How Lack of Access to Information and ICTs has fueled Disinformation in Malawi

By Jimmy Kainja |

The spread of false or misleading information online is due to various reasons. A recent BBC study on fake news in Africa found that sharing news online can be socially validating; because “being the first to share a story in your group of friends, showing others you are in the know and provoking discussion make social media users feel good. Sometimes people will rush to share information not knowing if it is true.” The study added: “… most people do not consume their online news in-depth or critically, and many users will share stories based on a headline or image without having digested it in detail themselves.”

In Malawi, the combination of lack of an enabling access to information law and limited access to the internet has left Malawians vulnerable to misinformation and disinformation.

On December 14, 2016, Malawi Parliament passed an Access to Information Bill, 12 years after its drafting. The then President, Peter Mutharika, assented to the bill into law on February 15, 2017. The purpose of the law is to promote transparency and accountability in the country by providing for “the right of access to information in the custody of the public bodies and relevant private bodies; the process and the procedures related to obtaining the information.”

The news of the presidential assent was perfectly timed – as it coincided with a BBC Africa debate on “fake news” at Ryalls Hotel, in Malawi’s Commercial City, Blantyre. In attendance was the Minister of Information and the State President’s Director of Communications. While the President was rightly applauded for assenting to the bill, the timing of the announcement on a live BBC programme appeared to be a government publicity  stunt. Consequently, some analysts warned of a long battle ahead to get the law operationalised.

The long struggle to have the access to information law passed and operationalised is an indication of the resolve of successive political administrations to limit the flow of information held by public institutions. This may be the reason why for a long time the Malawi government has also shown little interest in improving access to Information and Communications Technology (ICT) – which have been proven to broaden information flow and provide platforms for citizens to demand transparency and accountability of duty bearers.

As of 2019, Malawi’s internet penetration stood at only 13.9%, according to the International Telecommunication Union (ITU). Among the primary factors limiting access to the internet in Malawi is the cost, with the average price  beyond the means of citizens. Indeed, a recent study found that the internet in Malawi is among the most expensive in the world.

Print media is also scarce and expensive. With just two leading media groups – Nation Publication Limited (NPL) and The Times Group, Malawi has only two daily newspapers (with a circulation of 9,000 each), two Saturday newspapers and two Sunday newspapers with a combined circulation of 12,000 in a population of 17.5 million. Newspapers are all in English, a language spoken by the minority. The newspapers cost K600 ($0.79), for Sunday to Friday and Saturtuday papers, which has vernacular language cost K700 ($0.92) per copy, which translates to about K14,400 ($5.81) and K2,800 (3.69) monthly, against a national minimum monthly wage of K35,000 (USD 46.82).

Nonetheless, newspapers are very influential in information dissemination; where these newspapers lead, the rest of the local media are likely to follow. Moreso, the newspapers have presence on all major social media platforms where they repost much of the print editions’ content including the front and back-pages of the print editions. A journalist with NPL’s The Nation newspapers said this is done as one way of promoting the print editions.

Misinformation During the Annulled May 2019 Elections

In the period leading up to and immediately after the May 2019 elections, Malawi witnessed an increase in the spread of misinformation.

The results of that election, which saw the incumbent President, Peter Mutharika of Democratic Progressive Party (DPP) declared winner with 38.6%,  followed by Malawi Congress Party’s (MCP) Lazarus Chakwera with 35.4% and Saulos Chilima of UTM in third position with 20.2% were annulled by the Constitutional Court after the losing candidates challenged the outcome citing several irregularities including ballot tampering.

During the court proceedings, civil society organisations (CSOs), particularly Human Rights Defenders Coalition (HRDC), joined by the opposition parties and ordinary Malawians took to the streets, demanding resignation of Malawi Electoral Commission (MEC) Chairperson, Justice Jane Ansah, for her part in the electoral fraud. Inspite of government attempts to stop the demonstrations, courts upheld citizens’ rights to assembly and association, with  the military at hand to  ensure demonstrations were peaceful.

Alongside the peaceful demonstrations, print, broadcast and social media also provided platforms for mobilisation and engagement. However, the same platforms also proved to be fruitful ground for counterattack and smear campaigns by Peter Mutharika’s sympathisers against the CSOs and opposition parties. Most notable were altered front page headlines in the two leading daily newspapers and their weekend sister papers. The headlines were altered to change the news agenda and narrative on social media.

