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03Nov

African Perspectives on Operationalising UNESCO’s Guidelines for Regulating Digital Platforms

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By Juliet Nanfuka |

Across the world, governments are introducing laws to regulate online content. Many of these laws contain provisions that may lead to the increasing removal of legitimate expression as opposed to harmful and illegal content. In turn, the global community continues to grapple with the question of how harmful online content should best be moderated in a manner that does not undermine citizens’ right of access to information and freedom of expression.

On September 28, the United Nations Educational, Scientific and Cultural Organization (UNESCO) held a high-level panel discussion on unpacking African perspectives on the operationalisation of UNESCO’s Guidelines for regulating digital platforms. The session was among the discussions held at the 2023 edition of the Forum on Internet Freedom in Africa (FIFAfrica) which assembled organisations from across Africa and beyond to deliberate on reigning concerns in the internet governance and digital rights landscape.

The UNESCO Guidelines (in full referred to as Guidelines for regulating digital platforms: a multistakeholder approach to safeguarding freedom of expression and access to information) aim to safeguard  freedom  of  expression,  access  to information,  and  other  human  rights in the context of the development and implementation of digital platform regulatory  processes. The guidelines outline rights-respecting regulatory processes and promote risk   and system-based processes for content moderation and curation. Following a series of multistakeholder consultations and contributions that started in September 2022 the guidelines have been under review with a launch of the final document yet to be announced. 

The panel featured at FIFAfrica comprised John Bosco Mayiga, Programme Specialist at UNESCO, who moderated the discussion, Hon. Neema Lugangira, Chairperson of the African Parliamentary Network on Internet Governance (APNIG), Grace Githaiga, Convenor of the Kenya ICT Action Network (KICTANet), Dr. Simon-Peter Kafui Aheto from the University of Ghana, and Samira Danburam, New Media and Security Manager at the Nigerian Communications Commission.

Mayiga noted that there are growing shared concerns by many actors in the digital society on how to better harness the benefits of information platforms while also addressing the challenges that come with it. “There is much to gain with digital transformation. However, amidst hate speech and disinformation, there is also much to lose,” he said.  “How do we move forward leveraging the advantages of the platforms, but also take care of the excesses that happen to be part and parcel of platforms?”

Githaiga noted that there are no fast and easy answers in dealing with the current challenges of content moderation. She further noted that the guidelines will be invaluable in serving as a basis for individual countries, especially as different countries are at different levels of digital regulation while socio-cultural contexts also vary across borders. 

Indeed, various countries, particularly in Africa, are still grappling with navigating issues such as hate speech, disinformation, protecting legitimate online freedom of expression, content moderation, and data privacy. Dr. Kafui-Aheto added that the Internet Universality Indicators (IUI’s) are a great complementary tool to the guidelines. He also stressed that digital literacy, including on regulatory frameworks, is fundamental in the realisation and utilisation of the indicators and the UNESCO guidelines by more stakeholders. 

The speakers discussed the potential paths that the operationalisation of the guidelines in Africa could take. There was consensus amongst panelists on the need to create regional and national multi-stakeholder networks that enable the active participation of diverse groups in the implementation of digital platform regulation. This consensus was reached as the challenge of ensuring that online platforms serve as places where individuals can seek factual information but without fear was a recurring theme across FIFAfrica. 

Ultimately, the session stressed that the creation of an internet of trust cannot be the preserve of any particular group however specialised they are; it should be a collaborative effort that includes all stake-holders.

The guidelines are designed to inform regulatory processes under development or review for digital platforms, in a manner that is consistent with international human rights standards. According to UNESCO, the Guidelines may serve as a resource for policymakers in identifying legitimate objectives, human rights principles, and inclusive and participatory processes that could be considered in policymaking. The guidelines could also inform the policies and practices of digital platforms; and provide an advocacy and accountability tool for civil society.

02Nov

A Call for Cryptocurrencies to Be Regulated in Uganda

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By Edrine Wanyama |

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) has called for the regulation of regulation of cryptocurrencies in Uganda. Through a policy brief which was published in October 2023, CIPESA outlines the potential risks and threats that civil society organisations (CSOs), individuals, companies, financial institutions, media and academia including students potentially face if operations of cryptocurrencies are not checked. 

Uganda’s legislative frameworks though specific including the, Capital Market Authority Act, Cap. 84 Anti-Money Laundering Act (as amended by the Anti-Money Laundering (Amendment of Second Schedule) Instrument, No. 136 of 2020), Foreign Exchange Act of 2004, Electronic Transactions Act, No. 8 of 2011, Electronic Signatures Act, No. 7 of 2011, Computer Misuse Act, No. 2 of 2011 and the National Payment Systems Act, 15 of 2020 recognise the presence and application of cryptocurrencies. However, they appear to be in contradiction with legal developments in the country.

