Hanging in the Balance: Online and Offline Freedom of the Press in Guinea

By Simone Toussi |

Guinea’s media landscape boasts over 70 media outlets including streaming media, radio, television and print media. Yet still, the country does not score highly on international press freedom indices – it is ranked 107 out of 180 countries in the 2019 World Press Freedom Index. Nonetheless, the country’s growing internet penetration from 0.4% in 2010 to 33% in 2018 is favourable for the free flow of information through online spaces such as blogs and social networks.

Given the rapid growth of Internet users – from 42,000 users in 2010 to four million users in 2019  – the internet is fast becoming a  primary mode of accessing information for many people in the country. However, the government’s high-handed controls over traditional media are extending into the online sphere, evidenced by a series of arbitrary arrests and detentions, coupled with the persecution and judicial harassment of journalists and bloggers.

 A continuing persecution of journalists and the press outlets

In August 2019, the Guinean government placed two journalists, Lynx FM talk show host Souleymane Diallo and Lynx FM CEO and journalist Boubacar Alghassimou Diallo, under judicial control. The two were accused of “complicity in disseminating data likely to disturb public safety”. The allegations stem from an interactive radio show, during which an auditor accused a Guinean official of embezzling military bonuses related to a mission in Northern Mali. Under judicial control, the two journalists are prohibited from travelling outside of Guinea’s capital Conakry without authorisation from a judge. They are also not allowed to host the radio show in question until further notice, and are required to  appear in court three times per week. In the same month,, several press associations demonstrated against the state- led suffocation of the media.

Earlier in March 2019, Lansana Camara, a journalist with conackrylive.info, was summoned for “defamation by the press” after a complaint by the Ministry of Foreign Affairs and elements in the Guinean diaspora. Camara was placed in custody for a week on allegations of publishing an article undermining the Guinean government. The article (deleted following his arrest) reported an alleged diversion of two billion Guinean Francs (GNF), equivalent to USD 215,700, that had been budgeted for fuel for the Guinean Department of Foreign Affairs.

Martine Condé, the President of the High Authority of Communication (HAC) –  the national independent media observer and regulator constituted under  Law N° L/2010/002/CNT/ of June 22, 2010 – denounced Camara’s incarceration as a flagrant violation of the law on freedom of the press. A similar press freedom reprimand was issued by the Guinean Association of Online Press (AGUIPEL) back in June 2018 after the arrest and detention of Mamadou Saliou Diallo, founder of Nouveleteeguinee.com, on accusations of “defamation and slander” following a complaint by Cheick Sako, the Minister of Justice.

But the HAC does not always appear to act in the interests of media freedom. In 2017, the HAC took a decision to suspend a private radio station, Espace FM, for seven days, accusing it of disseminating “information likely to undermine the security of the nation, the morale of the armed forces and public order”. HAC’s decision was pursuant to articles 39 and 40 of Law N° L/2010/002/CNT/ of June 22, 2010 on freedom of the press which states: “The High Authority of Communication exercises a right of general control over public, private and community media […]. When the provisions of the law on communication are not respected, [it] can take the following measures: warning, notice of default, suspension, permanent withdrawal.” The same year, a dozen journalists were assaulted by law enforcement officers, with reports of destruction of equipment and torture.

Previously in 2016, the Guinean press was shaken by the assassination of El Hadj Mohamed Diallo, a journalist for the news website Guinee7.com, during a political rally of Guinea’s main opposition party, the Union of Democratic Forces of Guinea (UFDG). To-date, the case remains unsolved, despite  investigations.

 An inadequate and flouted legislative framework

The Guinean Constitution guarantees  the right to freedom of expression, opinion, belief and thought, as well as freedom of the press as being inviolable, inalienable and imprescriptible. It also guarantees the right of access to public information. According to Article 7, everyone is free “to express, to manifest, to disseminate their ideas and opinions by speech, writing and image, […] to educate and inform themselves from sources that are accessible to all. Freedom of the press is guaranteed and protected. The creation of a press or media outlet for political, economic, social, cultural, sporting, recreational or scientific information is free. The right of access to public information is guaranteed to the citizen.”

