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18Aug

Tough New Election Reporting Rules for Tanzania’s Bloggers

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By Wairagala Wakabi |
Tanzania has introduced tough guidelines for broadcasters and online content providers including bloggers, as the country heads to the October 2015 elections at which observers say the ruling party, Chama Cha Mapinduzi (CCM), faces its strongest challenge ever.
Titled ‘The Broadcasting Services (Content) (The Political Party Elections Broadcasts) Code 2015’, the rules were gazetted on June 26, 2015 and affect bloggers, SMS pollsters, and broadcasters in general. Although media owners were provided with copies of the new rules, they claim to have not received an explanation from government on how to use them.
The new rules, poor access to information, and other election-related threats to media freedom, were among the issues in focus at a training organised by CIPESA and the Media Institute of Southern Africa Tanzania (Misa-Tan) in Mwanza, Tanzania. The training conducted on August 10-11, drew 17 journalists from the Geita, Mara, and Mwanza regions and centred on effective media coverage during this year’s elections.
Section 10 of the 2015 code deals with “online content providers”, defined as “any person or entity who develops files of content for the online users or on behalf of others to be made accessible online.” It places burdensome requirements on online content providers “residing within or outside Tanzania territory” who create “content intended for Tanzania mainland using Swahili or any other languages which have large audiences.”
These requirements include registration with the Tanzania Communications Regulatory Authority (TCRA); compliance with Tanzania’s laws and regulations governing the operations of electronic media; and ensuring that information provided in blogs is accurate, fair, factual, and balanced to all parties and independent candidates in the elections.
Furthermore, the rules require online content providers to make efforts to edit interactive discussions likely to hurt the feeling of any person, as well as offensive or blasphemous language that may provoke violence, sedition, or breach of peace. They are also required to “take necessary measures to screen information and reports before posting”, and to provide political parties and private candidates equal opportunities to reply where a report contains inaccurate or unfair criticism based on distorted facts.
Online publishers also have to “take care to ensure the accuracy on publishing election results or public opinion polls” and to adhere to the bloggers’ code of conduct.
However, according to Maxence Mello, publisher of the vibrant online platform Jamii Forums and a promoter of the nascent national bloggers’ association, there is no bloggers’ code in Tanzania. The blogging community is afraid the government could gazette such a code without consulting them, and use it to rein in critical bloggers.
The rules place stringent gate-keeping responsibilities on citizen journalists, including screening information before publishing and providing the right of reply. “How many blogs have accurate information?” ponders Maxence. “It is not easy for blogs to be balanced.”  The new regulations would require blogs to invest in cross-checking information, getting additional sources, and to generally not publish until they have adhered to journalistic principles ordinarily applicable to mainstream media.
“Lengo ni chukua control,” says Maxence in Swahili, describing the new rules as aimed at establishing state control on what bloggers and social media users publish and discuss online.
The election rules have also been criticised for requiring the media to carry political parties’ material in brief and free of commentary. “If a journalist reports only the way politicians have stated an issue, will that help citizens make an informed decision?” asked James Marenga, a lawyer with the Dar es Salaam-based National Organisation for Legal Assistance, and one of the trainers at the Mwanza workshop.
Tanzania goes to the polls this October, with CCM – the longest-ruling party in Africa – facing a stronger opposition headed by erstwhile Prime Minister Dr. Edward Ngoyai Lowassa. Dr. Lowassa defected from the ruling party after failing to clinch its flag-bearer position that was taken by works minister Dr. Pombe Magufuli.
Tanzania’s press freedom record has been on a slide, with arrests of journalists and banning of newspapers reported. The country still has laws dating back to the colonial era – such as the Newspaper Act of 1976 – which it has used to control online publishing. With a 69% telephone penetration rate and 11.3 million internet users, more Tanzanians have taken to the online sphere to express themselves.
Besides the elections reporting code, the country has this year introduced numerous laws that hamper media freedom and the right to freedom of expression. These include a cybercrimes and a statistics law that have been passed, as well as a media services bill and a right to information bill that are pending.
The new elections reporting code thus represents a continuation of the President Jakaya Kikwete Government’s law-making that shrinks civic space and restricts the role of independent media in advancing greater transparency and access to information during a crucial election.
Section 14 of the rules cautions that results from SMS opinion polls shall not be treated as representative scientific results. Should a broadcaster wish to use results from SMS opinion polls, they have to indicate the number of respondents and to provide select representative responses.
Where the SMS poll has less than 1,000 respondents, broadcasters shall inform the audience that it is not scientific and the conclusions are not valid and reliable. The rules bar the publishing of poll findings within 30 days before polling day.
The rules also require content service providers (“licensed persons who provide broadcasting content services under and in accordance with the provisions of laws and licence conditions” issued by TRCA) to ensure “proper use of SMS sent by the public to ensure accuracy, integrity, objectivity and balance.”
Tanzania’s constitution guarantees freedom of expression and right to information. These rights need to be strongly respected if the country in order to have a free and fair election and for democratic governance to flourish. To promote a vibrant media role in reporting the elections, CIPESA is working with Tanzanian partners to train reporters, bloggers, and editors. The next training is scheduled for Dar es Salaam in the last week of August.
 