A ruling by Justice Ssekaana Musa in the case of  Silver Kayondo versus Bank of Uganda, Miscellaneous Cause No. 109 of 2022 declared that cryptocurrencies, under the current National Payment System Act, are illegal or unlawful and are not accepted as a general payment instrument; and that the Bank of Uganda had the mandate to issue directives to the licensees under the National Payment System. He added that: “… The current regulatory framework was not designed with cryptocurrencies in mind…”. Although this ruling gives clarity on Uganda’s current position on cryptocurrencies, it leaves further ambiguity over the extent to which other regulations other than the National Payment Systems Act, 2020, can be relied upon in the utilization of cryptocurrencies.

The brief highlights potential strength of cryptocurrencies as including the elimination of middlemen, decentralized usage as well as enhanced security of the consumer. Similarly, the available opportunities include the unique and private nature of transactions between parties and the potential to create more job opportunities in the tech world. However, the associated weaknesses include the unsecure nature of cryptocurrencies, possibility of erroneous transfers and the possible erosion of capital flow measures. Furthermore, the risks associated with use of cryptocurrencies include the near impossible monitoring and track down of illegal activities by governments, possibility of getting locked out of transactions accounts once a private key is lost and the general threat to the effectiveness of monetary policies especially where firms and households prefer to save and invest in crypto assets that are not pegged to domestic fiat currency.

While drawing impetus from other jurisdictions and application of cryptocurrencies, the brief makes reference to Kenya where cryptocurrency companies can only legally operate after acquiring a license from Kenyan authorities to offer transmission services within Kenya; South Africa where the plans to plans to start licensing crypto trading companies to prevent theft, money laundering and undermining of the monetary policy are in high gears; Central African Republic where Bitcoin was regulated in April 2022 but shortly reversed shortly thereafter after intervention from the regional body, the Economic and Monetary Community of Central Africa (CEMAC); the United States of America where Individuals and businesses that store or exchange any kind of crypto currency have to obtain a cryptocurrency license as operators of Money Service Business (MSB); and in El Salvador which is in full regulation of cryptocurrencies since 2021. 

Meanwhile, CIPESA on September 27, 2023 held an advocacy engagement on strengthening digital rights protection including the potential impacts of cryptocurrencies on CSOs in Uganda. The meeting which attracted more than 60 participants from CSOs, Members of Parliament (MPs), telecommunication companies (telcos), Internet Service Providers (ISPs) and national human rights institutions deliberated ways to strengthen the stakeholder platform for digital rights protection including in access, affordability and realization of rights and livelihoods and the potential impacts of cryptocurrencies on CSOs’ and citizens operations in Uganda.

Cryptocurrencies are portrayed in the policy brief as facilitating digital technologies and with to improve efficiency in trade as they bypass middlemen and all the inconveniences that go with financial transactions in the ordinary business sense. They cannot be disregarded as they are inevitable yet associated with risks and threats which require strategies for mitigation as well as enhancing accountability. 

It is important that Uganda exploits the various approaches for the adoption and application of cryptocurrencies so as guaranty safety and minimize potential risks and threats to consumers. The brief specifically fronts the following recommendations.

Recommendations

  1. Government MDAs, particularly Bank of Uganda, Ministry of Finance, Planning and Economic Development, Uganda Revenue Authority and Finance Intelligence Authority, should clearly define the legal status of cryptocurrencies and avoid the ambiguity under the current regulations for e-transactions so as to be able to enforce them on all inflows and outflows in business and personal accounts. This includes redesigning capital controls to include flows channeled through cryptocurrencies. In the same vein, well-structured regulation on cryptocurrencies would remove uncertainties for other stakeholders in the private sector and thus encourage their engagement in digital transactions involving crypto assets.
  2. The regulatory regime can never be able to effectively catch up or be at the same pace as the technical evolution of cryptocurrencies. As such, Uganda should work with regional and international partners in the establishment and implementation of a global or regional cryptocurrency regulatory treaty that considers the needs and challenges of developing countries. This includes, among others, technological transfer and capacity development; addressing the risks involved in cross border cryptocurrency transactions inclusive of money laundering and jurisdictional issues.
  3. Apart from embracing a regional or international treaty, regional or international economic corporation or collaboration is also necessary due to the cross-border nature in the operation of cryptocurrencies. Uganda and partner States should engage in the sharing of a comprehensive system of information on cryptocurrency development and trading systems. Such information sharing would be beneficial for capacity development, strengthening joint enforcement measures as well as address evasion of capital controls and enforcement of taxes.
  4. As opposed to the general perception that crypto assets fall under the interpretation of securities under the Capital Markets Authority Act, so as to warrant their regulation under that law, clarity is required in this regard. The Capital Markets Authority should develop guiding principles as to how security tokens can be utilized to mitigate any risks due to a confusion in this regard.

