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11Sep

FIFAfrica18: Growing Africa’s Community of Internet Freedom Leaders

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By Juliet Nanfuka |
In less than a month, the Forum on Internet Freedom in Africa 2018 (#FIFAfrica18) will take place in Accra, Ghana. Hosted by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) in partnership with the Media Foundation for West Africa (MFWA), this year’s Forum is the first to be held in West Africa. Since its inception in 2014, the Forum has been hosted in East Africa and Southern Africa.
FIFAfrica focuses exclusively on internet rights and freedoms and looks at them through the lens of policy, regulation, and governance. It offers a platform for critical engagement of diverse stakeholders in identifying the most pressing internet rights-related issues and challenges that have to be addressed at national and regional levels. It also identifies opportunities for bringing the debate on the importance of human rights online at national, regional and global fora and aims to identify effective ways to engage with them.
At the practical level, the Forum works to support skills development including in digital security practices for safe and secure ICT access and adoption, policy advocacy, and engagement processes.
Engagements at the Forum reflect current trends and concerns in access and usage of the internet and related technologies on the continent. As such, each year since 2014 has seen us launch themed research on the State of Internet Freedom in Africa. The Forum also coincides with the annual commemoration of the International Day for Universal Access to Information (IDUAI) that is marked every September 28.
This year we have lined up panel discussions, workshops, hubs, exhibitions and lightning talks on a diversity of topics including advancing advocacy and research on gender-based cyber violence in Africa, civic technology and social innovation, online content regulation trends in Africa, and community networks for internet access. Other topics include: African content online, consumer rights in the digital age, digital rights advocacy, the economic costs of social media taxes and internet shutdowns, as well as media and misinformation, and protecting vulnerable users of the internet. Additionally, FIFAfrica will provide a stage for the first assembly of the Ethiopian Zone 9 Bloggers since their release, where they will share their experiences of censorship amidst the plight of freedom of expression.
The Forum agenda and sessions have been shaped by a public call for proposals and speakers and thus represent diverse voices, expertise and stakeholder groups, many of them new to FIFAfrica.. Among these are the Council of Europe who will host a panel that will contribute to the on-going efforts on harmonisation of national cybercrime laws with international and regional standards in the African continent, and provide a specific focus on human rights safeguards. Meanwhile, digital rights group NetBlocks will have their Africa launch of the Cost Of Shutdown Tool (COST). The tool was developed by NetBlocks in collaboration with the Internet Society and first unveiled at RightsCon Toronto in May 2018. It is aimed at automating the task of economic estimation of the impact of internet shutdowns, mobile data blackouts and social media restrictions.
Additionally, September 28, 2018 will mark the third commemoration of the International Day for Universal Access to Information (IDUAI), first celebrated by UNESCO in 2016. The IDUAI reinforces target 16.10 of the Sustainable Development Goals (SDG) which calls for ensuring public access to information and protection of fundamental freedoms. As part of the IDUAI 2018 celebrations, UNESCO is set to host a session at FIFAfrica to raise awareness on the intersection of access to information and application of the internet universality indicators.
Skills workshops at the Forum will include one on strategic litigation led by the Media Legal Defence Initiative (MLDI) which is aimed at building the capacity of internet activists to collaborate across disciplines to more effectively push back against regressive legal frameworks that are not conducive to access and use of the internet in Africa. CIPESA, together with the UK-based Small Media, will also host a two-day interactive workshop on internet freedom and the Universal Periodic Review (UPR). The workshop is part of a wider project working to support civil society organisations across Africa to engage with the UPR process through research, capacity development and developing tools to support internet freedom advocacy.
The Forum’s growing audience – from 80 participants representing six countries in 2014 to over 250 from 35 countries in 2017 –  the diversity of participants and discussions, reflects increased awareness among Africa’s growing internet user and stakeholder community for the need to pave the way for broader and more impactful work on advancing digital rights advocacy and drawing up common strategies to promote internet freedom.
This year, we aim to continue on this growth path as the community of internet freedom advocates steadily grows and the opportunities to advance internet freedom are progressively realised particularly in the face of persistent affronts to the rights of African online users.
You can still register here | See the draft agenda

09Sep

Marking the International Day for Universal Access to Information (IDUAI) at FIFAfrica18

