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Category Archives: Online Freedoms

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25Mar

Uganda Moves to Register Online Content Providers  

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By Daniel Mwesigwa |
Uganda has become the latest East African country to threaten access to information and free speech online by putting in place measures that require the registration of online content providers. In a notice issued earlier this month, the Uganda Communications Commission (UCC) called for online publishers, news platforms, radio and television operators to “apply and obtain authorization” for provision of services.
Without specifying the requirements necessary for application, the UCC indicates that within a month of issuance of the notice, measures will be enforced against non-compliant service providers and this “may entail directing Internet Service Providers (ISP) to block access to such websites and/or streams.”
The UCC is mandated under Section 5 of the Uganda Communications Act 2013 (UCC Act) to monitor, inspect, license, supervise, control and regulate all communications services. This mandate extends to audio, visual or data content production or dissemination through traditional broadcast media as well as internet based platforms.
According to the notice, registration of the various operators which the UCC classifies as “online data communication and broadcast content providers”, is within the regulator’s mandate to set standards and enforce compliance relating to content.
Over the years, UCC’s regulatory role has come under criticism over its lack of independence. Its establishing Act gives powers to the minister in charge of ICT to appoint the commission’s executive director and board members and to approve its budgets.  In April 2017, the parliament of Uganda passed the Uganda Communications (Amendment) Bill (2016) which further gave the minister the power to single handedly make regulations for the sector without parliamentary oversight.
More recently, UCC instructed telecommunications service providers to enforce two social media shutdowns during the presidential elections in 2016, and in September 2017 barred live broadcasts of parliamentary proceedings on the Presidential age limit amendment bill. National security and public safety have been cited as the grounds for the various directives.
There are an estimated 24 million mobile subscriptions and 18.1 million  internet users in Uganda, reflecting an internet penetration rate of 48%. The country has licensed over 40 TV and 300 FM radio stations, many of which maintain online presences through live streaming on platforms such as YouTube, Facebook and Twitter.
Meanwhile, licensed print operators maintain online portals whilst there is a growing number of independent online news publishers and bloggers. Growing media convergence has seen traditional media maintain a dominance online as was witnessed during the Uganda Presidential debate in 2016, where the television stations NTV and NBS TV influenced narrative according to a Twitter sentiment analysis.
However, without regulations in place to guide the proposed registration, it remains to be seen what obligations will be put forth for online content providers and the resultant impact that the registration will have on the country’s growing media landscape as well as the rights of users. Nonetheless, the move is a regressive development for digital rights in the country. It reflects a growing trend in neighbouring countries that are seeking to regulate online content through requirements for registration of users and service providers as well as accreditation to practice journalism.
In 2017, Tanzania published draft regulations on Electronic and Postal Communications (Online Content). The proposed regulations confer powers upon the Tanzania Communications Regulatory Authority (TCRA) to regulate online content, including through registration of users and platforms, and taking action against non-compliance with the obligations, such as ordering the removal of “prohibited content.”
A more targeted avenue has been used in Burundi, through the Press Law of 2015 which calls for all media practitioners to be accredited, including those operational purely in the online domain. A similar stance exists in Rwanda where even social media posts are theoretically regulated by the country’s National Communication Council (CNC).
The move by Uganda, proposed measures in Tanzania and existing practices in Burundi and Rwanda restrict the number of content providers online and thus inhibit the diversity and wider availability of information online. Furthermore, there is the potential for such practices to engender censorship to legitimate content which might be critical of public officials and bodies.

07Mar

Call For Proposals: Mapping and Making Available Evidence-Based Research for Internet Policies in Africa

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Call For Proposals |
A coalition of prominent internet rights policy and civil society advocates are pleased to issue this open call for proposals for a consultancy on “Mapping and Making Available Evidence-Based Research for Internet Policies in Africa.”
This international Call for Proposals invites submissions from researchers, academicians, scholars, and professionals. Successful proposals will help involved organizations to overcome the limited availability and accessibility of evidence-based research regarding internet policies in Africa to nurture public debate and due consideration by policy makers within the region.
The details of this Call for Proposals, including application instructions and timeline, may be downloaded. Applications must be submitted by March 25, 2018. Chosen proposal will be announced within April 2018. Requests for clarification and submissions, please sent to Alberto Cerda at [email protected]
This coalition includes Article 19 Eastern Africa, BudgIT, the Centre for Intellectual Property and Information Technology Law at Strathmore University (CIPIT), Co-Creation Hub, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), iHub, the Kenya ICT Action Network (KICTANet), and Paradigm Initiative, with the support from the Ford Foundation´s Internet Freedom Program.