However, there are a number of laws and policies that undermine the rights and freedoms guaranteed under the Constitution.

The Organic Law N ° 002/22/06/2010 on the Freedom of the Press enacted in 2010, sets the conditions for press freedom and the creation of a free and independent media in Guinea. Article 1 explicitly guarantees the freedom of “the written press, the online press, publishing, printing, bookstore, audiovisual, photography, cinema and all other forms of communication”. Offenses by the press or by any other means of communication are outlined under Articles 98-122. The only penalties provided for under the law, upon conviction, are the payment of a fine (the maximum being 20 million GNF, equivalent to USD 2,200), and the suspension or withdrawal of a media outlets’ license, with possibility of appeal before the Supreme Court.

There are no provisions for possible imprisonment of journalists. For instance, the law states that, “defamation, by one of the means set out in Article 98, against the courts, the military and paramilitary bodies, the constituted bodies and the public administrations, is punishable by a fine between 1,000,000 GNF and 5,000,000 GNF (USD 108-540).”

However, the press law and Penal Code (1998) conflict with each other on some  press offences. Article 99 of the press law states that incitement to theft, murder, looting and offenses against the security of the state, with incitement followed by effect, is an offence and “perpetrators are punished as accomplices” in accordance with Articles 271 and 273 of the Penal Code.  Article 271 of the Penal Code provides for prison sentences of between 10-20 years while Article 273 provides for penalties of imprisonment of 16 days to six months, a fine of 50,000 to 100,000 GNF ( (USD 5.5 to USD 10.9) or both. Notably, neither the press law nor the Penal Code are cited during the prosecution of journalists and bloggers. Instead, authorities rely on the cyber security law.

Law No. 037 on cyber security and the protection of personal data was adopted in July 2016, “to define the rules and mechanisms to fight against cybercrime in Guinea and thus create a favourable, conducive and secure environment in cyber space”. However, it is criticised as a threat to democracy and the digital rights of Guinean citizens because it legitimises online censorship and appears to criminalise whistle-blowing. Indeed, it is this law, and not the press law, which is currently being used to persecute journalists. According to Mohamed Traoré, former president of the Guinean Bar Association, the cyber security law is “unenforceable” because it has not been registered and published in the Official Gazette.

Meanwhile, the Bill on Access to Public Information was approved at the Council of Ministers on July 26, 2019, but there has been no further action on it since then. The lack of an access to information framework negatively impacts journalism, and transparency and accountability in governance. Passing the bill into law would facilitate reliable sources of information for investigative reporting, as well as research, and enhance civic participation.

 Which way for a free press in Guinea?

Guinea’s press law reflects the political will to ensure a free, independent and pluralistic media in the country. Further, growing internet penetration has facilitated media diversity. However, persisting acts of repression and intimidation of journalists and bloggers are in total disregard of the Freedom of the Press Act which decriminalises press crimes, and online critics remain exposed to harsh penalties emanating from the cyber security law. In addition, the current inadequacy of the supporting legal framework, and stagnation of the bill on public access to information, limit media’s contribution to democratic governance. For a conducive freedom of expression environment to thrive in Guinea, it is imperative for the government to adopt an adequate legal framework and ensure its enforcement at all levels.

An Enabling Environment for Inclusive Digital Transformation

FIFAfrica19 |
The digital economy, including cross-border services, digital trade, and electronic commerce (eCommerce), contributes to democratic and economic development by expanding market access for local businesses, promoting inclusive trade, creating jobs, and expanding tax revenue for governments to provide essential services. As the scope of digital innovation expands around the continent, so must national and regional priorities and policies align to facilitate greater competitiveness, inclusiveness all while respecting online freedoms and digital rights.
This panel discussion will feature key insights on priority policies and initiatives gleaned from the FIFAfrica pre-event hosted by the Center for International Private Enterprise (CIPE). On September 24, CIPE will host a policy roundtable with public, private, and civil society stakeholders from across the continent to discuss regional opportunities for inclusive economic and entrepreneurial development in an increasingly digital future. Topics from the policy roundtable include: data flows and privacy, eCommerce and eTrade, e-payments and financial inclusion, and the future of entrepreneurship.
Following FIFAfrica, proposed initiatives and policies identified in the policy roundtable discussions and in this panel will be shared with the digital rights community and the public.
Moderator: Louisa Tomar, Global Program Officer, CIPE
Panelists

