Online Freedoms Archives – Page 31 of 39 – Collaboration on International ICT Policy for East and Southern Africa (CIPESA)

16Dec

Open letter to the Nigeria Senate on the “Social Media” Bill

admin December 16, 2015

By Civil Society |
An open letter has been delivered to the Nigeria Senate President stressing concerns over the Frivolous Petitions Bill which has provisions which threaten the use of social media in Nigeria.

Distinguished Senators,
We are a coalition of Nigerian, African, and international organisations writing to you about the proposed Frivolous Petitions (Prohibitions, etc) Bill that has provisions for social media regulation. We believe that the bill is a dangerous encroachment upon free expression and we urge you to reject it from further consideration. The use of social media is a mainstay of free expression in the digital age, and criminalising its use under the guise of “frivolous petitions” will adversely impact human rights while violating the principles underpinning Nigeria’s own constitution.
Background and relevant law

The bill, introduced by Senator Bala Ibn Na’Allah, is officially called “An act to prohibit frivolous petitions; and other matters connected therewith,” and has been nicknamed “Social Media Bill” by concerned citizens. The bill requires any person submitting a petition to the government to have an accompanying affidavit. This requirement would harm government transparency, making it more difficult, and costly, to complain about public services or graft. However, the bill goes much further. Section 3(4) states:

Where any person through text message, tweets, WhatsApp or through any social media post any abusive statement knowing same to be false with intent to set the public against any person and / or group of persons, an institution of government or such other bodies established by law shall be guilty of an offence and upon conviction shall be liable to an imprisonment for 2 years or a fine of N2,000,000 or both such fine and imprisonment.

Nigeria’s constitution provides strong free expression protections (Art. 39). Furthermore, Article 66(2) of the Revised Treaty of the Economic Community of West African States stipulates protections for the press. The African Charter on Human and Peoples’ Rights, which Nigeria has ratified, also guarantees the right to freedom of expression (Art. 9). These protections were reaffirmed in the 2014 judgment in the case Lohé Issa Konaté v. Burkina Faso finding that imposing criminal penalties for defamation fails to comport with Nigeria’s obligations. Internationally, free expression is protected under Article 19 of the International Covenant on Civil and Political Rights, and the United Nations (UN) has specifically stated that the right to free expression applies to the online world — including social media platforms. In 2011, then UN Special Rapporteur on freedom of expression Frank La Rue specifically called for decriminalizing defamation.
The bill violates Nigerian law and international law

The bill’s overbroad language would have a chilling effect upon free speech online. A user cannot be sure how to comply with the law, or know whether their posts are intended to “set the public against” an undefined group or the government. At the same time, the bill is illogically specific, and does not justify its targeting of WhatsApp, a private messaging application, and Twitter, a microblogging platform. In this way, the bill criminalizes defamation against individuals or groups, as well as dissent against the government, with wholly vague and disproportionate restrictions that do not strictly pursue legitimate purposes.
The bill also presents unbalanced and short-sighted policy calculations. This bill cuts against Nigeria’s spirit of openness and support for a vibrant free press and an innovative internet ecosystem. Journalists would be at risk of criminal penalties for reporting on public officials, silencing a crucial tool to combat corruption and encourage accountable governance. Already the continent’s largest economy, Nigeria has 15 million Facebook users, and its technology sector is rapidly expanding. This restrictive law will only harm innovation and deter investment.

