fraud and child pornography, as well as the spread of disinformation.
Following the alert from the US embassy, Zambia's foreign ministry released a statement saying that the new Cyber Security Act was "not intended to invade any person's privacy" - whether Zambians or foreigners.
"The Law does not authorize mass or random surveillance. Any interception or data request requires a court-issued warrant," it said.
Read also: A Deep Dive into Pornography Legislation in Morocco
The statement added that the "classification of 'critical information'" referred to national security, "and any assessments or actions taken are carried out by authorized institutions, in line with due process".
The new measure empowers a law enforcement officer with a warrant to enter any premises to search and seize a computer or computer system containing material that is either evidence necessary to prove an offence or acquired by a person as a result of an offence. It also allows the government to extradite Zambians deemed to have committed any offence under the law, with a range of jail terms prescribed.
Such a declaration would impose additional compliance obligations on the controller of such information.
Online pornography is legal in Australia. However, pornographic DVDs and magazines (which have since become obsolete) are rated X18+ by the Australian Classification Board (ACB), meaning they are restricted to those over the age of 18. Furthermore, they can only be purchased in the Australian Capital Territory and some parts of the Northern Territory.
Pornography rated X18 is permitted by the law only if sold to persons over the age of 18 in registered stores. Pornographic DVDs have in the past been sold on the streets in Uganda.[47] However, an Anti-Pornography Act (popularly known as the "Anti-Miniskirt Law") was signed into law in 2014 with the stated objectives of defining what constitutes the offence of pornography and establishing a Pornography Control Committee.
The law broadly defines pornography as "any representation of the sexual parts of a person for primarily sexual excitement".[47] The law says that "a person shall not produce, traffic in, publish, broadcast, procure, import, export, sell or abet any form of pornography".
By passing the "Pornography Control Act, 2012", the government of Bangladesh prohibited the carrying, exchanging, using, selling, marketing, distributing, preserving, filming etc. of pornography (sexually explicit materials, unless it has artistic and/or educational value).
Pornographic films in Hong Kong are referred to as Category III films, after the territory's motion picture rating system. Prior to 1988 films with excessive nudity, violence, cursing in Chinese and drug use were not allowed to be shown in public theaters.[citation needed] This did not however mean that porn was banned. Porn was and still is legal and easily accessible.[citation needed] In the 80s and 90s before the internet was widespread, it was common to see adult videos for rent in convenience stores and elsewhere.[citation needed] Category III films are not similar to the R-rated films in the United States.
The Philippine penal code prohibits the production and distribution of obscene ... “22.
The ones in power in Zambia is getting used to it and wants to stifle other voices. President Hakainde Hichilema and the ruling regime of United Party for National Development (UPND) are now on the slippery slope of the Patriotic Front (PF). President HH is no different than Lungu. The only difference between them is their face and how they are perceived in the West.
HH is a beloved character in the West and is a darling at the moment. His the man and the progressive leader. Nevertheless, there been cracks in that and this law is just opening up the floodgates. This President has already gone after judges and after his predecessor.
So, he showed his true self in power by now. This Cyber Crimes Act is vague and one article alone can be used to silence critics, as it is written in such a manner, that any sort of interpretation of the law enforcement and judges can easily penalize and sanction a citizen. That’s what I am seeing by the Article 22.
Yes, the law has plenty of good articles and punishment on soliciting child porn and lewd procurement of pornography in general, which are good. That should be illegal and is by definition a well thought out of passages of law. However, there are others that needs to be discussed and should possibly be revoked or amended. As these are just tools of oppression of the state.
“19. Me just as an layman can read these two articles and be worried about the citizens of Zambia. The people of Zambia should be worried here. These two articles and punitive actions that can waged on people can easily be done. As they are allowing the state to follow this and also gives them reasons to arrest people.
Sooner or later cases will open up and people will be detained as a effect of the law. That is just the bleak reality here. This law is existing because HH and his party believes it is for the betterment of the Republic.
Nevertheless, that’s from a different perspective than actually wearing the crown. The ones who dares to challenge, question and be vocal online should be concerned. The ones who tries and who acts upon it. They can easily become targets and possibly become felons. That is the future in Zambia. HH has approved of it and this act will make it happen. Peace.
It is also advisable not to wear political regalia as a visitor to Zambia for safety reasons. Never send nudes Sexting may be seen as a harmless act by some, especially if it’s only to your significant other, but sending nude images in Zambia is considered pornography.
According to the Zambia Information and Communications Technology Authority (ZICTA), “Under Section 102 of the Electronic Communications and Transactions ACT transmission or receiving of pornography is prohibited. A person who commits an offence under the provisions of the said ACT is liable upon conviction to a fine of ZMW36 Million (approximately $3 USD million) or to imprisonment for a period not exceeding 10 years or both.” Never get involved in trophy hunting Zambia has a great abundance of wildlife which unfortunately makes it a target for poachers.