See the full brief here

01Nov

CIPESA Conducts Digital Rights Training for Ethiopian Human Rights Commission Staff

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By CIPESA Writer |

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) has conducted a digital rights training for staff of the Ethiopian Human Rights Commission (EHRC) in a programme that benefitted 22 experts from various departments of the statutory entity. 

The training was a response to the desire by the commission to build its organisational capacity in understanding and defending digital rights and CIPESA’s vision to grow the ability of African national human rights institutions (NHRIs) to monitor, protect and promote digital freedoms.

Conducted in the Ethiopian capital Addis Ababa on October 11-12, 2023, the programme aimed to build the EHRC staff’s understanding of digital rights issues and the link with traditional rights. Participants went on to brainstorm how the EHRC should strengthen human rights protection in the digital space and through the use of technology.

Dr. Abdi Jibril, the Commissioner for Civil and Political and Socio-Economic Rights at the EHRC, noted that the proliferation of digital technology has contributed positively to human rights protection. It was therefore necessary to maximise the benefits of digital technology and to expand its usage for the promotion and enforcement of human rights.

The importance of growing the capacity of NHRIs was underscored by Line Gamrath Rasmussen, Senior Adviser, Human Rights, Tech and Business at the Danish Institute for Human Rights and CIPESA Executive Director Dr. Wairagala Wakabi. African NHRIs are not always well versed with the opportunities and challenges which technology presents, which creates a need for capacity development and developing partnerships with stakeholders such as civil society. 

As legislation governing the technology domain is fast-evolving, NHRIs in many countries are playing catch up. As such, these institutions need to constantly keep updating themselves on new legislation and implications of these laws on human rights in the digital domain. The NHRIs need to  enhance their capacity to document, investigate and report on digital rights. 

The NHRIs also need to pay specific attention to the vices such as hate speech, disinformation, and technology-facilitated gender-based violence (TF GBV), that are being perpetuated with the aid of technology.

Dr. Daniel Bekele, the Chief Commissioner at EHRC, stated that social media companies and messaging platforms are not doing enough to moderate harmful content in Africa yet in other geographical regions they have invested more resources and efforts in content moderation. He said African countries need to work together in order to build a strong force against the powerful platforms. The official proposed that the African Union (AU), working with relevant governments and other stakeholders, should spearhead the development of regulations which African countries can jointly use in their engagements with the tech giants on issues such as content moderation. 

 The two-day training discussed the positive and negative effects of digital technology on human rights and how the commission’s work to enforce human rights can be strengthened through the use of digital technology.

Among other topics, the training also addressed the human rights, governance and technology landscape in Sub-Saharan Africa; public and private sector digitalisation and challenges for human rights; the link between online and offline rights; transparency and accountability of the private sector in upholding human rights; and opportunities for NHRIs to advance online rights at national, regional and international levels. It also featured deep dives into key digital rights concerns such as surveillance, online violence against women, disinformation, and network disruptions. 

At the end of the training, the EHRC staff identified key actions the commission could integrate in its annual work plans, such as digital rights monitoring, advocacy for enabling laws to be enacted, and developing tools for follow up on implementation of recommendations on digital rights by treaty bodies and the Human Rights Council. Others were collaborations with local and regional actors including media, fact-checkers, civil society organisations, and platforms; working with the police and other national mechanisms to tackle hate speech and disinformation while protecting human rights; and conducting digital literacy.

Trainers in the programme were drawn from CIPESA, the Centre for the Advancement of Rights and Democracy (CARD), the Danish Institute for Human Rights, the Centre for International Private Enterprise (CIPE), the African Centre for Media Excellence (ACME), Inform Africa, and the Kenya National Cohesion and Integration Commission (NCIC).

Meanwhile, after the aforementioned training, CIPESA teamed up with Ethiopian civil society partners to conduct a training on disinformation and hate speech for journalists, bloggers and digital rights activists. Like many African countries, Ethiopia is grappling with a significant and alarming rise in hate speech and disinformation, particularly on social media platforms. This surge in disinformation is undermining social cohesion, promoting conflict, and leading to a concerning number of threats against journalists and human rights defenders.