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Announcement |
As part of the International Day for Universal Access to Information (IDUAI) 2018 celebrations at the upcoming Forum on Internet Freedom in Africa 2018 (FIFAfrica18), UNESCO is set to host a session to raise awareness on the intersection of access to information and application of the internet universality indicators. September 28, 2018 will mark the third commemoration of the IDUAI, which reinforces target 16.10 of the Sustainable Development Goals (SDG) which calls for ensuring public access to information and protection of fundamental freedoms.
The session comes at a time when African states are increasingly impeding digital rights including through restrictive content regulations, retrogressive laws and financial barriers – and inseparably limiting access to information for socio-economic development. It is fundamental therefore to have a standard tool of measurement to help states and non-state actors to measure policy decisions and regulatory actions.
In 2015, the concept of “Internet Universality” was adopted by the General Conference of the United Nations Educational Scientific and Cultural Organisation (UNESCO) with the goal of highlighting features of the internet which are fundamental to fulfilling its potential for sustainable development and for realising an inclusive knowledge society. Based on four principles – the R-O-A-M principles – the internet universality indicators are aimed at helping states and other stakeholders to measure internet policies as well as serve as a research tool for assessing internet development.

R – that the internet is based on human Rights
O – that it is Open
A – that it should be Accessible to all
M – that it is nurtured by Multistakeholder participation.

Application of the R-O-A-M principles is underscored by the need for public access to information, a target well outlined in Goal 9 of the SDGs which also calls for the significant increase in access to information and communications technology and to strive to provide universal and affordable access to the Internet in least developed countries by 2020.

The Forum provides a unique platform for this engagement as it convenes various stakeholders from the internet governance and online rights arenas in Africa and beyond to deliberate on gaps, concerns and opportunities for advancing privacy, access to information, free expression, non-discrimination and the free flow of information online on the continent.
Through its regional offices in Eastern Africa and in Southern Africa, UNESCO has participated in previous FIFAfrica editions. Last year’s Forum in Johannesburg, South Africa hosted the IPDC talks Southern Africa competition awards ceremony and panel discussions on media and SGD’s advocacy.
For details on the programme for FIFAfrica18, see the agenda. Other details about FIFAfrica can be found at www.internetfreedom.africa.

30Aug

Council of Europe to Host Session on Cybercrime Legislation in Africa at the Forum on Internet Freedom in Africa 2018 (FIFAfrica18)

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Announcement |
The Forum on Internet Freedom in Africa 2018 (#FIFAfrica18) is pleased to announce the participation of the Council of Europe (CoE), through its Cybercrime Division, at the landmark event which is set to take place in Accra, Ghana, at the end of September.
The panel aims to contribute to the on-going efforts on harmonisation of national cybercrime laws with international and regional standards in the African continent, and provide a specific focus on human rights safeguards. International experts, with background on drafting, implementing and enforcing cybercrime legislation, will facilitate an interactive discussion with the participants by introducing the current state of cybercrime legislation in the African continent, debating the progress made in the recent years and discussing the entailed human rights challenges.
FIFAfrica convenes various stakeholders from the internet governance and online rights arenas in Africa and beyond to deliberate on gaps, concerns and opportunities for advancing privacy, access to information, free expression, non-discrimination and the free flow of information online. This year’s forum, which runs from September 26 to 28, is hosted by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) and the Media Foundation for West Africa (MFWA).
According to recent statistics, Africa is exhibiting one of the fastest growth rates in Internet penetration worldwide, with digital connectivity that has almost tripled in the last five years. In the same period, both governments and private sector entities in Africa have been experiencing an equally increasing trend of cyber-attacks.
The CoE has taken steps to protect the pillars of democracy in the digital age particularly as  large-scale theft of personal data, computer intrusions, bullying, harassment and other forms of cyber violence, or sexual violence against children online, affect the extent to which the use of online tools enables participation in democratic processes. Moreover, it is notable that hate speech, xenophobia and racism may contribute to radicalisation, leading to violent extremism.
Attacks against computers used in elections and election campaigns are attacks against democracy. Daily attacks against critical information infrastructure affect national security and economic and other national interests as well as international peace and stability. Moreover, evidence in relation to fraud, corruption, murder, rape, terrorism, the sexual abuse of children and, in fact, any type of crime may take the form of electronic evidence, which is volatile, often intangible and probably in other jurisdictions. And accessing such evidence also has implications for human rights and the rule of law. Effective, legally compliant and robust procedures for the identification, collection and preservation of electronic evidence are therefore essential.
It is in regard to these trends that the CoE will host a panel discussion at FIFAfrica18 that will include reference to the Budapest Convention. The convention is an international treaty that aims at providing substantive legislation and procedural powers for criminal justice authorities to effectively tackle cybercrime, while upholding rule of law and human rights. Since its entry into force in 2004, the Budapest Convention has proven to be a solid baseline for enhanced cooperation across borders, and many governments in Africa, as well as in the rest of the world, have undertaken legal reforms using it as a guideline.