We also note that this is not the only legislation that criminalises free expression in this way. The unrelated Cybercrime Act of 2015, now in force, imposes strong penalties (3 years in prison or N7 million) in the name of security under sections 24(a) and 24(b), again violating the right to free expression.RecommendationsWe were encouraged by President Muhammadu Buhari’s indication that he will not support a law that violates free speech, and by the statement credited to the House of Representatives that they will not do anything to close the space for free speech. We also remind you that civil society groups have drafted the Digital Rights and Freedom Bill, a forward-looking proposal that will promote human rights while enabling Nigeria to thrive economically in the digital age.
Specifically, we urge you to:

Reject the Frivolous Petitions Prohibition Bill (aka “Social Media Bill”) in its entirety
Ensure that, should the Senate choose to continue with the process of considering the bill, the required public hearing before the third reading of the Social Media Bill is announced publicly and enables full civil society input and participation
Amend or remove the penalties under Section 24(a) and 24(b) of the Cybercrime Act of 2015
Support the Digital Rights and Freedoms Bill, as a guarantor of human rights in the digital age.

We are available to meet with you about this matter at your earliest convenience.
Sincerely,
Access Now
Association for Progressive Communications
Centre for Information Technology and Development
Civil Society Legislative Advocacy Centre (CISLAC)
Collaboration on International ICT Policy in East and Southern Africa (CIPESA)
Committee to Protect Journalists
Electronic Frontier Foundation
Enough is Enough Nigeria
Freedom House
International Service for Human Rights
Internet Sans Frontieres
Media Rights Agenda
Paradigm Initiative Nigeria
PEN International
PEN Nigeria
Rudi International
Social Media Exchange (SMEX)
Web Foundation
West African Journalists’ Association
Zimbabwe Human Rights NGO Forum

11Dec

South Africa Bill Threatens Internet Freedom

admin December 11, 2015

By Juliet Nanfuka |
South Africa’s Cybercrimes And Cybersecurity Bill (2014) has been met with apprehension among civil society due to its vague definitions, its limited safeguards for access to information and freedom of expression. In many ways, it resonates with the equally stifling Draft Online Regulation Policy gazetted in March 2015, which contains clauses that have the potential of blocking online content including films, games and certain publications.
Civil society welcomed the invitation by the Department of Justice and Constitutional Development to provide comment to the draft document. However, concerns have been raised across the board including by the Interactive Advertising Bureau South Africa on the grounds that the bill “broadens the definitions of copyright and creates requirements that do not exist in current copyright law.”
The Association for Progressive Communications in their submission stated that the bill does not make sufficient distinction between unlawful intention and a lack of intention by an internet user, such as an inexperienced internet user downloading illegal malware, but being ignorant of this fact. According to APC, given the low levels of digital literacy in South Africa, this is an important concern. it also noted that the Bill lacks a clear perspective on the culpability of minors and the evolving capacity of minor.
The Right2Know campaign in their comments pointed out that the bill gives the state excessive authority by granting “the power to declare any data, database, device, network, infrastructure – publicly or privately owned – to be a ‘National Critical Information Infrastructure.’”
Many clauses in the South African Bill are similar to clauses present in a spate of bills that have emerged in East Africa. In Part V of the Kenya Security Laws (Amendment) Act 2014, the surveillance capabilities of the Kenyan intelligence and law enforcement agencies are expanded without sufficient procedural safeguards. A similar stance is present in the Tanzania Cybercrime Act (2015), which was signed into law with limited public review. The Act makes no indication on the rights the users have of their data nor how it is protected once in the hands of the state, putting citizens’ data at risk especially in the absence of a data privacy and protection law.
Meanwhile in Nigeria, the controversial Social Media Bill was met with criticism as it “completely negated important international conventions to which Nigeria was a signatory”. The Partnership for Media and Democracy in Nigeria (PAMED) raised the concern that “the bill constitutes a threat to democracy because it seeks to repress the social media, the conventional media, the civil society and the citizenry as a whole.”
A recurring theme across many of these new legislations is the continued attempt of states to muzzle opinion of the media, independent social commentators (popular bloggers) and various other non-state actors who are involved in the promotion of freedom of expression, accession to information, increased state transparency and accountability.
Further, the contradictory nature of the new and proposed laws with existing legislation compromises the security and privacy of citizens and their data and leaves gaps for the abuse of internet rights as prescribed in the African Declaration of Internet Rights and Freedoms remain largely ignored.