  • Peter Mwencha | Africa eTrade Group, Kenya
  • Representative | CIPESA
  • Grace Githaiga | KICTANet, Kenya
  • Representative | MINT, Ethiopia

 
Follow the conversation using #FIFAfrica19 and #InternetFreedomAfrica.

DataCon Africa

DataCon Africa, established as a spin-off event of CDAO (Chief Data & Analytics Officer) will see international and local industry experts from various industries discuss challenges within data governance such as data remediation, enrichment, breaking down the silos, data security and more. Culture Change and Change Management is becoming of utmost importance as organisations are looking to become data-driven before they are left behind and DataCon Africa will host workshops on these subjects.
For more information on this event, please click here.

MFWA to Co-Host Africa’s Biggest Internet Freedom Event

Announcement |

From September 26 to 28, 2018, the Media Foundation for West Africa (MFWA) will co-host Africa’s biggest Internet freedom forum in Accra, Ghana.  The annual convening, which is dubbed Forum on Internet Freedom in Africa (FIFAfrica) brings together key stakeholders in the Internet governance and online/digital rights environment from the continent and beyond.

The MFWA will be hosting the forum jointly with the Uganda-based organization, Collaboration for International ICT Policy in East and Southern Africa (CIPESA). The forum is convened annually by CIPESA to deliberate on developments, challenges, opportunities and ways of improving the Internet ecosystem in Africa.  Participants also adopt strategies aimed at enhancing citizens’ digital or internet rights on the continent.

This is the first time the FIFAfrica event is being held in West Africa. Last year’s event was held in South Africa while the maiden event in 2014 and subsequent editions were held in Uganda.

The internet has become a vital tool for enhancing freedom of expression, access to information and citizens’ participation in national discourse and governance. At the same time, it is the target of hostile policies and practices by some governments. It is thus important for all stakeholders to dialogue on how to preserve the internet for development.

“The MFWA is delighted to co-host this important continental forum on Internet freedom. There couldn’t have been a better time to host this event in West Africa as the region is currently witnessing significant developments and challenges in the internet environment,” said Sulemana Braimah, Executive Director of the MFWA.

Online freedom of expression has come under attack in recent years in Africa. Over the past one year, countries such as Kenya, Uganda and Tanzania have passed laws to restrict internet freedom.  There have also been network disruptions and shutdowns in about seven African countries over the same period. Besides, there have been increasing incidents of arrest and detentions of citizens, bloggers and journalists for their social media activities.

The FIFAfrica event will also coincide with the International Day for Universal Access to Information (IDUAI), which is observed on September 28 each year. The day has been set aside by the UNESCO to mark the importance of universal public access to information and protection of fundamental freedoms.

The FIFAfrica event is scheduled to take place at the La-Palm Royal Beach Hotel in Accra, and is expected to host about 300 participants from dozens of countries in Africa and around the world.

You can learn more about the event by visiting the event website at:  https://cipesa.org/fifafrica/ or follow the #FIFAfrica18.

For further information or inquiries, kindly contact Felicia Anthonio on felicia@mfwa.org or +233 206 972 867.

This statement was originally published on mfwa.org on July 4, 2018 and Africafex.org.