For instance, The Nation newspaper’s September 26, 2019 edition (below) had a frontpage story titled: “DPP, PROTESTERS CLASH FOIL MARCH”, with subheadings: “HRDC calls for anti-Ansah demo” and “Activist Mayaya, 4 others injured.” Mutharika supporters altered the headline and disseminated the page online reading instead: “ANGRY MALAWIANS BEAT BILLY MAYAYA”, with subheadings: “We are tired of your demos” and “HRDC violence destroyed lives.” Billy Mayaya is a leading member of HRDC, organisers of the demonstrations.

A similar example is of The Sunday Times  edition of October 13, 2019 (below), which featured a story of the then leader of HDRC, Timothy Mtambo surviving an attempt on his life by suspected state operatives. The headline “I SURVIVED ASSASSINATION ATTEMPT BY [GOD’S] GRACE – MTAMBO” was altered and disseminated online as “I FAKED ASSASSINATION ATTEMPT FOR SYMPATHY – MTAMBO.”

It is clear in these cases that the misinformation was created to discredit the CSOs position on MEC and its chairperson, Jane Ansah. Considering the low newspaper circulation and the high reliance on bundled internet for social media access, it is very difficult for the unsuspecting public, without access to newspapers or the Internet outside of data plans, to identify the irregularities in the above newspaper illustrations.

What is to be done?

On June 23, 2020, Malawi held a Constitutional Court-ordered fresh presidential election which was won by Lazarus Chakwera. The new government has promised to undertake a series of public reforms, one of which is to operationalise the access to information law, which has been Gazetted and becomes operational on September 30, 2020. The President said operationalising the law is one way of “[ending] the era of government secrecy”. Likewise, the new Minister of Information, Gospel Kazako – a veteran broadcaster and experienced media manager, appears to be taking calls from CSOs for affordable access to the internet seriously. He has called on telecommunication companies and the sector regulator, Malawi Communication Regulatory Authority, to work on modalities to make the internet more affordable.

If actualised, this would go a long way in addressing the information gap in the country and sustaining democracy.

Meanwhile, NPL and The Times Group have made efforts to promote awareness about misinformation, as in the case of the illustrations below:

Combined efforts of operationalising the access to information law and improving internet affordability by the government, together with sensitisation campaigns by media houses would go a long way in rebuilding trust and legitimacy of both institutions. However, additional efforts in promoting availability of information in local languages would further support verification of information at citizen’s disposal towards enhancing the power of access to information.


Jimmy Kainja is a 2020 CIPESA Fellow focussing on the areas of hate speech and misinformation, data protection, and access to information

Extension: Apply To Participate in Disinformation and Human Rights Online Training Series

Call for Applications |

To allow for interactive discussion about specific cases and in-country contexts, we are limiting participant numbers to 20. Please see below for eligibility criteria and details about how to apply.
Details:

This online training series is aimed at expert and non-expert members of civil society with an interest in tackling misinformation and disinformation using a rights-respecting approach.

The training series will consist of two interactive workshops to be held via Zoom on:

Thursday 5 November, 2-4pm EAT and Wednesday 11 November, 2-3pm EAT;

OR

Wednesday 18 November 2-4pm EAT and Wednesday 25 November, 2-3pm EAT.

Participants will also be invited to participate in a one hour follow up call during December.

The series will be delivered by international, regional and local experts on disinformation and human rights and seeks to:

      1. Increase participants’ understanding of human rights issues relating to disinformation and misinformation.
      2. Increase participants’ understanding of policy and legal responses to disinformation in their region.
      3. Introduce participants to basic tools and methodologies to detect mis/disinformation
      4. Increase participants’ capacity to engage with representatives from government, business and journalism on disinformation and human rights (particularly the right to freedom of expression and the right to privacy) in policymaking processes and debates relating to disinformation and misinformation.

Please note that sessions will be delivered in English.

Eligibility criteria:

Applicants from the following countries are eligible to apply: Burundi, Comoros, Djibouti, Eritrea, Ethiopia, Ghana, Kenya, Liberia, Madagascar, Malawi, Mauritius, Nigeria, Rwanda, Seychelles, Sierra Leone Somalia, Somaliland, Tanzania, Uganda.

