Towards Ethical AI Regulation in Africa

By Tusi Fokane |

The ubiquity of generative artificial intelligence (AI)-based applications across various sectors has led to debates on the most effective regulatory approach to encourage innovation whilst minimising risks. The benefits and potential of AI are evident in various industries ranging from financial and customer services to education, agriculture and healthcare. AI holds particular promise for developing countries to transform their societies and economies. 

However, there are concerns that, without adequate regulatory safeguards, AI technologies could further exacerbate existing governance concerns around ethical deployment, privacy, algorithmic bias, workforce disruptions, transparency, and disinformation. Stakeholders have called for increased engagement and collaboration between policymakers, academia, and industry to develop legal and regulatory frameworks and standards for ethical AI adoption. 

The Global North has taken a leading position in exploring various regulatory modalities. These range from risk-based or proportionate regulation as proposed by the European Commission’s AI Act. Countries such as Finland and Estonia have opted for a greater focus on maintaining trust and collaboration at national level by adopting a human-centric approach to AI. The United Kingdom (UK) has taken a “context-specific” approach, embedding AI regulation within existing regulatory institutions. Canada has prioritised bias and discrimination, whereas other jurisdictions such as France, Germany and Italy have opted for greater emphasis on transparency and accountability in developing AI regulation. 

On the other hand, China has taken a more firm approach to AI regulation, distributing policy responsibility amongst existing standards bodies. The United States of America (USA) has adopted an incremental approach, introducing additional guidance to existing legislation and emphasising rights and safety. 

Whilst there are divergent approaches to AI regulation, there is at least some agreement, at a muti-lateral level, on the need for a human-rights based approach to ensure ethical AI deployment which respects basic freedoms, fosters transparency and accountability, and promotes diversity and inclusivity through actionable policies and specific strategies. 

Developments in AI regulation in Africa

Regulatory responses in Africa have been disparate, although the publication of the African Union Development Agency (AUDA-NEPAD) White Paper: Regulation and Responsible Adoption of AI for Africa Towards Achievement of AU Agenda 2063 is anticipated to introduce greater policy coherence. The White Paper follows the 2021 AI blueprint and the African Commission on Human and Peoples’ Rights Resolution 473, which calls for a human-rights-centred approach to AI governance. 

The White Paper calls for a harmonised approach to AI adoption and underscores the importance of developing an enabling governance framework to “provide guidelines for implementation and also keep AI development in check for negative impacts.” Furthermore, the White Paper calls on member states to adopt national AI strategies that emphasise data safety, security and protection in an effort to promote the ethical use of AI. 

The White Paper proposes a mixed regulatory and governance framework, depending on the AI use-case. First, the proposals encompass self-regulation, which would be enforced through sectoral codes of conduct, and which offer a degree of flexibility to match an evolving AI landscape. Second, the White Paper suggests the adoption of standards and certification to establish industry benchmarks. The third proposal is for a distinction between hard and soft regulation, depending on the identified potential for harm. Finally, the White Paper calls for AI regulatory sandboxes to allow for testing under regulatory supervision. 

Figure 1: Ethical AI framework

However, there are still concerns that African countries are lagging behind in fostering AI innovation and putting in place the necessary regulatory framework. According to the 2023 Government AI Readiness Index, Benin, Mauritius, Rwanda, Senegal, and South Africa are ahead in government efforts around AI out of the 24 African countries assessed. The index measures a country’s progress against four pillars: government/strategy, data & infrastructure, technology sector, and global governance/international collaboration.  

The national AI strategies of Mauritius, Rwanda, Egypt, Kenya, Senegal and Benin have a strong focus on infrastructure and economic development whilst also laying the foundation for AI regulation within their jurisdictions. For its part, Nigeria has adopted a more collaborative approach in co-creating its National Artificial Intelligence Strategy, with calls for input from AI researchers. 

Thinking beyond technical AI regulation 

Despite increasingly positive signs of AI adoption in Africa, there are concerns that the pace of AI regulation on the continent is too slow, and that it may not be fit for purpose for local and national conditions. Some analysts have warned against wholesale adoption of policies and strategies imported from the Global North, and which may fail to consider country-specific contexts.

Some Global South academics and civil society organisations have raised questions regarding the importation of regulatory standards from the Global North, some even referring to the practice as ‘data colonialism’. The apprehension of copy-pasting Global North standards is premised on the continent’s over-reliance on Big Tech digital ecosystems and infrastructure. Researchers indicate that “These context-sensitive issues raised on various continents can best be understood as a combination of social and technical systems. As AI systems make decisions about the present and future through classifying information and developing models from historical data, one of the main critiques of AI has been that these technologies reproduce or heighten existing inequalities involving gender, race, coloniality, class and citizenship.” 