The Internet Shutdown In Ethiopia Costs The Country Approximately $500,000 A Day In Lost GDP


By Tefo Mohapi |
In October 2016, Ethiopia declared a state of emergency which saw it impose certain measures that included telecommunications, media and Internet shutdowns along with travel restrictions on diplomats and a dusk-to-dawn curfew, to name a few of the measures implemented. The state of emergency, effective from 08 October 2016, comes as a result of about five hundred people being killed in protests in the Oromiya region surrounding the capital Addis Ababa and other parts of Ethiopia since 2015. This is, as reported, after anger over a development scheme for the capital sparked broader anti-government demonstrations over politics and human rights abuses.
Ethiopia is not new to Internet shutdowns with another Internet shutdown taking place as recently as July 2016 with the government stating that it took this drastic measure to prevent leakages during the national exams.
Internet Shutdowns Across Africa
At the recently held Forum for Internet Freedom in Africa 2016 in Kampala, Uganda a panel on the opening day discussed “Internet Shutdowns and Internet Rights” and asked the pertinent question – “Where do we draw the line?

Internet Shutdowns CIPESA FIFAfrica16
Panel on “Internet Shutdowns and Internet Rights” featuring Ephraim Kenyanito, Yosr Jouini, Arthur Gwagwa, Arsene Tungali and Wisdom Donko.

In 2016 alone, the panel noted, Africa has experienced Internet shutdowns or social media bans in several countries including Zimbabwe, Uganda as well as Ethiopia. Notably, these shutdowns or bans typically revolved around political unrest or elections.
Furthermore, as noted during the discussion, Internet shutdowns can cost a country’s economy quite a substantial amount of money with the 2016 Uganda Internet shutdowns rumored to have cost the country $26 million considering it also involved the shutdown of mobile money services for several days around the 2016 Ugandan Presidential election period.

  • But what exactly is an Internet shutdown?
  • What role do telcos play during an Internet shutdown?
  • Are we perhaps overstating the severity of Internet shutdowns considering low Internet penetration rates?

$500,000 A Day
Technically speaking, and as witnessed across different countries in Africa and as discussed on the panel, an Internet shutdown usually involves a government’s ministry typically issuing a letter or instruction to the telcos and mobile service providers operating in that country requesting they cut off Internet access completely (or specific services) to their customers.
In Ethiopia, it is even easier for the government to effect an Internet shutdown as the East African country has only one telecommunications company, Ethio Telecom, which is also state-owned and the only provider of Internet access in the country. This further raises the question of who should be entrusted with provision open and unfettered Internet access to citizens. That’s just the tip of the proverbial iceberg, as Internet shutdowns come with a cost to a country’s economy. Continuing with Ethiopia as a case study, is perhaps the impact and cost of the Internet shutdown exaggerated given that the country only has an Internet penetration rate of 2,9% (as per 2015 Freedom House Report)?

Ethiopia Freedom House 2015
Ethiopia Feedom of the Net 2015 Report

A recent report released on 27 October 2016 by the Global Network Initiative along with Deloitte suggests that the current ongoing Internet shutdown in Ethiopia is costing the country approximately $500,000 a day. The report explains that, in dollar terms, it is estimated that for the average highly-connected country, the per-day impact of a complete Internet shutdown would amount to US$23.6 million per 10 million people. For the average country with medium and low levels of connectivity, the estimated GDP impact amounts to US$6.6 million and US$0.6 million per 10 million people, respectively.

“This analysis suggests that the ongoing Internet shutdown in Ethiopia, a low-connectivity country with a population of 94 million and a per capita GDP of US$505, is costing its economy just under half-a-million US dollars a day in lost GDP. “The economic impact of disruptions to Internet connectivity 2016 Report

The report sheds light on the impact on Internet shutdowns and illustrates that irrespective of low Internet penetration rates in country’s like Ethiopia, the impact is still quite high given how the Internet is used in various economic activities.
Furthermore, it is encouraging to hear the United Nations Human Rights Committee condemn Internet shutdowns in their recent resolution.
The United Nations Human Rights Council stated that it condemns unequivocally measures to intentionally prevent or disrupt access to or dissemination of information online in violation of international human rights law.” Specifically calling on all States to “refrain from and cease such measures.”
This article was first published at iafrikan on October 28, 2016.