Freedom of expression Archives – Page 22 of 25 – Collaboration on International ICT Policy for East and Southern Africa (CIPESA)

27Jan

New Year, Old Habits: Threats to Freedom of Expression Online in Kenya

admin January 27, 2016

By Juliet Nanfuka |
The beginning of 2016 has been marked with a series of arrests and summonses of individuals in Kenya as a result of content shared through social media platforms. Contrary to the constitutional right to freedom of expression, the incidents that relate to up to 10 individuals illustrate the Kenya Government’s continued use of vague legal provisions to stifle online content critical of the state or well-connected business people and high-ranking officials.
On January 22, news broke of an attack by Al-Shabaab militants on the Kenya Defence Forces at the El Adde camp in Somalia. The following day, journalist and blogger Yassin Juma was arrested over updates and pictures posted on social media relating to the attack. Juma was charged under Section 29 of the Kenya Information and Communications (KIC), 2013 for the improper use of a telecommunication system.
Section 29 of KIC on improper use of system states:
A person who by means of a licensed telecommunication system—

(a) sends a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or
(b) sends a message that he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to another person, commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding three months, or to both.

On January 25, nine bloggers were summoned by the Directorate of Criminal Investigations (DCI) for questioning over alleged misuse of a licensed telecommunications system. According to DCI investigation officer John Kariuki, the nine bloggers were under investigations following undisclosed complaints made against them. “We have complaints and that is why we are investigating them. No one is targeting them wrongly,” said Kariuki.
In a statement condemning the arrests and intimidation of Kenyans online, the Bloggers Association of Kenya (BAKE) stated that the events were tantamount to “criminalization of civil matters” with users being arrested on charges that ultimately infringe upon freedom of expression. BAKE’s statement lists the arrest and detentions of the following:

Anthony Njoroge Mburu (alias Waime Mburu) – arrested and charged for allegedly posting false information under Section 66(1) of the Penal code for content posted on Facebook accusing Kiambu Governor William Kabogo of importing substandard eggs. He is also alleged to have posted content intended to cause harm to Charlotte Wangui, who heads Sea Cross Farm in Kwale.
Patrick Safari (alias Modern Corps), a prison warden – arrested for comments on the Al Shabaab attack. He spent a night in jail, and police retained his three phones and laptop after his release.
Judith Akolo, a journalist with the Kenya Broadcasting Corporation (KBC) – summoned for questioning by the DCI for retweeting a post from Patrick Safari (@moderncorps) about a DCI advertisement of jobs within the department which was made public on deadline day (31st December 2015). Her phone was confiscated and her pin code requested. Eddy Reuben Illah – arrested for allegedly sharing images of Kenyan soldiers killed in an Al Shabaab attack on a WhatsApp group called “Youth People’s Union”. He was charged for the “misuse of a licenses telecommunication device”.
Cyprian Nyakundi – arrested after tweeting about a construction company that was linked to Mombasa Governor Hassan Joho, in alleged violation of Section 29 of KIC Act on the “misuse of a licensed telecommunication device”.
Elijah Kinyanjui – arrested for sharing a photo of a governor’s daughter on Whatsapp. He was also charged under Section 29 of KIC Act.

These arrests and summons add to a history of arrests made under laws marked by vague definitions and excessive powers granted to the state. The KIC (Amendment) Act, 2013 does not clearly define what constitutes content that causes “annoyance, inconvenience or needless anxiety to others,” while the Penal Code has no clear definition of a “rumour” or “report which is likely to cause fear and alarm to the public or to disturb the public peace.”
Further, the Security Laws (Amendment) Act, 2014 allows blanket admissibility in court of electronic messages and digital material regardless of whether it is not in its original form. Meanwhile, the Media Council Act, 2013 contains “broad” speech offences further reinforced by the Cybercrime and Computer related Crimes Bill, 2014.
Kenya’s technology sector is one of the fastest growing in Africa. The high internet penetration rate of 74% has bred a wave of citizen journalism which has flourished in the absence of the checks and balances present in traditional media and seeks to place social justice and accountability through ICT at the forefront of the country’s governance.
While these incidents in Kenya are the result of hate speech and rising terrorism fears, they are no doubt placing a chill on freedom of expression for citizens and the media and contributing to self-censorship for the fear of arrest.

07Jan

What Should be on the 2016 Agenda for Internet Freedom in Africa?

admin January 7, 2016

By Juliet Nanfuka |
Towards the end of 2015, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) under the OpenNet Africa initiative convened some of Africa’s leading thought leaders to discuss the various facets of internet freedom in Africa.
The Forum on Internet Freedom in East Africa is one of very few gatherings that assemble an African audience within the continent to discuss matters related to upholding internet freedom. The Forum brought together 200 participants from 18 countries – triple the number of those who attended the inaugural 2014 forum, which hosted 85 participants from six countries. The event drew up a set of actionable recommendations that will inform onward engagements on advancing internet freedom in Africa by CIPESA and its partners, and hopefully for other actors in this space.
Over the course of two days, several issues were discussed, including how to address online violence against women (VAW), whose magnitude and manifestation is not clearly known, as most cases in Africa go unreported.
Another key highlight was the increase in freedom of expression violations for critical media and bloggers especially during periods of electioneering. One way to address this could be through the use of counter speech and transparency in combating hate speech, misinformation and false claims. The media’s role in advancing internet freedom in Africa – both as a vulnerable group but also as infomediaries – was highlighted.
Africa has registered a rise in abuses and attacks on internet freedom, including a proliferation of laws, legal and extralegal affronts, as well as limited judicial oversight over surveillance and interception of communications. Discussions on the balance between national security and its perpetual clash with freedom of expression, access to information and the right to privacy reflected the need to address gaps in existing laws that do not adequately protect citizens from mass surveillance and privacy infringements.
Meanwhile, the appreciation of digital safety tools and practices remains paramount, for citizens, the media, human rights defenders and activists. Thus, the continued need for capacity building and awareness raising efforts on internet freedom was stressed by Forum participants. Closely related to this is the need for localisation exercises between tools developers and end users, given the diverse contexts of African internet users.
Internet freedom could also be supported by the budding community of artists and creatives on the continent, who are currently not adequately involved in discussions around freedom of expression and privacy online.
Read the full Forum Report, which also explores the relationship between internet freedom and online economics, press freedom, online creative expression, access to information, cybercrime and digital safety, from the perspectives of law enforcement, regulators, intermediaries, artists, the media and human rights defenders. On each of these themes, the report discusses the challenges and opportunities and suggests actions to take in order to advance internet freedom in Africa.

18Aug

Tough New Election Reporting Rules for Tanzania’s Bloggers

admin August 18, 2015

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

admin June 16, 2015

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

admin June 15, 2015

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

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

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