09Nov

CIPESA at the Internet Governance Forum 2015

admin November 9, 2015

The annual Internet Governance Forum (IGF) this year takes place in Joao Pessoa, Brazil from October 10-13. We are excited to participate at the forum which is themed “Evolution of Internet Governance: Empowering Sustainable Development”, during which we will share our insights on internet governance and related issues in East Africa.
An initiative of the United Nations, the IGF is a multi-stakeholder dialogue forum open to representatives from Government, NGOs, academia, private sector, as well as any other entities and individuals interested in Internet Governance issues. This year’s forum will explore the main theme through eight sub-themes including: Cyber security and trust; The internet economy; Inclusiveness and diversity; Openness; Enhancing multi-stakeholder cooperation; The internet and human rights; critical internet resources; and emerging issues.
Through our membership of the Association for Progressive Communications (APC) and partnerships with Paradigm Initiative Nigeria (PIN), Facebook Africa Policy and the Deutsche Welle (DW) Akademie, among others, CIPESA is directly participating in the forum in the following events:
Pre-Events
November 8 – 9, 2015

Deutsche Welle Preparatory Workshop
Local Actions to Secure Internet Rights (LASIR) Learning Meeting

Workshops
November 10, 2015

Workshop 187 on Promoting Local Actions to Secure Internet Rights

November 11, 2015

Civil Society Round Table with the United States Department of State Cyber Coordinator Chris Painter

Round Table – #AfricanInternetRights: Whose rights are these anyway?

Side Events
November 12, 2015

State of the Internet in Africa
APC 25^th Anniversary Celebrations @APC

Follow us on twitter – @cipesaug for updates. Also follow the Forum proceedings using the hashtag #IGF2015.
More information about the IGF is available here.