Other stakeholders caution against ‘AI neocolonialism’, which replicates Western conventions, often resulting in poor labour outcomes and stifling the potential for the development of local AI approaches.  

Proposals for African solutions for AI deployment 

There is undoubtedly a need for ethical and effective AI regulation in Africa. This calls for the development of strategies and a context-specific regulatory and legal foundation, and this has been occurring in various stages. African policy-makers should ensure a multi-stakeholder and collaborative approach to designing AI governance solutions in order to ensure ethical AI, which respects human rights, is transparent and inclusive. This becomes even more significant given the potential risks to AI during election season on the continent. 
Beyond framing local regulatory solutions, stakeholders have called for African governments to play a greater role in global AI discussions to guard against regulatory blindspots that may emerge from importing purely Western approaches. Perhaps the strongest call is for African leaders to leverage expertise on the continent, and promote greater collaboration amongst African policymakers. 

Inspiring Inclusion on Women’s Day 2024

By Juliet Nanfuka |

Today, the world celebrates International Women’s Day 2024 under the theme of #InspireInclusion, which encourages the realisation of a gender-equal world free of bias, stereotypes and discrimination. However, amidst the global celebration, it is crucial to spotlight the persistent challenges faced by African female journalists, both online and offline.

A 2020 global survey conducted by UNESCO confirmed a disturbing trend: online attacks targeting women journalists are on the rise at an alarming rate. These attacks are part of a deliberate strategy to intimidate, degrade, and silence women in the media industry. Such violence aims to instill fear, undermine professionalism, discredit journalistic integrity, erode trust in factual reporting, and ultimately stifle women’s active participation in public discourse especially as these attacks don’t just affect the targeted journalists – they also impact their sources and audiences, encourage self-censorship leading to a chilling effect on freedom of expression and access to information.

Research shows that the tactics used to attack women journalists is dominated by online trolling which often takes the form of gendered and sexualised attacks and, often involves body shaming. Trolling which has evolved into the practice of coordinated cyber armies that run campaigns – sometimes sponsored by some government officials and other powerful political actors.

It should be noted that online violence also shifts into offline spaces – with potentially deadly consequences. However, despite this, there remains a disturbing trend, particularly for African women journalists who experience online abuse – they often hesitate to seek justice and, when they do, encounter challenges in having their complaints taken seriously and thoroughly investigated.

Notably, the low levels of digital security skills and the inadequacy of existing laws in tackling trolling and Technology-Facilitated Gender-Based Violence (TFGBV), only exacerbate the challenges African women journalists face in the profession.

African female journalists are instrumental in conveying key narratives, shedding light on issues of importance, and amplifying marginalised voices and concerns. However, the increased affronts to their profession and presence in online discourse encourage self-censorship and unmeasurable impact on access to information and freedom of expression of this key segment of society.

In the first Africa Media Freedom and Journalists’ Safety Report released in 2022, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) in partnership with the United Nations Educational, Scientific and Cultural Organization (UNESCO) reiterated the growing presence of Technology-Facilitated Gender-Based Violence (TFGBV) as a deterrent to press freedom, especially for women.

It is against this backdrop that CIPESA has consistently pursued various interventions aimed at enhancing the safety and inclusion of women in online spaces. Some of the initiatives have been specific to addressing the needs of African women journalists, such as a Media Masterclass and Reporting Grant, research into online safe spaces for women, both of which were conducted under the WomenAtWeb project of Deutsche Welle (DW). Further, CIPESA gave grants aimed at enhancing gendered digital inclusion and women journalists’ safety under the Africa Digital Rights Fund to beneficiaries in Somalia, Malawi and Tanzania, as well as in Ghana and Nigeria

This year, in partnership with the International Programme for the Development of Communication (IPDC) of UNESCO, CIPESA is supporting media development efforts to promote a safe, independent, and pluralistic press, including through addressing the gender dynamics of media freedom and journalists’ safety in Africa.

In recognition of Women’s Month, a series of workshops will be hosted alongside Digital Security Cafes for women journalists, media practitioners, and content producers in Ethiopia, Tanzania, and Uganda.

The workshops will include discussions based on the findings of Africa Media Freedom and Journalists’ Safety Report with a focus on elevating awareness of what can be done to pursue more inclusive measures for women journalists.

Further women’s month efforts will be a webinar on African women in politics with the aim of highlighting the importance of increased political inclusion of women in politics.  The role of active online engagement will be highlighted as a key driver enabling the needs of women in politics in various African countries and as a tool to participate in the information society meaningfully.  More importantly, the webinar will cast a spotlight on how women in active politics in various African countries are pushing back against the negative narratives online and the role that actors such as policy makers  and platforms have to play in addressing TFGBV associated with political spaces and discourse.