16Aug

Zambia Introduces Daily Tax on Internet Voice Calls

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By Daniel Mwesigwa |
The government of Zambia is set to introduce a daily levy of 30 Ngwee (USD 0.03) on internet voice calls. In a press statement issued after a cabinet meeting on August 12, 2018, the government spokesperson said internet calls through platforms such as Viber, WhatsApp and Skype “threaten the telecommunications industry and jobs” in licenced telecom companies such as Zamtel, Airtel and MTN”.
Accordingly, the cabinet approved the issuance of a Statutory Instrument to “facilitate the  introduction of the tariff to be charged through mobile phone operators and internet providers.” In justifying the introduction of the levy, the government spokesperson cited research which showed that “80 percent of the citizens are using WhatsApp, skype, and Viber to make phone calls.”
The statement did not indicate when the statutory instrument would be introduced, or when the levy is anticipated to take effect. The new tax, according to reports quoting the communications minister, was expected to fetch USD 22 million annually.
The proposed levy adds to Zambia’s mixed record on ICT access and freedom of expression online. The Zambia Information & Communications Technology Authority (ZICTA) reports a mobile phone penetration rate of 81.9% and mobile internet penetration rate of 47.1%. However, mobile and internet proliferation is threatened by high costs of access, a digital divide between men and women and between rural and urban areas. Quality of service also remains poor as evidenced by the recent fines slapped by ZICTA on the three leading telecommunications service providers.  
The Media Institute of Southern Africa (MISA) Zambia Chapter and a collective of bloggers have expressed deep concern about the tariffs on internet calls. They asked government to shelve the plans to introduce the tariff and to instead undertake efforts to promote affordable internet access. They argued that the “underlying objective” of the tariff is to “stifle free expression of millions of Zambians who increasingly depend on online tools to communicate.” They added that it is a “threat to entrepreneurship and innovation as many youths and citizens are using internet platforms to advance their socio-economic activities.”
Meanwhile, the Zambian cabinet has also approved the introduction of the Cyber Security and Cyber Crimes Bill that will repeal and amend provisions of the Electronic Communications and Transactions Act No. 21 of 2009. The bill will purportedly “promote an increased cybersecurity posture, facilitate intelligence gathering, investigation, prosecution and judicial processes in respect of preventing and addressing cybercrimes, cyber terrorism and cyber warfare.”
In addition to facilitating the establishment of Zambia National Cyber Security Agency (ZNCSA), which is expected to serve as the “coordination centre for all matters related to cyber security at national and international levels”, the proposed law will also criminalise “computer-based offences and network-related crime in line with the Penal Code”. Furthermore, it will “provide for investigation and collection of evidence for computer and network related crime and also provide for the admission of electronic evidence for such offences” as well as “adequately deal with various crimes committed using social media platforms.”
Zambia’s move  becomes the latest in a string of steps taken by African governments to undermine internet access and affordability, and weaken the potential of the internet and related technologies to promote free expression, access to information and civic participation. In March 2018, Uganda’s communications regulator issued a directive requiring online content providers to register and pay an annual fee of USD 20. Shortly thereafter, in July 2018, social media taxes were introduced with users required to pay a daily levy of Uganda Shillings (UGX) 200 (USD 0.05) before regaining access to social media platforms which were blocked.
In neighbouring Tanzania, online content service providers and producers have to pay over USD 900 to register with the state for permission to maintain their platforms, according to new 2018 regulations. Meanwhile, in the Democratic Republic of Congo, in mid June, the ministry of communications issued a decree giving online media outlets a month to comply with new regulations or face harsh penalties.