16Jun

Update on the State of Internet Freedom in Burundi

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By Jean Paul Nkurunziza and Alain Ndikumana |
Following on from the State of Internet Freedoms in Burundi 2014 report published last May, this brief presents an update on Information and Communication Technology (ICT) access, the legal and regulatory policies and practices that affect internet freedoms in the Burundi. It covers the period from March 2014 to May 2015. Notably, Burundi has been rocked by a coup attempt and intermittent public protests against President Pierre Nkurunziza’s plan to contest for a third term in office in apparent defiance of a two terms limit set by the constitution.
During the upheavals in April and May, the country’s communications regulator reportedly directed internet service providers to cut access to social media, and several media houses were pillaged. Meanwhile, the East African Court of Justice declared sections of the country’s media law undemocratic, but it upheld articles on the regulation of print and online media, which have been criticised by journalists and human rights defenders for negating freedom of expression.
Read the full State of Internet Freedoms in Burundi as of June 2015

15Jun

OpenNet Africa Challenge Uncovers Gaps in Digital Safety Tools

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By Ashnah Kalemera |
There are numerous tools which can secure online users’ communications, including through anonymising their identities and enabling them to circumvent online surveillance and censorship. In some cases, developers have gone on to localise such tools to suit various contexts. However, the tools’ relevance to certain populations and how best to improve them for a diverse range of users remains largely unknown.
During May 2015, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) in partnership with tech innovation hub OutBox challenged members of the Ugandan tech community to test five digital safety and security tools in order to gain an understanding, in a local context, of the tools’ strengths, weaknesses and opportunities for localisation. The challenge was in the context of CIPESA’s OpenNet Africa initiative which monitors and promotes internet freedom in east and southern Africa.
The tested tools were Cyrptocat, Mailvelope, Martus, TextSecure and Redphone. The scope of testing included how the tools enabled anonymisation, circumvention, and privacy of communications. The tests had to take into consideration different user communities, including women, bloggers, journalists, human rights defenders, and sexual minorities, and the nature of threats to internet freedom in the East African region.

A team presents to the panel during the OpenNet Africa Tools Testing Challnge
A team presents to the panel during the OpenNet Africa Tools Testing Challnge

These threats are often linked to the fight against terrorism, combating online hate speech, suppressing the views of opposition parties (mainly around election periods), and in crackdowns against particular groups, such as Lesbian, Gay, Bisexual, and Transgender (LGBT) community, critical media and human rights activists. The threats often come in the form of surveillance, blocking of websites and social media sites, and interception of communications.
Three teams participated in the challenge through trial exercises, user consultations and stakeholder interviews. In considering which tools were better suited to promote internet freedoms of the region’s citizens, the teams that conducted the tests also bore in mind the proliferation of technology, internet speeds and literacy levels in the region. Language, multiple device use and aesthetics such as the interface design including colours and icons, were also among the other features for testing.
The teams found a number of shortcomings on some tools, including the lack of protection from key loggers, poor or no consideration for low internet speed users and those with low ICT skills and literacy levels. Some tools were found to have limited cross platform/device operability, while others were not accessible to visually impaired persons.
Select test findings
 

Tool Safety and Security Features Key test finding limitation
Martus Allows for secure collection, transmission and storage of data. It is popularly used by human rights defenders.
  • There is no option for retrieving a lost encryption key

 
Cryptocat This app enables encrypted chat via a browser and mobile phone.
  • Lack of IP address anonymisation
  • There are no administrative privileges in group chats meaning there is free entry and exit of members in the conversations.
Mailvelope This is a browser extension that enables the exchange of encrypted emails
  • Lack of an attachment encryption function
Redphone An Android based mobile app that allows for encrypted voice calls over a Wi-Fi or data connection using a normal phone number.
  •  Unregistering a RedPhone number is not currently supported.
  • Very slow or no synchronisation with contacts that have RedPhone installed, meaning there is no possibility to upgrade calls to encrypted calls even when the user being called is running the RedPhone app.
TextSecure Secure messaging app
  • Recently dropped SMS support
  • Installation requires Google services

 

“Pious, a 25-year old IT student at Makerere said that he is now using Redphone with his girlfriend whenever they feel like phone sex in order to avoid the spying software announced by Fr. Simon Lukodo, Minister of Ethics and Integrity,” Tean Tech4Dev