Register to participate in the webinar here

Save the Date: The Forum on Internet Freedom in Africa (FIFAfrica24) September 25-27, 2024!

Announcement |

It’s time to mark your calendars for the annual Forum on Internet Freedom in Africa (FIFAfrica), the largest gathering on digital rights on the continent.  The 2024 edition will be held on September 25-27 and as in previous years will align with the commemoration of the annual International Day for Universal Access to Information (IDUAI).

FIFAfrica sets the stage for concerted efforts to advance digital rights in Africa and promote the multi-stakeholder model of Internet governance. It places internet freedom directly on the agendas of key stakeholders, including policymakers, journalists, activists, global platform operators, telecommunications companies, regulators, human rights defenders, academia, and law enforcement.

Now in its 11th year, FIFAfrica has grown to serve as a vital response to the mounting obstacles facing digital democracy in Africa, including arrests and intimidation of online users, internet disruptions, and regressive laws that stifle the potential of digital technology to catalyse socio-economic and political development on the continent. 

This year, FIFAfrica24 will serve as a key channel that informs the way ahead for digital democracy in Africa and the role that different stakeholders need to play to realise the Digital Transformation Strategy for Africa and Declaration 15 of the 2030 Agenda for Sustainable Development. The Declaration notes that the spread of information and communications technology and global interconnectedness has great potential to accelerate human progress, to bridge the digital divide and develop knowledge societies.

FIFAfrica offers something for everyone! Be sure to save the date and don’t miss this chance to be part of the #InternetFreedomAfrica movement dedicated to protecting and promoting internet freedom across the continent.

Stay tuned for more details and registration information! 

CIPESA Trains CSOs on Digital Rights Advocacy and Campaigning in Africa

By Asimwe John Ishabairu |

As part of efforts to build digital rights movements in Africa that are impactful and sustainable, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) trained civil society organisations (CSOs) from Lesotho, Mozambique, Tanzania, Uganda, and Zimbabwe on digital rights advocacy and campaigning. The training, which was conducted February 6-7, 2024, in Dakar, Senegal, featured sessions on methodologies for tech accountability, campaign planning and strategies, impact communications, and media relations. The training also featured experience-sharing sessions on stakeholder engagement by the Global Network Initiative (GNI) and the Senegalese Personal Data Protection Commission (CDP).   

The training included participants from the African Centre for Media Excellence (ACME), Internet Society Lesotho Chapter, Digital Agenda for Tanzania Initiative, as well as the Media Institute of Southern Africa (MISA) Mozambique and Zimbabwe chapters – all Local Partners of the Global Internet Freedom (GIF) program, an initiative of Internews. The partners are implementing various interventions aimed at promoting in-country stakeholder engagements on digital rights issues, particularly digital identity and data protection. As a Regional Partner for GIF, CIPESA’s role is to coordinate activity implementation by the local partners, support learning and exchange among the partners, as well as support their network building, including through the annual Forum on Internet Freedom in Africa (FIFAfrica).

The Local Partners’ advocacy initiatives are expected to leverage the Ranking Digital Rights Corporate Accountability Index Key findings and recommendations. The index analyses the policies and practices of eight leading telecommunications companies operating across four African countries — Tanzania, Uganda, Zambia, and Zimbabwe and the resultant effects of these policies on freedom of expression and privacy.

“Existing research, such as that by Ranking Digital Rights and CIPESA’s annual report on the State of Internet Freedom in Africa, are critical resources that provide an overview of the continent’s landscape and support our conduct of evidence-based advocacy engagements with government actors and telecommunication companies,” noted Apolo Kakaire, Communication and Advocacy Manager, ACME, Uganda.

Similarly, networks and alliances such as the GNI, of which CIPESA is a member, alongside internet and telecommunications companies, human rights groups, investors, and academic institutions, are strategic alliances for advocacy engagements. “We have relationships with some of the telecom companies you [CSOs] are likely to engage and pledge support for outreach to their global and national offices as needed, ” said GNI’s Program and Operations Associate Montserrat Legorreta.

Indeed, as stated by Peter Mmbando from Digital Agenda for Tanzania Initiative, local CSOs experience challenges engaging with telecom companies. “We often invite them to engagements, but they don’t show up. Support from GNI to get the telecom giants in the rooms will be highly appreciated,” said Mmbabo.

The interventions of the six trained CSOs are expected to promote increased knowledge of internet freedom issues and advance human rights in the digital space in their respective countries.

Senegal Elections: CIPESA and AfricTivistes Engage Key Stakeholders on Content Moderation

By Abdou Aziz Cissé, Laïty Ndiaye and CIPESA Staff Writer |

The postponement of Senegal’s presidential elections in February 2024 escalated political tensions in the west African country. In response, the Ministry of Communication, Telecommunications and Digital Economy suspended access to mobile internet, first on February 5 as parliament debated the extension of President Macky Sall’s tenure, and again on February 13 amidst civil society-led protests. The ministry claimed that social media platforms were fuelling the dissemination of “several subversive hate messages” that incited violence. 