Applicants affiliated to NGOs, social enterprise companies and think tanks are eligible to apply. Media, academic and non-affiliated applicants will also be considered.

Applicants from governments and private companies (except social enterprises) are not eligible for this training series. 

Selection criteria:

Eligible applicants will be assessed by the quality of their motivation to participate in the training, as set out in answer to their application.

We particularly welcome applications from individuals and organisations that are interested in engaging in this policy area within the region and/or their countries in the longer term.

Three Days of Digital Rights at #FIFAfrica20! Two Day Down, One to Go!

#FIFAfrica20 |

Day two of the Forum on Internet Freedom in Africa 2020 (FIFAfrica20) has wound down, with yet more engagement, experience sharing, skills building, assembly of thought leadership, insights and opinions on digital rights from across the continent and beyond.

The third and final day will be just as inspiring, kicking off with a dialogue on internet accessibility for persons with disability during Covid-19 at the remote hub in Abidjan, Côte d’Ivoire. Virtually, discussions on inclusion of persons with disability in the digital society will see GSMA host a talk on digital assistive technologies in low and middle income countries in Africa and Asia. Based on a landscape study, GSMA’s session will highlight the characteristics of the digital inclusion of women with disabilities including opportunities for innovators, the mobile industry and other stakeholders. On the first day of FIFAfrica, CIPESA explored how the telecommunications sector has largely excluded persons with disabilities from their service offerings in many African states.

Further on non-discrimination online, a collaborative session exploring where African women are placed – or left out of – on the internet will navigate a series of issues including imagining inclusive gender connectivity, the implications of Covid-19 on online African feminist movement building through to feminist research and the roles these are playing in the digital rights movement.

Internet users that are able to overcome discrimination and access barriers are faced with more challenges – among them the spread of false and misleading information online. Indeed, disinformation has come to play a concerning role on the internet, often fuelled by limited digital literacy and/or increasingly sinister motives. Media Monitoring Africa (MMA) will host a session on exploring how disinformation causes harm, undermines democracy, spreads fear, anxiety and deepens exclusion. In particular, MMA’s session will focus on the role that platforms should play in ensuring that public interest is maintained in efforts to combat disinformation online.

Meanwhile, Global Partners Digital (GPD) will highlight government responses to  disinformation in Africa over the past decade including during the heightened context of the Covid-19 pandemic. Drawing on expertise from Africa-based civil society groups that have jointly developed a disinformation policy tracker to track and analyse disinformation laws, policies and patterns of enforcement across Sub-Saharan Africa, the GPD session, which will also feature academia and private sector representatives, will advocate for a shift towards a more rights-respecting and evidence-based approach to combating disinformation online.

As deployment of Artificial Intelligence (AI) across the world gains momentum, its impacts are far-reaching. Yet still, conversations around responsible AI, have generally excluded the global south and in turn, this is likely to have consequences in the way in which AI technologies are designed, developed, and deployed for the region! The session will call for the decolonisation of AI in Africa and explore the need for inclusivity of more stakeholders in the development of AI in Africa.

The Centre for Human Rights, University of Pretoria will unpack the right to privacy within the revised Declaration of Principles on Freedom of Expression and Access to Information in Africa.  AccessNow, the #KeepItOn coalition lead will amplify the diverse strategies being employed  by activists, journalists, technologists, individuals among others to fight against the worrying trend of increased internet shutdowns  around the world. The session will build on day one and two of FIFAfrica20 engagements including catalysts for collaboration in digital rights strategic litigation.

Furthering the topic of strategic litigation, a Media Defence session will also outline experiences of strategic litigation in the context of digital rights.  The goal is to allow litigators to discuss with internet freedom and freedom of expression communities the practical realities of litigating digital rights, often against a hostile political backdrop. Media Defence will also use the session to develop relationships and widen its collaboration with other organisations that may benefit from legal expertise and/or financial support in these cases.

The tone for the close of FIFAfrica20 will be set by the presentation of the African Internet Rights Alliance (AIRA), a  coalition of civil society organisations working to advance digital rights in all aspects of life, governance and the economy on the continent. The AIRA session will share insights into the Alliance’s work over the past three years and discuss the need for transnational collaboration, partnerships and coalition-building to protect and expand digital rights across Africa.

Find the report here.