04Mar

Litigating Against Internet Shutdowns in Cameroon

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By Juliet Nanfuka |
The pushback against internet shutdowns in Cameroon has recently taken a new turn with advocacy organisations filing formal submissions before the Supreme Court of Cameroon. In their January 2018 submission, AccessNow and Internet Sans Frontières (ISF) highlight Cameroon’s commitment to international and regional human rights law and urge judges to recognise that disrupting or blocking the internet is incompatible with the right to free expression and access to information.
Authorities in Cameroon first initiated an internet shutdown in the English-speaking regions on January 17, 2017, which lasted 93 days. The shutdown was imposed in the wake of ongoing strikes, fatal violence and protest action against the continued “francophonisation” and marginalisation of English speakers who claim the central government “privileges the majority French-speaking population and eight other regions.” Cameroon’s constitution recognises the two languages as equal and calls for bilingualism. A second shutdown was effected on October 1, 2017 and some 150 days later, there was still no sign that the shutdown is about to be lifted in the affected Anglophone regions of Southwest and Northwest Cameroon.
The case in which AccessNow and ISF intervened is one of two ongoing cases challenging the January 2017 shutdown. Initiated in April 2017 by Cameroon’s Veritas Law Offices, in collaboration with the Media Legal Defence Initiative (MLDI), the cases are against the Ministry of Post and Telecommunications, Cameroon Telecommunications (CamTel) – a private company which dominates the telecoms sector in the country – and the Government of Cameroon.
Litigation has been recognised as a potentially effective tool in removing restrictions on the free flow of information online in countries with repressive internet regimes. Increasingly,  various initiatives are seeking to encourage collaboration across different internet governance actors in strategic litigation for a free and open internet.
AccessNow and ISF’s filing seeks remedy for the shutdown, calling it a violation of citizens’ constitutional rights to freedom of expression and access to information and freedom from discrimination. Indeed, in the submission, the organisations point out that international and regional courts as well as human rights institutions have condemned shutdowns as contrary to the law, unnecessary, and a disproportionate means of achieving their aim.
The filing also to refers to Article 19(3) of the International Covenant on Civil and Political Rights (ICCPR) and Article 9 and 27(2) of the African Charter, which state that a limitation or restriction on the right to freedom of expression will only be justifiable where it is (i) provided by law, (ii) serves a legitimate interest, and (iii) is necessary in a democratic society. These articles further state that where a state’s restriction or limitation fails to meet any one of the aforementioned criteria, it will amount to a violation of the right to freedom of expression.
Meanwhile, in November 2016, the African Commission on Human and Peoples’ Rights adopted a Resolution in which it expressed its concern over “the emerging practice of State Parties of interrupting or limiting access to telecommunication services such as the Internet, social media and messaging services, increasingly during elections”. It urged state parties “to respect and take legislative and other measures to guarantee, respect and protect citizens’ right to freedom of information and expression through access to Internet services.”
Various countries in Africa, Europe and Asia have experienced various forms of internet disruptions in recent years, some repeatedly like DR Congo, Ethiopia, India, Turkey, and Uganda, often with little legal recourse available to citizens. In the few instances where redress has been sought through courts of law, the proceedings have been slow such as the case of Uganda which called for the 2016 social media and mobile money shutdowns to be classed as illegal in a bid to deter a repeat of similar actions. Indeed, litigation is offering a new frontline in digital rights, such as in the case of the Gambia following the February ruling by the Economic Community of West African States (ECOWAS) Regional Court of Justice that media laws on sedition, false news and criminal defamation violate the right to freedom of expression. This mirrored the 2015 ruling by the East African Court of Justice (EACJ) which ruled that sections of Burundi’s Press Law of 2013 violated press freedom and democratic principles called for them to be repealed.
Nonetheless, the push for digital rights has taken on different forms and strategies, including the popular #KeepItOn campaign which is creating greater awareness and pushback against internet shutdowns. In Africa, for as long internet disruptions continue to recur, more strategic responses to them need to be developed particularly as sinister measures such as ambiguous regulations are increasingly taken to control the flow of information and freedom of expression online.
Update: Internet Access in the affected regions of Cameroon was restored in early March 2018.