The proliferation of disinformation is to citizens’ fundamental rights as studies have shown that many Ethiopians feel their right to freedom of expression is compromised. The prevalence of disinformation also means that many Ethiopians lack access to impartial and diverse information.

Disinformation has been directly fueling conflict in several regions of Ethiopia. According to workshop participants and reports, both pro-government and anti-government actors have perpetuated this vice, whose real-world consequences are severe, including the loss of life and large-scale violent events.

Whereas Ethiopia in 2020 enacted legislation to curb hate speech and disinformation, the effectiveness of this law has been called into question. Some critics argue that it has not been effectively implemented and could be used to undermine citizens’ rights.

The training equipped 21 journalists, bloggers and activists with knowledge to navigate this law and with skills to call out and fight disinformation and hate speech. The efforts of the trained journalists, and those which the human rights commission could implement, are expected to boost the fight against online harms and contribute to the advancement of digital rights in Ethiopia.

30Oct

Social Media 4 Peace: An Initiative to Tackle the Quagmire Of Content Moderation

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By Juliet Nanfuka |

Content moderation has emerged as a critical global concern in the digital age. In Africa, coinciding with increasing digital penetration and digitalisation, along with problematic platform responses to harmful content and retrogressive national legislation, the demand for robust and rights-respecting content moderation has reached a new level of urgency. 

Online content platforms and governments are increasingly getting caught in a contentious struggle on how to address content moderation, especially as online hate speech and disinformation become more pervasive. These vices regularly seep into the real world, undermining human rights, social cohesion, democracy, and peace. They have also corroded public discourse and fragmented societies, with marginalised communities often bearing some of the gravest  consequences. 

The Social Media 4 Peace (SM4P) project run by the United Nations Educational, Scientific and Cultural Organization (UNESCO) was established to strengthen the resilience of societies to potentially harmful content spread online, in particular hate speech inciting violence, while protecting freedom of expression and enhancing the promotion of peace through digital technologies, notably social media. The project was piloted in four countries – Bosnia and Herzegovina, Colombia, Indonesia, and Kenya.

At the Forum on Internet Freedom in Africa (FIFAfrica) held in Tanzania in September 2023, UNESCO hosted a session where panellists interrogated the role of a multi-stakeholder coalition in addressing gaps in content moderation with a focus on Kenya. The session highlighted the importance of multi-stakeholder cooperation, accountability models, and safety by design to address online harmful content, particularly disinformation and hate speech in Africa. 

In March 2023, as a product of the SM4P, UNESCO in partnership with the National Cohesion and Integration Commission (NCIC) launched the National Coalition on Freedom of Expression and Content Moderation in Kenya. The formation of the coalition, whose membership has grown to include various governmental, civil society and private sector entities, is a testament to the need for content moderation efforts based on broader multi-stakeholder collaboration. 

As such, the coalition provided a learning model for the participants at FIFAfrica, who included legislators, regulators, civil society activists and policy makers, whose countries are grappling with establishing effective and rights-based content moderation mechanisms. The session explored good practices from the SM4P project in Kenya for possible replication of the model coalition across African countries. Discussions largely centred on issues around content moderation challenges and opportunities for addressing these issues in the region.

Online content moderation has presented a new regulatory challenge for governments and technology companies. Striking a balance between safeguarding freedom of expression and curtailing harmful and illegal content has presented a challenge especially as such decisions have largely fallen into the remit of platforms, and state actors have often criticised platforms’ content moderation practices. 

This has resulted in governments and platforms coming to loggerheads as was witnessed during the 2021 Uganda elections. Six days before the election, Meta blocked various accounts and removed content for what it termed as “coordinated inauthentic behavior”. Most of the accounts affected were related to pro-ruling party narratives or had links to the ruling party. In response, the Uganda government blocked social media before blocking access to the entire internet. Nigeria similarly suspended Twitter in June 2021 for deleting a post made from the president’s account.

Social media companies are taking various measures to curb such content, including by using artificial intelligence tools, employing human content moderators, collaborating with fact-checking organisations and trusted partner organisations that identify false and harmful content, and relying on user reports of harmful and illegal content. However, these measures by the platforms are often criticised as inadequate. 

On the other hand, some African governments were also criticised for enacting laws and issuing directives that undermine citizens’ fundamental rights, under the guise of combating harmful content.  