The February 2024 restrictions on access to mobile internet were the third instance of network disruptions in the country, which had in the past kept the internet accessible during pivotal moments including elections. Last year, Senegal restricted access to the internet and banned TikTok, amidst opposition protests.

It is against this backdrop that the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), in partnership with AfricTivistes, organised a workshop on platform accountability and content moderation on February 8, 2024. The workshop held in the capital Dakar examined the efficacy and impact of content moderation and discussed the opportunities for stakeholder collaboration and common approaches for advancing internet freedom in Senegal. 

As at September 2023, there were over 18 million internet subscribers in Senegal. Participants at the workshop acknowledged that the growth in user numbers had fueled online disinformation and hate speech, which are threatening social cohesion. However, they also raised concerns about the disproportionate responses, notably network disruptions instituted by the government, which undermine freedom of expression, access to information and citizen participation. 

According to Ababacar Diop, a Commissioner with the Personal Data Protection Commission (CDP), efforts to curb the spread of harmful and illegal content online had seen the Commission partner with popular social media platforms to explore mechanisms to effectively regulate content. He added, however, that since the platforms are not domiciled in Senegal, the partnership’s effect has been limited. Besides being the authority responsible for personal data protection, the CDP’s mandate includes ensuring that technology does not pose a threat to the rights and lives of citizens. 

The CDP’s engagements with platforms complemented user reporting of harmful and illegal content and the trusted partner programme. However, participants noted that user reports and trusted partner programmes are heavily subjective, with users and partners sometimes flagging content as inappropriate or dangerous “solely based on their opinions”. “Moderation policies by platforms and governments must be alive to differing contexts and opinions,” said Serge Koué, a blogger and Information Technology expert. Moreover, algorithm-based content moderation measures are also prone to the same challenge, as they do not understand local context and languages, according to Pape Ismaïla Dieng, Communication and Advocacy Officer at AfricTivistes.

The complexities in content moderation were further highlighted with case studies from Nigeria and Uganda. In 2021, former Nigerian President Muhammadu Buhari announced a countrywide ban on Twitter following the deletion of a tweet from his account about the Biafra civil war. Twitter claimed the tweet violated the platform’s policy on “abusive behaviour.” Twitter was blocked from operating in the country following this face-off. In October 2021,the government issued several conditions for lifting the ban. It required Twitter to set up a local office, pay tax locally and cooperate with the Nigerian government to regulate harmful tweets. The platform remained banned in the country until January 2022. 

In Uganda, during the 2021 election period, Facebook and Twitter suspended the accounts of various pro-government individuals over what Facebook described as “Coordinated Inauthentic Behaviour (CIB)” to suit the online narrative interests of the ruling party. The platforms’ actions  sparked the ire of President Yoweri Museveni who responded by stating in a national address that, “If you want to take sides against the (ruling party), then that group will not operate in Uganda,” adding that, “We cannot tolerate this arrogance of anybody coming to decide for us who is good and who is bad.” A day later on January 11, 2021, access to social media was blocked and two days later the internet as a whole was blocked as citizens prepared to go to the polls. Facebook remains blocked to-date. 

The experiences from Nigeria and Uganda highlighted not only the role of public figures as perpetrators of harmful content but also the impact of the unchecked power of governments to censor and restrict access to platforms in direct response to content moderation based on platforms’ Community Standards.

During the workshop, Olivia Tchamba, Meta’s Public Policy Manager for Francophone Africa, stated that the platform was committed to striking a balance between giving users a voice and ensuring the predominance of reliable information. She added that regulation coupled with responsible user behaviour should be the norm. 

CIPESA’s Programme Manager Ashnah Kalemera also reiterated that content moderation requires a multi-stakeholder and multi-faceted approach not only involving platforms and regulators but also users. 

The workshop, which was attended by 25 participants including journalists, social media influencers, human rights defenders and staff of civil society organisations, called on platforms to ensure their terms of use are available in multiple languages, increase transparency in their content moderation processes, and promote awareness and understanding among African users of recourse mechanisms. 

They also emphasised that consolidating efforts such as by civil society, the CDP and Meta’s Oversight Board in line with national laws and international human rights standards, would help create a social media ecosystem that upholds freedom of expression and privacy, among other rights. 
Whereas the Senegalese Constitutional Court ruled against the postponement of elections, a new date for the polls is yet to be determined. The dialogue during CIPESA’s and AfricTivistes workshop is critical as tensions continue to simmer online and offline, and sets the pace for similar engagements in other African countries set to go to the polls during 2024 and the push for increased tech accountability.