The teams made recommendations for improvement and localisation, including translation of the tools into local languages, compatibility provisions across social media platforms, and feature phone support.
The teams also proposed numerous cases in which the tools can be used by marginalised and vulnerable user groups in East Africa. They cited youth mobilisation, gender-based violence and other human rights violations reporting, monitoring and victims support, facilitation of opposition groups’ activities, and protection from corporate espionage.
However, the teams also highlighted the potential of the tools promoting hate speech and radicalism in East Africa’s fragile socio-political environment through safeguarding the communications and activities of offenders.
“One of the primary uses of the Internet by terrorists is for the dissemination of propaganda. Through encrypted communications, terrorists can easily spread their propaganda and also plan their activities,” noted Team African Value. The team added that promotion of divisiveness and encouraging violent acts on ethnic grounds has become common on East African online platforms.
The teams also noted the need for increased awareness raising and capacity building among users to promote an understanding of cyber threats and online safety. Among the possible ways to achieve this was through working with academia to develop cyber security curriculums for education institutions.
The findings of the teams were showcased at a pitching event held on June 2, 2015 where a panel of judges determined the team with the best reports and localisation recommendations. The judges were Wilson Abigaba (Internet Society – Uganda Chapter), Richard Lusimbo (Sexual Minorities Uganda), Baldwin Okello (Uganda Telecom) and Neil Blazevic and Mark Kiggundu – both from East and Horn of Africa Human Rights Defenders Project.
The winning team was Tech4Dev, which was followed by Ghost In The Wires then African Values. See more on the event on  Storify

22May

East African Court Declares Sections of Burundi’s Media Law ‘Undemocratic’

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By Wairagala Wakabi |
The East African Court of Justice (EACJ) has ruled that sections of Burundi’s Press Law of 2013 violate democratic principles and should be repealed. However, the court upheld several other clauses, including those related to regulation of print and online media.
Delivered on May 15 at the Arusha, Tanzania-based court, the ruling found two articles (19 & and 20) in contravention of the principles on democracy and accountability in the constitution of the East African Community (EAC), the regional inter-governmental organisation that groups Burundi, Kenya, Rwanda, Tanzania, and Uganda.
Judges said restrictions in Article 19, prohibited the “dissemination of information on the stability of the currency, offensive articles or reports regarding public or private persons, information that may harm the credit of the state and national economy, diplomacy, scientific research and reports of Commissions of Inquiry by the state” and could not stand the test of reasonability, rationality or proportionality.
On Article 20, which requires journalists to disclose confidential sources of information, the judges ruled that other laws could be enacted to deal with state secrets rather than forcing journalists to disclose their confidential sources.
The ruling comes nearly two years after the Burundi Journalists Union (BJU) lodged a petition before the regional court asking judges to order an immediate repeal of 42 articles in the law, which they said were inimical to democracy and freedom of expression.
In the July 2013 petition, the journalists’ union contested Article 29 that makes it a requirement for online publications and news agencies to disclose certain information to the National Communication Council (CNC) or the public prosecutor’s office. This information includes the first edition of the publication, the name, nationality and full address and criminal record of the Director of the publication, the full address of the web host, the languages of publication and the constitution of the web publisher.
However, in their ruling, the judges did not refer to this article and to others which the petitioners said provided “an unduly onerous and restrictive framework for the regulation of the print and web media.”
Other articles which the journalists wanted invalidated relate to the requirement of compulsory accreditation for all journalists, prior censorship regime for films to be directed in Burundi, the right of reply and correction “that is vaguely worded and unduly impedes the media’s right to freedom of expression”,  and the “hefty” fines and penalties specified by the law.
The judges stated that under the articles of the EAC Treaty, “the principles of democracy must of necessity include adherence to press freedom.” They noted that a free press goes hand in hand with the principles of accountability and transparency, two fundamental principles reiterated in the Treaty which partner states have to adhere to.
Moreover, the judges noted that while the EACJ could not superintend the organs of partner states in the ways they enact their laws, “it is an obligation on their part not to enact or sustain laws that completely negate the purpose for which the Treaty was itself enacted.”
The judges further stated that they would direct the Republic of Burundi, “within its internal legal processes, to implement the EACJ judgment.”
In pleadings before the court, the Burundi government argued that since it was preparing for elections in 2015, invalidating the law would jeorpadise its delicate stability.
Burundi is reeling under the effects of political unrest that has seen media freedom take a big hit. President Pierre Nkurunziza’s resolve to contest for a third term in office in defiance of a two terms limit set by the constitution sparked mass protests in the country, during which government banned live reporting from the scenes of the demonstrations.
Broadcasts from three popular radio stations – Radio Isanganiro, Radio Publique Africaine (RPA), and Radio Bonesha – were also suspended beyond the capital Bujumbura.
Last week, amidst a coup attempt, the privately owned RPA was hit by a rocket and reportedly set ablaze by police and pro- ruling party youth. Rema radio and television, said to be allied to the ruling party, was torched by protesters. State-owned radio and TV were forced on and off air and their headquarters was the scene of fierce fighting, as forces jostled for the control of Bujumbura and the channels of mass communication.
There were reports that Whatsapp, twitter and Facebook were cut off to limit their use by protest organisers following orders in writing by the country’s telecommunications regulator, L’Agence de Régulation et de Contrôle des Télécommunications (ARCT), to block certain sites.
Read more about the policies and practices defining the country’s internet freedom in The State of Internet Freedoms in Burundi 2014 report.
Image Credit: East African Court of Justice, Arusha