Indeed, speaking at the 2023 edition of FIFAfrica, Felicia Anthonio, #KeepItOn Campaign Manager at Access Now, stated that weaknesses in content moderation are often cited by some governments that shut down the internet. She noted that governments justify shutting down internet access as a tool to control harmful content amidst concerns of hate speech, disinformation, and incitement of violence. This was reaffirmed by Thobekile Matimbe from Paradigm Initiative who noted that “content moderation is a delicate test of speech”, stressing that if content moderation is not balanced against freedom of expression and access to information, it would result in violation of fundamental human rights. Beyond governments and social media companies, other stakeholders need to step up efforts to combat harmful content and advocate for balanced content moderation policies. For instance, speakers at the FIFAfrica session were unanimous that civil society organisations, academic institutions, and media regulators need to enhance digital media literacy and increase collaborative efforts. Further, they stressed the need for these stakeholders to regularly conduct research to underpin evidence-based advocacy, and to support the development of human rights-centered strategies in content moderation.

30Oct

Advancing Awareness of the UNESCO Internet Universality Assessments in Africa

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By Juliet Nanfuka |

In 2015, the 38th General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO) endorsed a new definition on the universality of the internet. It was based upon four principles, namely Rights, Openness, Accessibility to all and Multi-stakeholder participation, or the ROAM principles. 

The addition of cross-cutting indicators in 2018 resulted in the ROAM-X Indicator framework comprising 303 indicators that assess the extent to which national stakeholders, including governments, businesses and civil society, comply with the ROAM principles. It was recognised that these indicators were central to the growth and evolution of the internet, and the achievement of the Sustainable Development Goals.  

Over the years, UNESCO has partnered with the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) to increase awareness of the Internet Universality Indicators (IUI’s) and the ROAM-X framework. In 2015, at the CIPESA-convened Forum on Internet Freedom in Africa (FIFAfrica), the ROAM principles were featured in the opening discussion of the event, with then UNESCO regional advisor for Communication and Information, Jaco du Toit, explaining the practical use of the Internet Universality principles of human-rights, openness, accessibility and multi-stakeholder participation and their link to African development.

The  2018 edition of FIFAfrica again provided a collaborative platform for experts, policymakers, activists, and technologists to exchange ideas and strategies for advancing a more inclusive and accessible digital space. CIPESA also contributed to discussions at the 2018 Internet Governance Forum (IGF) where the link between internet shutdowns and the need for national assessments through the use of the ROAM-X framework was stressed.

At the October 2020 Africa IGF, CIPESA contributed to a discussion that served as a launch of the IGF Dynamic Coalition on Internet Universality Indicators (IUIs). The Dynamic Coalition is a shared space for advocating Internet Universality ROAM principles worldwide, sharing experiences and raising awareness of the value of the related indicators and good practice in applying them in more countries. Further discussions were held at the global IGF in November 2020. 

In March 2022, CIPESA hosted a regional dialogue on the Indicators, which highlighted lessons from countries where IUI assessments had been conducted, namely  Benin, Ethiopia, Ghana, Kenya, Niger and Senegal. This effort aimed to garner best practices in conducting national assessments of media and internet ecosystems using the indicators.

Later that year, CIPESA convened a regional training webinar to raise awareness of the Internet Universality ROAM-X indicators and their potential to promote internet development to advance media freedom and digital rights in Africa. The UNESCO Information for All Programme (IFAP) and International Programme for the Development of Communication (IPDC) jointly supported the training which targeted participants from Cameroon, Malawi, Namibia,  Somalia and Uganda. Outputs from the webinar went on to feed into discussions at the 2022 IGF which included sessions on the ROAM-X indicators and a session on the Internet Universality Indicators as part of the Dynamic Coalition.

At the 2023 edition of  FIFAfrica held in September in Tanzania, UNESCO hosted a session titled “Foster Internet Freedom in Africa through UNESCO’s ROAM-X Internet Universality Indicators Assessments”. The panel consisted of UNESCO experts, including John Okande, Programme Officer, Tatevik Grigoryan, Associate Programme Specialist; and Xiaojie Sun, Junior Professional Officer. Also on the panel were participants from earlier UNESCO/CIPESA collaborative efforts on ROAM-X, including Asrat M. Beyene from the Internet Society Ethiopia Chapter and Addis Ababa Science and Technology University; Grace Githaiga, Convenor of the Kenya ICT Action Network (KICTANet); and Dr. Simon-Peter Kafui Aheto of the University of Ghana.

The various speakers showcased the main findings and recommendations from the IUI  assessments they conducted,  and impacts of ongoing and completed ROAM-X national assessments in Africa (see some assessments here). They also shared best practices and lessons learnt during the implementation process. Panelists also highlighted that the IUI is due for revision following the amount of data collected over the years and the evolving digital landscape globally.   Since its introduction, ROAM-X has been integrated into discussions at FIFAfrica and into CIPESA programming, both of which have served as collaborative platforms for experts and policymakers to advance inclusivity and accessibility in the digital space.

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