Report: The State of Internet Freedom in Africa 2020

#FIFAfrica20 |

Today, September 29, 2020, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) has released a new report, State of Internet Freedom in Africa 2020. The report focuses on the impact of the coronavirus disease (Covid-19) measures adopted by governments to contain its spread on digital rights and freedoms including freedom of expression and information, assembly and association, and the right to privacy.  

The report, which investigated the measures implemented by governments in Africa in fighting the Covid-19 pandemic shows that the highhandedness with which the governments and their agencies enforced the different Covid-19 preventive measures, including the suspension of rights through emergency declarations and the gagging of critical voices calling for transparency and accountability in handling the pandemic has greatly affected digital rights on the continent.

According to the report, prior to and during the pandemic period, several countries enacted retrogressive laws and implemented oppressive measures that served to strengthen the state’s repressive hand at the expense of citizens’ rights.

Onslaught on Freedom of Expression and Access to Information

Efforts to combat misinformation and disinformation related to Covid-19 had a direct effect on the enjoyment of the rights to freedom of expression and information. Whereas there were some bright spots, these were overshadowed by the negative.

Several governments enacted vague and overly broad laws and implemented repressive practices that curtailed freedom of expression and restricted access to information through censorship, filtering of content, closure of media houses, threats, arbitrary arrests, illegal detentions, prosecution, intimidation and harassment of journalists, online activists and bloggers.

Punitive sanctions and the criminalisation of the work of media houses and journalists in countries such as Tanzania, Chad, Uganda, Nigeria, Niger, and Ethiopia, in effect gagged the media, and restricted the flow, quality and quantity of information available to journalists and the general public.

Invasion of Privacy and Personal Data Breaches

The fight against COVID-19 has been characterised by an assortment of measures that led to the violation of privacy in numerous countries. The new Covid-19 legislation as well as pre-existing laws that were cited in implementing pandemic-related emergency measures such as in Chad, Mauritius, Kenya, Uganda, South Africa and Zambia authorised the searching of homes and individuals, and required the reporting of individuals suspected to be carrying the virus. 

Further, the laws required the collection of personal information of individuals, contact tracing and surveillance activity in countries like Burundi, Kenya, Nigeria, South Africa, and Tunisia, as well as mandatory testing in Zimbabwe. These measures mostly had the effect of undermining individuals’ data rights.

The infringement on individual privacy was aggravated by the absence of strong or recommended  data protection safeguards in most of the affected countries. while some of the countries had laws on privacy and data protection, they did not offer strong protection but rather facilitated privacy invasion. 

Accelerating Digital Exclusion

The report reveals that while Covid-19 has illuminated the centrality of technology in the lives of individuals and communities, it has also brought to the fore the glaring digital divide in the region, and indeed deepened the digital exclusion. Several individuals including persons with disabilities have been locked out of active participation in the digital society, with the exclusion being manifested in accessing education, remote work, and participating in democratic processes, among others. In some countries, internet costs remained very high while in others like Uganda, tax on social media continued to subsist. The high costs and taxes went to the root of affordability ICTs. 

Undermining Citizen Participation

The report also demonstrates that the fight against Covid-19 has eroded the ability by citizens to participate in civic matters and the conduct of public affairs. Stringent measures including clamp down on media platforms, intimidation, arrests, detention and prosecution. These high-handed measures including in Algeria, Burundi, Egypt, Ethiopia, Kenya, Morocco, Rwanda, Tanzania, Uganda and Zimbabwe  have cowed citizens, activists, and the media for fear of attracting reprisals. These measures have, in turn, forced human rights defenders, journalists, activists, the political opposition, and ordinary citizens to self-censor, disengage from participating in public affairs, and refrain from exercising their rights to participate.

Recommendations

The report calls upon governments, their agencies and authorities to drop all regressive measures that curtail digital rights and freedoms and instead adopt and undertake measures that promote the protection and enjoyment of digital rights and freedoms in the region.

Civil society organisations, telecommunication companies, and other stakeholders are called upon to work jointly towards ensuring that individuals realise and enjoy their rights and freedoms in the digital space by among others engaging in advocacy, developing policies that address individuals needs.

Find the report here.

 

Three Days of Digital Rights at #FIFAfrica20! One Day Down, Two to Go!