15May

Building Local Online Content Through The Creative Industries in Africa

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By Juliet Nanfuka |
The creative industry provides a blend of literature, visual, audio, physical and verbal means through which to communicate complex social issues – increasingly complemented by online tools. In particular, the music industry in Africa is driving the digitalisation of content as it aligns itself with global trends.
There are locally developed apps to cater specifically to African content producers and consumers. Websites such as Fezah (Uganda),Mvelani (Malawi), Mkito (Tanzania) – which also offers a short message service option to source music through feature phones – and Spinlet (Finland, Nigeria, South Africa) are providing unique African music platforms through which content can be easily disseminated. These platforms are creating avenues through which African artists can promote, distribute and monetise their content while also reaching a global audience.
However, the economic potential that the music industry has – and by extension, other creative industries – is often overlooked. According to PriceWaterHouse Coopers, Kenya’s music market generated revenues of US$19.8 million in 2012, up from US$16.5 million in 2008, a figure projected to reach US$20.7 million in 2015. The report also indicated that spending on digital music will overtake physical spending in 2015.
In Nigeria, the music market generated revenues of US$51.3 million in 2012 with forecasts indicating further growth to reach US$53.8 million in 2017. The report further estimates spend on digital music content in Nigeria will rise to an estimated 66.6% of digital’s share of total spending on recorded music by 2017, up from 49.0% in 2012.
But a 2015 British Council report on the music sector in East Africa found that “the impact of digitisation on both music-making and distribution is not fully understood nor is it encompassed by statutory law, with most regulations having been passed before the digital revolution.” This impact purportedly spans beyond music, influencing other areas of the creative industry such as photography, visual arts including painting, graphic and digital design, sculpturepaint, dance and even literature.
Accordingly, last May, East African artists and performers convened in Jinja, Uganda for Doadoa, dubbed an “East African Performing Arts Market”, for a three-day event aimed at providing a platform for East African artists to engage with each other as well as to define the path that the creative industry takes in making itself more financially sustainable. Doadoa echoes the  Festival au Désert in Mali and South Africa’s Moshito festivals which also connect artists from across the continent.
Discussions at DoaDoa explored issues of content creation, music production and commercialisation in a sector that is challenged by limited infrastructure, skills, geographic divides, piracy, and fractured protection of intellectual property. As more East Africans have gone online, so has the amount of content generated for both general and commercial consumption yet it accounts for just a small fraction of the global content available online.
Despite the increased amount of online content produced, there remain few laws applicable to the creative industry and for those in existence, there is limited enforcement. An ArtWatch Africa 2013 report on Monitoring Freedom of Creative Expression noted the limited priority and commitment that African national constitutions have for guaranteeing  freedom of creative expression or cultural rights. As such, there have been reports of abuse and infringements on artists’ rights when their work challenged political, religious and social norms.
For instance, in September 2014, South African artist Brett Baily struck a nerve when his piece, Exhibit B, on exhibition in London challenged racism. Fellow South African activist and photographer Zanele Muholi has also received criticism for her work depicting the brutality that black lesbians face in the hands of their communities. In 2012, a Ugandan play titled “State of the Nation” was cancelled by the Media Council because of its subject matter of corruption and poor governance, while in 2013, Daniel Cecil, a British theatre producer, was deported from Uganda following work on a play that had a gay character.
However, despite the emergence of bills applicable to the creative industry such as Kenya’s National Design Bill 2015 or the East African Community Creative and Cultural Industries Bill, 2014, there remains little explicit mention in the bill of online media as a tool increasingly used in the creation and dissemination of artistic and cultural content. Similarly, there are no legal mechanisms to protect and promote a regional online creative economy.  Kenya however has released their National Design Bill which established the Institute of Designers Kenya. It however limits creative expression to members of the (IDK) thus posing a challenge to creatives without the means to pay the registration fees for membership with the institute. It also makes limited mention of online design content.
As creative content has become pivotal in the digital economy, the need to protect it as a form of expression  is key to its sustainability both online and offline. Creating symbiotic relationships between the artistic community across the continent, online advocacy groups and human rights defenders in pursuit of more locally driven and cohesive advocacy on social issues such as freedom of expression, privacy, data protection and surveillance is key.
Image: Bwette Photography

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