03Oct

Forum Sparks Debate on Internet Freedom in Africa

admin October 3, 2015

By Juliet Nanfuka |
The recently concluded two-day Forum on Internet Freedom in East Africa 2015 sparked debate on the many facets of internet freedom, including access to information, digital safety, media freedom, online violence against women, regulation of the internet, freedom of expression online, and the online economy.
The first day of the Forum coincided with the internationally celebrated Right to Know Day (September 28) and also served as a platform to recognise the tenth anniversary of the Access to Information Act in the host country, Uganda.
The Forum, organised by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) under the OpenNet Africa initiative, brought together just under 200 participants, a dramatic increment from the 85 who participated at last year’s inaugural Forum. Participants represented a wide spectrum of stakeholders including communications regulators, civil society, intermediaries, private sector, tech enthusiasts, artists, media and ordinary citizens. It was supported by the African Centre for Media Excellence (ACME), Hivos, Ford Foundation, Open Technology Fund, UNESCO and Web We Want.
According to the ITU, there are currently 3.2 billion people using the internet of which, by end 2015, two billion will come from developing countries. There is therefore a need to create awareness and to advocate for internet rights in developing countries that are registering a dramatic uptake of the internet.
The African Declaration on Human Rights has set the foundation upon which human rights standards and principles of openness in internet policy formulation can be developed in Africa. While various policies and laws have been developed in the continent’s 54 countries, many contradict the rights to privacy, access to information, data security, and freedom of expression.
In his opening remarks at the Forum, Jaco du Toit, Communication and Information Adviser at the UNESCO Regional Office for Eastern Africa, pointed to growing concerns over the mechanisms used by governments in the region to monitor citizen’s activities both online and offline. These concerns threaten legitimate online interactions including by the media that plays the role of society’s watchdog, and by critical citizens with large online footprints and human rights organisations that rely on information to encourage civic participation and good governance.
The use of ICT tools by citizens to exercise their right to free expression and as an engine for development is widely recognised especially as the push for open data gains momentum across the African continent. However, recognition of internet rights in the same breath as the rights guaranteed offline by national constitution remains a grey area.
Internet Freedom in East Africa
The forum served as the launch of the State of Internet Freedom in East Africa 2015 report on access, privacy and security online in Burundi, Kenya, Rwanda, Tanzania, and Uganda. The report is the result of qualitative and quantitative research conducted in the focus countries between May 2014 and August 2015.
The report highlights legal developments related to internet freedom in each of the focus countries such as the May 2015 ruling by the East African Court of Justice (EACJ) against the Burundi Press Law of 2013, on the grounds that some sections went against the principles of press freedom. This marked a victory for the Burundi Journalists Union who had petitioned the court over the repressive law. In Kenya, the Security Laws (Amendment) Act was signed into law despite concerns over its expansion of the surveillance capabilities of the Kenyan intelligence and law enforcement agencies.
In Tanzania, the controversial Cybercrimes Act and the Statistics Act were both passed in 2015 notwithstanding protests due to the restrictions they place on advancing transparency and access to information.
Progressive public access developments are also reported such as the Smart Kigali initiative which provides wireless internet service on select public transport buses. The Ministry of ICT in Rwanda also launched the “Stay Safe Online” campaign aimed at promoting awareness on cyber security.
The report also presents some of the violations of internet freedom that were registered in East Africa over the last year.
Knowledge, Attitudes and Perceptions on Internet Freedom
The report found that understanding of what constitutes internet freedom among the region’s citizens is varied. The majority associated internet freedom with the ability to utilise the internet free of unwarranted state regulations or commercial restrictions.
Online safety practice was low with only 48% of the respondents using digital safety and security tools to safeguard themselves online. A lack of awareness of security risks on digital platforms and shortage of skills to secure communications were among the reasons for not actively utilising online safety tools.
The report further found widespread perception among East Africans of government surveillance even where there was limited evidence remain prevalent of actual surveillance. Respondents cited national security, countering terrorism, and combating hate speech as key reasons for government surveillance.
Discussion Echoes Report Findings
Discussions in the 13 sessions at the forum repeatedly pointed out contradictory or non-existent laws to protect users especially in instances where critical content in writing, or creative and performing arts have led to arrests. This in turn has contributed to self-censorship by independent content producers and media.
Further, victims of online violence against women (VAW) do not have any legal structures to ensure their rights are upheld; instead, many are castigated more than the perpetrators of the violence. Limited legal provisions on the vice have thus led to a culture of silence and misinformation which in turn impacts upon reporting of cases to indicate the extent and actual statistics of VAW in African countries.
Discussions at the forum echoed insights gathered in the report, including the friction between control of content which impacts upon freedom of expression and regulation of the internet so as to combat hate speech and terrorism, and to maintain national security and public order.
“Ignorance of the law is not an excuse,” said Irene Kaggwa, Head of Research and Development at the Uganda Communication Commission on the need for responsible use of the internet. Jimmy Haguma, Acting Commissioner with Uganda Police’s Cybercrimes unit, , added that “freedom without control” would contradict certain needs, such as ensuring child online safety and protection from theft and fraud.
The challenges involved with ensuring that the internet is a safe space for genuine interaction were summarised by Facebook’s head of Public Policy for Africa, Ebele Okobi, who noted that “If Facebook were a country, it would be the biggest country in the world.” She added that the global platform faces a challenge of how to apply the laws of every country in which it has users in its policy on online content.
Underpinning all discussions at the forum was the use of social media and the need for users to build their digital security capacities as the online arena increasingly becomes the key avenue for social interaction. However, legislation in many countries has not moved fast enough to ensure the protection of users who fall victim to online abuse and violence.
In his closing remarks, Vincent Bagiire, Chair of the ICT Committee, Parliament of Uganda, emphasised the necessity for further engagement on internet freedom not only by civil society but with a more inclusive multi-stakeholder approach which works towards ensuring a free and open internet. He stated that this responsibility exists first at the national level, “but given the borderless, global nature of the internet”, it is also very much a global issue. “Internet freedom is both a domestic and a foreign policy subject,” he said.
The Forum had representation from 19 countries including Burundi, Cameroon, Democratic Republic of Congo, Ethiopia, Germany, Italy, Kenya, Nigeria, Rwanda, Tanzania, South Africa, South Sudan, Sudan, Somalia, Uganda, United Kingdom, United States of America, Zambia, Zimbabwe
For more details, visit the Forum on Internet Freedom in East Africa 2015 page, See the full programme and the speaker biographies.