#FIFAfrica20 |

Day Two: Tuesday, 29 September 2020

The seventh edition of the Forum on Internet Freedom in Africa (FIFAfrica) kicked off on a high with the first day commemorating the International Day of Universal Access to Information (IDUAI)  on which it coincided. Several sessions recognised access to information as one of the pillars for an inclusive digital society including as an enabler for political engagement, empowerment, transparency and accountability.  Data privacy, strategic litigation, elections, consumer protection, content regulation,  network disruptions and countering misinformation and tech innovation in times of Covid-19 were among the topics featured in sessions in addition to skills building in data literacy and digital security.

Day two of FIFAfrica20 will be just as exciting and packed with an amazing lineup of sessions! These include a  conversation with writer and political analyst, Nanjala Nyabola, academic, social justice activist and aspiring politician, alongside Dr. Stella Nyanzi who will engage on a range of issues including civic space, politics and democracy through to researching feminism in Africa.

In Kenya, the Lawyers Hub will host a session titled Can You Hear Me? The Realities of Meaningful Connectivity in Kenya during which they will explore what needs to be done to provide meaningful access to the internet in the  country. This thread of questioning will continue in a session hosted by Media Monitoring Africa (MMA) who are to launch a report on equal and equitable access to the internet and the right to education in South Africa following two years of research alongside Global Human Rights Clinic at the University of Chicago Law School, ALT Advisory, Acacia Economics, and Media Monitoring Africa.

CIPESA will launch its annual State of Internet Freedom in Africa report themed Resetting Digital Rights Amidst the Covid-19 Fall Out. Another launch will be that of the #RestoreDataRights Declaration which sets out guiding principles for data use during Covid-19 and a Call to Action for civil society, academics, and allies; governments; the African Union, United Nations, and international development partners. The Declaration is an initiative of the Open Institute and Data Ready.

The Global Encryption Coalition (GEC) will host a dialogue on Encryption and the Africa Region which will introduce the Coalition to the FIFAfrica20 community. It will also scope out the landscape of threats to encryption in order to enhance understanding of the issues as it pertains to the different contexts on the continent and identify possible areas for cooperation.

Africa Digital Rights Fund (ADRF) grantee, iWatch Africa  will host a session on Countering Online Abuse and Harassment of Journalists and Rights Activists in Africa. Often, journalists who report on contested social and political issues increasingly find themselves the target of abuse through social media, online comment fora and other online means, in some cases including violent threats of death and rape. According to the 2018 International Press Institute (IPI) report, 31 percent of journalists tone down coverage of certain stories after being abused and harassed online, while 15 percent drop their stories altogether. Among the issues that iWatch’s session will address include the role of journalists, governments, law enforcement and civil society in dealing with online abuse and harassment in the Ghana context.

With the burgeoning digital economy in recent months, the Center for International Private Enterprise (CIPE) will host the Building Inclusive Digital Economies Across Africa session which will examine successful efforts that support small businesses and entrepreneurs across Africa in transitioning operations online. It will also explore the topics of digital commerce, inclusivity and resilience as well as strategize ways to advance multi-stakeholder policy discussions that shape an enabling environment for a competitive digital economy across Africa.

Meanwhile, Ford Foundation will host an Ask the Donor’s session which will explore best practices from the field on how organizations can re-establish norms and relationships with funders and donors in the age of Covid-19. Representatives from the Omidyar Network, Open Technology Fund (OTF), and the Internet Society Foundation, will provide perspectives about where they see things headed in the future and how organizations can best position themselves for support post-pandemic.

At the FIFAfrica20 hub in Dar es Salaam, Tanzania, Zaina Foundation will convene a workshop to deliberate on digital rights in Tanzania with reference to the shrinking environment for advocacy work in the run up to the October 2020 general elections. At another FIFAfrica20 hub in Dakar, Senegal, stakeholders (state, private sector and civil society) will engage on misinformation and its impact on freedom of expression online during the ongoing Covid-19 pandemic.

Continuing from day one will be the Data Skills Foundation Course, with guest speaker Nelson Kwaje of #DefyHateNow South Sudan who will share his experience on data-driven projects on misinformation, hate speech and freedom of expression online. Furthermore, the Digital Security Hub, featuring multilingual (English, French and Arabic) tech security experts from across the continent, on hand to provide personal and organisation digital security support.

Join the community attending FIFAfrica20 here.