10Aug

Why Uganda’s Government Should Take a Different Path to Social Media and Mobile Money Taxation

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Statement |
There has been widespread concern over newly introduced levies on social media access and mobile money transactions in Uganda, which are widely considered a threat to internet access and affordability, as well as to freedom of expression and access to information. The effects of the taxes that took effect on July 1, 2018, were the focus of discussions at a recent stakeholder dialogue  organised by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) and the Internet Society Uganda Chapter.
At the dialogue, entrepreneurs, journalists, lawyers, activists, technologists, and academics shared their perspectives and experiences, resulting in a set of recommendations to the government on alternatives to the current modes of taxation.
The government says the taxes are needed so as  to expand the country’s tax base. In the 2018/2019 national budget speech, the finance ministry estimates that up to UGX 486 billion (USD 131 million) could be collected annually by 2022 from taxes on social media Over-The-Top (OTT) services.
However,   presenting early results on an ongoing study on the impact of the taxes, Dr. Christopher Stork of Research ICT Solutions stated that the country’s rural-based users of social media and mobile money will be hardest hit by the taxes, increasing the percentage of the unconnected and resulting in decreased revenue for telecom/ internet operators. He said this would ultimately lead to reduced growth in the gross domestic product (GDP) and hamper job creation.

Image above: Comparison of taxes against average income across regions in Uganda | Source:  Research ICT Solutions

Image above: Prepaid products user tax burdens | Source:  Research ICT Solutions
This study’s preliminary results affirm earlier contentions, such as by the After Access researchers, that those who marginally afforded internet services before the taxes were introduced are likely to now find internet use totally unaffordable, thereby increasing the percentage of the unconnected.
Meanwhile, Dr. Abdul Busuulwa, Executive Director at Community Based Rehabilitation (CBR) Africa Network, said whereas social media and mobile money platforms had eased the lives of persons with disabilities (PWDs),However, the increased cost of accessing these platforms due to the new taxes had reversed these  gains. He said platforms like WhatsApp were helping in disseminating critical information among people with hearing difficulties before the added cost of using social media rendered them unaffordable to members of these groups, who he said already faced challenges in finding employment and often relied on financial support from others.
The impact of the taxes on the use of online platforms for civic engagement on local governance was described by Samuel Mumbere, ICT Officer at the Kasese District Local Government in Western Uganda. According to Mumbere, whereas introduction of the taxes had prompted a rise in the use of Virtual Private Networks (VPNs) by community members who needed to maintain avenues of social accountability and access to information in the district, many were concerned about the additional costs related to data usage by some VPN products.
On the access to justice front, the online legal knowledge and support platform, Barefoot Law, was cited as a social media-based service that had enabled citizens to access legal support and services which the poor are often excluded from due to financial constraints. Such platforms are also threatened with reduced use by citizens due to the taxes.
Those in e-commerce cited barriers to accessing their clients, and reduced competitiveness of their products and services, due to the taxes. The Managing Director of Jumia Uganda noted that the company’s work with some 3,000 different sellers, 1,000 hotels, and over 200 restaurants had experienced strained operations as their operations relied greatly on social media.
Although the mobile money transactions tax is under review, with a new bill tabled before parliament proposing to reduce the tax from 1% to 0.5%, this does little to address the impact the tax will still have on financial inclusion. Feminist and writer, Edna Ninsiima, highlighted the role that mobile money has played in empowering unbanked women. She said the new transaction fees are affecting the financial independence of women – including building a savings culture – where it had been growing steadily.
Meanwhile, Kojo Boakye, Public Policy Manager, Access and Connectivity, Facebook, cited the counter impact of the taxation on digital dividends including efforts to extend connectivity and broadband penetration. He questioned the likelihood of the tax raising the projected revenue, adding that  the tax could also have an impact on the investment decisions of investors in infrastructure. In 2017, Facebook, in partnership with Airtel Uganda and Bandwidth and Cloud Services (BCS) Uganda announced  a USD 100 million project to lay nearly 800 km of fibre optic cable in north-western Uganda. Like Facebook, Google has also worked to extend connectivity in Uganda with infrastructure investments including a wifi project in the capital, Kampala.
Overall, participants at the dialogue pointed out that the taxes are not only discriminatory in nature but also disenfranchise already marginalised and vulnerable communities including PWDs, women, youth and rural communities. They called on the government to reassess its position on the taxes without inhibiting growth in ICT usage and innovation. The dialogue was also introspective with many noting that more proactive and collaborative efforts should be pursued by non-state actors, especially research and participating in consultative policy processes, to enhance informed decision-making by the government.
 
 

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