02Oct

The Challenge of Tackling Online Violence Against Women in Africa

admin October 2, 2015

By Evelyn Lirri |
The story of a 19-year-old student from Kenya who committed suicide after a man she met through Facebook threatened to publish her nude photos came to the limelight on the heels of the opening day of the Forum on Internet Freedom in East Africa, which took place in Kampala, Uganda.
The forum, organised by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), under the OpenNet Africa Initiative, drew a cross-section of people from Africa and beyond, including human rights defenders, academics, , law enforcement officers, communication regulators, media, and the tech community to debate issues impacting online freedom of expression and cyber security in Africa. The emerging issue of online violence against women (VAW), a growing problem worldwide, was among the key topics discussed.
Panelists at the Forum said cyber violence against women exists in several forms, including stalking, sexual harassment, surveillance, revenge pornography, public shaming and use of images or videos to manipulate individuals. It is particularly carried out through email, social media such as Facebook, Twitter and mobile phone instant messaging platforms like WhatsApp.
Ruth Nsibirano, a gender expert from Makerere University, said it is difficult to quantify the extent of cyber VAW in Africa because of several inhibitions including the culture of silence.
“In many cases when women report this kind of violence, they are blamed for causing it and so they end up keeping quiet instead of speaking out,” explained Dr. Nsibirano. She added that many women were reluctant to report their tormentors because of the fear of reprisal and, in other cases, they did not know where to seek redress.
According to Jan Moolman, a feminist activist with the Association for Progressive Communications (APC) who was on the panel that discussed gender-based online violence, women’s access to the internet and technology remains low, especially in developing countries, leaving the conversation on internet rights to be dominated by men. She noted that in some African countries, online VAW was targeted at public figures, largely because of the nature of their work.
“We need policies and legislation by governments to say this kind of behaviour online is unacceptable. Just like we are responding to violence against women offline, we need to do the same online,” said Ms. Moolman.
Despite the ongoing reports of harassment and intimidation, Ms. Moolman urged more women and girls to join online spaces in order to be part of the conversation against the vice and how to ensure they are safe when they use different online platforms.
Nanjira Sambuli, a research manager with iHub Kenya, said cases of violence against women are usually difficult to prosecute because the evidence is hard to present.
“The cases that come to the limelight are likely a representative of what we don’t hear or see. We need to work towards frameworks that allow people to report anonymously. That way, we shall have a better sense of what is happening,” she said.
Ms. Sambuli highlighted the fact that efforts to combat violence against women have thus far been mainly offline, with fewer strategies put in place to document the harm that happens online and ensure women know where to seek help when they have been violated.
“The internet especially social media platforms are spaces where people are beginning to negotiate and understand what it means to have freedom and what the boundaries are. The internet should be a space where citizens can engage, learn and build a better society,” she added.
Among the possible efforts to curb the vice, Dr. Nsibirano called for increased education of women on the dynamics of the internet through school curriculums. “That way, we shall get more women who will be knowledgeable when these crimes happen,” she said.
Many countries across Africa do not have specific laws under which offenders can be prosecuted. In Uganda, some offenders have been charged under the Anti Pornography Act, 2014, but participants noted that this law was not sufficient to address the problem given that the same law could be used to prosecute the victims.
“Digital evidence is an area that the world is still trying to figure out,” noted Ms. Sambuli. She stressed the need for laws not to aggravate the infringement of victims’ privacy during investigations and prosecution of VAW crimes.

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