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01Mar

Balancing Freedom of Expression And Privacy

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Striking a balance between freedom of expression and privacy on the internet was the focus of a panel discussion at a review of one decade after the World Summit of the Information Society (WSIS). The WSIS+10 Review meeting took place at the UNESCO headquarters in Paris, France, February 25-27, 2013.
What convergences and tensions exist between freedom of expression and privacy online? What are the implications of approaching the balance between free expression and privacy from a freedom of expression–centric point of view? What actions can governments, civil society, media and the private sector take to balance privacy with freedom of expression online? And what is the best way to empower users? These are some of the questions addressed at the session on ‘Promoting of Freedom of Expression and Privacy Online’. CIPESA’s Lillian Nalwoga was the remote moderator for the session.
The session built on earlier discussions held at the 7th Internet Governance Forum (IGF) in Baku, Azerbaijan on promoting both freedom of expression and privacy on the internet. It also drew from the Global Survey of Internet Privacy and Freedom of Expression – a UNESCO 2012 publication – which highlights a diverse international regulatory landscape, and the challenges posed by discrepancies in laws pertaining to the online and off-line spheres, and between national and international jurisdictions.
During the session, Pranesh Prakash from the India-based Center for Internet Society stressed the need for more relaxed regulations to govern the conduct of the private sector. He noted that “one must give the private sector enough leeway to safeguard them from responsibility for users’ actions and the requirement of taking down reasonable speech.” However, he added that the commercial sector has divergent interests and they do not necessarily align with public interests.
According to him, differing public and private sector interests coupled with unenforceability of self-regulation mechanisms and the jurisdictional issues of the internet mean that the conflict between freedom of expression and privacy cannot be easily resolved through public policy options that are only aimed at the private sector.
Patrick Ryan, a Policy Counsel from Google who was also a panelist, argued that the move to the “cloud” brings with it both enhanced privacy and security benefits, while at the same time putting data  potentially at risk. Noting that government surveillance remained one of the biggest threats to privacy, he stressed that the private sector needs to share more information on government take down requests that violate individuals’ privacy and free speech.
Meanwhile, William Dutton, a professor of Internet Studies at Oxford Internet Institute, stressed the importance of recognising the power of the internet in empowering networked individuals and enabling freedom of expression, like never before. He cautioned that if nations do not approach the issue of striking a balance between freedom of expression and privacy appropriately, some of the key benefits of the internet may be lost. He noted that whilst some nations have taken progressive steps, many others are moving in the wrong direction and various global policy choices are increasingly restricting freedom of expression.
Indeed, this has been illustrated by worldwide trends towards more content filtering and censorship. Dutton said adopting inappropriate models for internet governance and regulation, such as disproportionate levels of surveillance in the name of security, reliance on intermediaries to regulate content, and assertion of national sovereignty and jurisdiction in the online world are threatening privacy and freedom of expression.
Key recommendations from this session were: avoiding a moral panic over privacy; creating widespread awareness of issues concerning privacy and data protection among users especially the young generation; updating policy and regulatory frameworks that address freedom of expression and privacy online; and having a clear definition on national security interests.
For more information, please visit – https://www.unesco-ci.org/cmscore/events
Promoting of Freedom of Expression and Privacy Online
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14Jan

Monitoring Internet Openness in Africa

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With internet usage continuing to spread across Africa, there are numerous purposes to which African users are putting the internet – from mobile banking, to connecting with fellow citizens and with leaders, tracking corruption and poor service delivery, innovating for social good, and just about everything else.
The increasing usage of the internet, however, has in some countries attracted the attention of authorities, who are eager to provide caveats on the openness of the internet and the range of freedoms which citizens enjoy online. The popularity of social media, the Wikileaks diplomatic cables saga and the Arab Spring uprisings have led many governments including those in Africa to recognise the power of online media.
The year 2012 saw a number of African states put curbs on Internet Rights, in what portends tougher times ahead for cyber security. According to the Freedom on the Net 2012 report published by Freedom House, both physical and technical mechanisms of filtering, monitoring or otherwise obstructing free speech online have been employed by states concerned with the power of internet-based technologies.
In its study, Freedom House covered developments in internet freedom in 47 countries around the world.  Based on an examination of obstacles to access, limits to content, and violation of user rights on the internet, countries were scored as ‘Free’, Partly Free’ or ‘Not Free’. The study found that in Sub Saharan Africa, Ethiopia was the only country to implement nationwide internet filtering. Meanwhile, South Africa and Kenya were reported as the most free. The former was credited for its high internet usage compared to other countries at the same level of development and the latter for its “growing diversity in content and fewer cases of arrest or censorship than in previous years.”
Ethiopia was reported as using paid pro-government commentators to manipulate internet discussions. There were also crackdowns and prosecutions of online,journalists as well a law that since 2002 prohibits the use of VoIP (Voice Over Internet Protocol). In Zimbabwe, regime critics were said to often be faced with politically motivated cyber attacks.
Even Kenya, all its ICT sector positives notwithstanding, was reported as one of the governments seeking “less visible means” to control internet freedoms. The Country’s communications regulatory is reportedly setting up a surveillance system to monitor email communications due to cyber security threats. Pending legislation in South Africa, which requires telecommunications service providers to broaden their surveillance obligations, was also noted as having the potential to mass monitor communications.
Despite having relatively low restrictions on internet usage, Rwanda was reported as a ”country at risk” in 2013 owing to its “strict” controls over traditional media which are feared may extend to digital media.
Freedom House ranked Nigeria, Uganda, and Zimbabwe as ‘Partly Free’.
In 2013 through to 2014, CIPESA will be undertaking a project to monitor and promote internet freedoms in Ethiopia, Kenya, Rwanda, South Africa and Uganda. We shall be reporting on legal regimes on internet openness or the lack of it, censorship incidents and African initiatives that are promoting internet rights, among others.
Read more about CIPESA’s Internet Governance and Online Freedoms work.

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