10Feb

CIPESA Submits Comments On The Uganda Data Protection and Privacy Bill, 2015

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Official Submission |
Article 27 of Uganda’s constitution provides for citizens’ right to privacy, however, there is no law to protect an individual’s data privacy despite the large amounts of citizen data collected by government departments and private entities on a regular basis. More concerning, is that this data is collected with no guarantee of its protection and privacy.
Some existing legislation, for instance the Computer Misuse Act, 2011 (section 18); Access to Information Act, 2005 (section 26); Uganda Communications Act, 2013 (section 79); Electronic Signatures Act, 2011 (section 81); and the Regulation of Interception of Communications Act, 2010 (section 2) prohibit unauthorised access and disclosure of information. However, the provisions in these laws are not elaborate and do not adequately protect personal data.
The publication of the draft Data Protection and Privacy Bill 2014 was therefore a milestone. Accordingly, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) submitted comments to that version of the bill. Various concerns were raised including vague wording which left the bill open to misinterpretation, unclear procedural processes for collection and retention, as well as the costs associated with accessing personal data.
More recently on , CIPESA welcomes the Parliament of Uganda’s call for submissions on the Draft Data Protection and Privacy Bill, 2015. It once again gives opportunity for stakeholders to provide input to ensure that the law, when enacted, measures up to internationally acceptable standards of data protection.
In our latest submission, we highlight some of the positive principles and provisions of the Bill. Furthermore, we indicate areas of concern and suggest amendments to ensure that if the bill is passed into law, there are sufficient safeguards to regulate the collection, storage and use of data towards upholding citizens’ right to privacy.
See the full submission made on the Uganda Data Protection and Privacy Bill, 2015 presented to the Committee on Information and Communication Technologies (ICT) in the Parliament of the Republic of Uganda

30Jan

Disruptions To Digital Communications Persist In The Democratic Republic Of Congo

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By Edrine Wanyama |
Internet access and Short Message Services (SMS) were interrupted in the Democratic Republic of Congo (DR Congo) on January 20, 2018 ahead of a peaceful protest march organised by the Catholic Church to compel President Joseph Kabila to step down following the expiry of his final term in office. The country remains caught in a cycle of instability since the postponement of the November 2016 elections to December 2017, and then to April 2018.
The first interruption of digital communications in the vast central African nation occurred in December 2011 in the aftermath of general elections, before the announcement of the election results. The shutdown affected SMS, and lasted 25 days.
In the seven years since then, DR Congo has experienced at least five communication disruptions amidst growing concerns about surveillance of the digital communications of opposition leaders, journalists, and activists.

See: The Evolution of Internet Shutdowns in DR Congo

Affronts to internet access hurt human rights, and undermine political stability and economic growth. According to the new framework for calculating the economic impact of internet shutdowns, DR Congo loses at least USD 1,936,911 per day of an internet disruption.
The regular communication disruptions bring into focus the role of intermediaries in advancing internet freedom in the country. Specifically, telecom companies and other Internet Service Providers (ISPs) are being challenged to dissociate themselves from censorship, by declining to effect the government’s orders to cut off communications. Such a move would arguably be in accordance with the UN Guiding Principles on Business and Human Rights which require businesses to proactively address all adverse human rights impacts directly linked to their operations, products or services. However, many telecommunications services providers fear reprimand and termination of their licences for failure to comply with directives from the state to interfere or block digital communications.
Government directives to shut down the internet or interrupt communications are usually issued under the guise of “national security” or “public order”. In a letter ordering network disruptions in August 2017, an official of the national communications regulatory body, the Autorité de Regulation des Postes et Télécommunications du Congo (ARPTC), instructed service providers to take preventative measures to reduce the capacity to transmit “abusive messages.”
Internet penetration in DR Congo remains low at 4.2%, supported by a 55.7% mobile penetration. To-date, there are two primary laws governing the telecommunications sector, both of which were passed in 2002: the Framework Law 013/2002 on Telecommunications, and the Law 14/2002 on the Regulations – the law that established the national regulator. However, rather than advance internet access and usage, these laws have often been used against the media and critics of the state. Meanwhile, there are limited meaningful avenues for citizens to provide inputs to proposed new laws related to the telecommunications industry.
President Kabila’s government should boldly work to stop the abuse of rights which the country’s 2005 constitution guarantees . Abuse of free expression and access to information has continued in Congo despite the recognition of access to the internet as a human right by African and International Human Rights instruments. The UN Secretary General has previously called and continues to call upon the Congolese government to uphold her citizens’ freedoms to speech and peaceful assembly.
It is thus imperative that Congo government authorities desist from interrupting digital communications and guarantee citizens’ access to the internet and to the full enjoyment of their digital rights. Further, the Congo government should recognise the relationship between access to the internet and citizens’ livelihoods and work to grow the number of its citizens that meaningfully access and use digital tools and services.

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