According to the Zambia Wildlife Authority (ZAWA), Act 14 of 2015, “illegal possession of trophies such as elephant ivory and rhino horn are punishable with sentences of between five and ten years imprisonment with no option of a fine”. Other animals included in the list are tortoises and tusks of any animal.
There are plenty of bars and nightclubs in Zambia where one can have a drink and a good time, but according to Chapter 180 of the Zambian Penal Code, “any person who is found drunk in public and acting in a disorderly way or who is drunk while in charge on any highway or railway or other public place of any horse, cattle, steam engine, locomotive, wagon, van, carriage or any other vehicle, other than a motor vehicle, or who is drunk when in possession of any loaded firearms, may be arrested without warrant and is liable to a penalty not exceeding seven hundred and fifty penalty units, or to imprisonment with or without hard labor for a period not exceeding three months.” Become a Culture Tripper! Sign up to our newsletter for insider tips and hidden gems.
This is especially important in Zambia where, according to the Zambian penal code, “Any person who, without lawful authority or excuse, the proof whereof lies upon him makes, uses, or knowingly has in his custody or possession any paper intended to resemble and pass as special paper such as is provided and used for making any currency note or bank note is guilty of a felony and can be arrested and when convicted, jailed for seven years.” This also applies to knowingly purchasing fraudulent notes.
As it may be difficult to prove whether someone knowingly or unknowingly purchased fake bank notes, it is advisable to only buy Zambian Kwacha at legitimate bureaus.
Zambia is the third biggest producer of emeralds in the world, so obviously it’s a great place to buy the precious stone. While there are reputable companies that sell emeralds in the country, there is an active black market which sometimes makes it hard to trace the source of the emeralds.
According to Chapter 32 of the penal code of Zambia, “Any person who, without the written permission of the Chief Mining Engineer, has in his possession or disposes of any diamond or emerald shall be guilty of a misdemeanour.”
All travellers should have an understanding of the rules they are expected to follow before a visit to any new country. With that in mind, this guide should help you understand what not to do, how to avoid getting in trouble, and how to not ruin a trip to the beautiful southern African country of Zambia.
Although there has been recent news that the government may soon be considering legalizing marijuana for medical use, it is still illegal to produce, sell and possess cannabis and any other narcotics. The possession of more than 0.5 grams (less than an ounce) of a narcotic or soft drug could result in a jail sentence of up to 25 years.
According to the State Security Act, CAP 111, Section 6(1)(a) of the Laws of Zambia, “any person without lawful authority who uses or has in his possession, imports or manufactures any uniform of the Defence Force or the Police Service or any other official uniform or any dress closely resembling the same as likely to deceive or falsely represent himself to be a person who has been entitled to wear any such uniform, shall be guilty of an offence and liable of conviction to imprisonment for a minimum of fifteen years.”
Insulting or defaming the president could lead to arrest under the ‘Defamation of The President Law’ and you’d be liable to jail time for up to three years.
CYBER SECURITY BREACH AT BOZ
Comparative Analysis of Pornography Laws
To provide a broader perspective, let's examine how various countries address pornography through their legal systems. Note that this table excludes child pornography or zoophilic pornography, which are generally treated as separate and more severely punished offenses.
Here is a summary table of laws and their enforcement by governments.
| Country | Relevant Legal Provisions | Description |
|---|---|---|
| Zambia | Cyber Security and Cyber Crimes Act 2021 | Addresses online fraud, child pornography, and disinformation. Allows interception of electronic communications with a court warrant. |
| Botswana | Article 173 | Prohibits the possession of "indecent and obscene material such as pornographic books, magazines, films, videos, DVDs, Blu-Ray, VHS, and software". |
| Eswatini | Sexual Offences and Domestic Violence Act, No. 15 of 2018 | The publication, viewership, and sharing of pornography is legal only if it passes a three-element test. |
| Ethiopia | N/A | Distributing or selling pornographic materials is illegal, and their production in the country is rare. |
| Nigeria | N/A | No national laws prohibiting pornography, although the public display of graphic sexual material is illegal in Lagos. |
| Uganda | Anti-Pornography Act (2014) | Defines pornography broadly and prohibits its production, trafficking, publication, and sale. |
| Australia | Australian Classification Board (ACB) | Online pornography is legal. Pornographic DVDs and magazines are rated X18+ and restricted to those over 18, with sales limited to certain territories. |
| Bangladesh | Pornography Control Act, 2012 | Prohibits the carrying, exchanging, using, selling, marketing, distributing, preserving, filming etc. of pornography (sexually explicit materials, unless it has artistic and/or educational value). |
| Hong Kong | Category III films | Pornography is legal and easily accessible. Category III films are adult videos that can be rented. |
| Nepal | N/A | Nepali law identifies pornography as illegal. |
| Pakistan | N/A | Pornography in Pakistan is illegal and is subject to several legal provisions. |
| Japan | N/A | Pornography is legal in Japan; however, there are restrictions. Pornography showing sexual genitals is illegal. |
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