By Edrine Wanyama |
The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) and the West Africa ICT Action Network (WAICTANET) have submitted to the United Nations Human Rights Council a report that shines a light on Liberia’s human rights record in the digital domain. The report documents developments in Liberia’s digital civic space and offers key information to countries and other stakeholders involved in scrutinising Liberia’s performance under the Universal Periodic Review (UPR) mechanism.
The UPR process offers all United Nations (UN) member states the opportunity to declare what actions they have taken to improve the human rights situation in their countries and to fulfil their human rights obligations. The report notes that while Liberia has taken some steps to promote the realisation of digital rights, it maintains regressive laws, such as the 1978 Penal Code, and there have been instances of curtailment of rights.
According to Patricia Ainembabazi, Policy and Advocacy Officer at CIPESA, this report is essential for tracking the progress made by Liberia in protecting and promoting human rights in online spaces in accordance with domestic, regional and international obligations. She added: “The report forms the basis for identifying opportunities and shaping the human rights situation to enable the realisation of civil liberties in online spaces. Liberia should take these observations seriously and undertake the necessary reforms.”
The report notes that since Liberia was last reviewed in 2020, it has made some progressive steps towards recognising the importance of online spaces and enacted the Kamara Abdullah Kamara Act on Press Freedom which, among others, decriminalises defamation. It has also taken strides to enhance child protection online and to promote gender equality.
Nevertheless, evidence over the years shows a clear onslaught on the digital civic space, with targeted actions against journalists, human rights defenders (HRDs) and activists. These actors often face intimidation and threats, arrests, detention and lengthy prison sentences that are often enabled by laws that are overly broad and ambiguous. In other cases, there have been violent attacks and unresolved deaths of journalists under suspicious situations including assault. These actions have cast a chill on freedom of expression and led to self-censorship by journalists and HRDs and online activists.
Liberia does not have a specific law on data protection, although a validation of the draft law was conducted in late 2024. Since Liberia does not have a data protection authority, individuals’ data remains vulnerable to misuse by unscrupulous individuals, yet there are limited avenues for legal redress for aggrieved parties.
Furthermore, data protection standards in the country fall short of regional and international data protection standards such as those prescribed by the African Union Convention on Cyber Security and Personal Data Protection – which Liberia is yet to ratify.
Meanwhile, Liberia continues to grapple with high levels of digital exclusion due to poverty, digital illiteracy and the concentration of digital access in urban centres.
The report calls upon the Liberian government to:
- Repeal all restrictive laws and provisions that criminalise speech and undermine freedom of expression, including section 11.11 of the Penal Law, which penalises individuals for publicly accusing the President of misconduct, even if the accusation is true; section 11.12 on sedition that broadly criminalises acts deemed as incitement against the government; and section 11.14 on criminal malevolence that targets statements which could harm the reputation of public officials. These provisions deter investigative journalism and public accountability.
- Expedite the enactment of a specific law on data protection to safeguard and protect personal data. Additionally, ratify and domesticate the Malabo Convention on Cyber Security and Personal Data Protection to show commitment to cyber security and personal data protection.
- Amend the Freedom of Information Act to strengthen enforcement and ensure greater accessibility to public information. The law should include clear, enforceable penalties for public officials who unjustifiably deny access to information, and establish mechanisms for timely, proactive disclosure by government bodies.
- Codify legal safeguards for internet freedom by explicitly protecting online expression within the provisions of the Telecommunications Act 2007, and fast-track the enactment of the Cybercrime Act.
- Empower the Independent National Commission on Human Rights (INCHR), by among others, increasing human and financial resources to enhance and facilitate its role in promoting and protecting human rights.
- Enhance the capacity of judicial officers and law enforcement officers on online freedoms.
- Implement strict protocols preventing the arbitrary arrest or harassment of journalists for their work, and train security forces in this regard.
- Comprehensively investigate and prosecute all cases of abuse and killing of journalists to ensure that justice is served.
- Enact a specific law on the protection of children’s privacy, protection against online violence, exploitation, sex predation, grooming and abuse, and pornography to ensure children’s safety online.
See full report here