By Juliet Nanfuka |
The United Nations Educational, Scientific and Cultural Organisation (UNESCO) in March 2015 published a draft study on internet-related issues that have the potential to advance online inclusivity. The study, titled ‘Keystones to Foster Inclusive Knowledge Societies’, explores how access to information and knowledge, freedom of expression, ethics and privacy are shaping use of the internet.
According to the study, balanced access to information and knowledge is hampered by filters on content, gender inequality, and limited access to technical tools and infrastructure required to obtain such information.
Meanwhile, freedom of expression globally is hindered by content filtering, regulation and in some instances severe criminalisation of online expression. Closely related to restrictions on online expression was the limited respect for the rights to privacy and data protection as fundamental online rights. The ethics of the internet, including ways through which it can be used to advance respect for cultural and other diversities, were also interrogated in the study.
The report calls for increased media and information literacy; balancing policies and practices on the conflict between freedom of expression and privacy; and reconciling global frameworks for addressing extra-territorial impacts of national censorship.
The study was based upon the crosscutting themes of UNESCO’s ROAM concept which incorporates a Rights based, Open Internet, which is Accessible to all and encompasses Multi-stakeholder participation.
The findings were discussed by representatives from civil society, academia, governments, the private sector, the technical community and inter-governmental entities at a meeting hosted at the UNESCO headquarters in Paris.
Speaking at the meeting, Alexandrine Pirlot de Corbion, Advocacy Officer at Privacy International, said the right to anonymity should be prioritised. This sentiment was echoed at the African Internet Rights Meeting which also took place in March in Accra, Ghana where anonymity was raised as an important right to promote citizen participation, transparency, access to information and freedom of expression.
In East Africa, recent developments reflect mixed attitudes on online rights. Some clauses that curtail free press in Burundi have recently been invalidated, while Uganda is currently reviewing stakeholder input to a Data Protection and Privacy Bill. Rwanda, often accused of suppressing free expression, is reported as having the most affordable internet in the developing world, according to the Alliance for Affordable Internet.
Tanzania has recently presented to Parliament an Access of Information Bill and a Media Services Bill, and enacted a Cyber Crimes Act, criticised for negating freedom of expression and privacy, and giving excessive powers to law enforcement agencies.
Kenya has in recent months been plagued with reports of putting a chill on freedom of expression online. Particular focus has been on the Security Laws (Amendment) Act, 2014, which provides for surveillance and interception of communications by intelligence forces with limited judicial oversight. The law was enacted as a means of combating terrorism in the country. Ironically, in 2014, Freedom House listed Kenya as one of only two African countries with internet and digital media freedom.
Indeed, as pointed out by Ayman Mhanna, Executive Director at the SKeyes Center for Media and Cultural Freedom during the March discussion of the UNESCO report, surveillance has been given legitimacy in regions of conflict and has also contributed to censorship of the media. He cited Lebanon where bloggers have faced punitive actions for comments posted online about public officials. The Middle Eastern country relies on a print media law dating back to 1962 – similar to Tanzania where outdated laws such as the Newspaper Act of 1976 are used to prosecute internet users including the media.
“There is need for more efforts to instill trust in privacy, security, and the authenticity of information and knowledge accessible online, and to protect the safety and dignity of journalists, social media users, and those imparting information and opinion in the online world,” states the UNESCO report.
The launch of the UNESCO study comes at a time when many countries across the world are still trying to address development challenges such as access to clean water, education and health. In many cases, ICT access has not received as much financial investment or political will to effectively drive its use particularly as a tool for good governance.
The study further encourages ethical reflection, research and public dialogue on the implications of new and emerging technologies and their potential social impacts by all governments particularly those in the developing world. Also at the Paris meeting, Anriette Esterhuysen, Executive Director of the Association for Progressive Communications (APC), called for inclusion of more civil society voices in internet governance processes to maintain a fair representation of the diversity of internet users globally.
With a series of other recommendations made in the Paris meeting outcome document, the extent to which they shall shape the internet policy debate will be the ultimate measure of success for this study.
Responses to the study will be consolidated into a report to be presented at the General Conference in November 2015. Addition information can be found here
ICT4Democracy in East Africa Network Activities Update
By Juliet N. Nanfuka
The network of seven partners (profiles) unified under the ICT4Democracy in East Africa initiative have since 2011 jointly worked to enhance the capacity of citizens and governments in using ICTs to promote human rights, good governance and citizen participation.
Between January and June 2014, the partners each undertook activities that aimed to support the inclusivity of citizens in transparency,
accountability and service delivery monitoring through the use of Information and Communication Technologies (ICTs) in Kenya, Tanzania and Uganda. These activities are increasing citizens’ participation in decision-making processes and strengthening democracy in the region.
The partners have each created unique approaches to encouraging citizen participation through mobile short message services (SMS), FM radio, social media such as Facebook and Twitter, crowd-mapping platforms and a toll free call centre. Research has also been conducted by some partners on the knowledge and perceptions associated with ICT use and the flow of information between and among citizens and government.
As part of the projects, partners have pursued direct community engagement with grassroots based organisations, local governments, media, policy makers, voluntary social accountability committees (VSACs), academia, the tech community, and civil society organisations in the use and promotion of ICTs in governance.
In brief, some of the activities pursued by the partners include the below:
- In Western Uganda the Toro Development Network (ToroDev) has engaged with various stakeholders and also utilised radio and social media to inform and encourage participation in service delivery monitoring and accountability.
- The Kenya Human Rights Commission (KHRC) tapped into its existing community of Human Rights Networks (HURINETS) to advocate for open governance, and the right to information.
- iHub Research is conducting research into the flow of information between citizens and government through ICT tools in a bid to understand whether the interaction supports service delivery, access to information, and combating corruptions – and how these interactions can be improved upon.
- The Collaboration on International ICT Policy in East and Southern Africa (CIPESA) has combined research, capacity building and advocacy on the roles that citizens, media and public officials can play in the pursuit of good governance.
- The Ugandan Chapter of Transparency International is supporting communities in northern Uganda to report and act on shortcomings in the public health services delivery. This has been accomplished through provision of a toll free line, social media campaigns and working with Voluntary Accountability Committees (VACs).
- Women of Uganda Network (WOUGNET) is working with Community Based Organisations (CBOs) and Voluntary Social Accountability Committees (VSACs) to empower women in the use of ICTs that can enable them to play a part in service delivery monitoring in northern Uganda.
- In Tanzania, the Commission for Human Rights and Good Governance (CHRAGG) is educating citizens on human rights and empowering them to use their phones to report human rights violations.
For more details, please see the full activity report of ICT4Democracy in East Africa network between January and June 2014.
CIPESA is the ICT4Decmoracy in East Africa Regional Coordinator
Uganda: When National Security Trumps Citizens’ Internet Freedoms
The Ugandan telecommunications sector was liberalised in 1998, resulting in an influx of service providers – there are currently four major mobile telecom operators and more than 30 Internet Service Providers (ISPs). The establishment of a Uganda Internet Exchange Point (UIXP) allows for local internet traffic routing, increased speeds and lower costs. The regulatory body reports a teledensity of 52 phones per 100 inhabitants and an internet penetration rate of 20%.
Ugandans have embraced social media as an alternative means of communication with their peers as well as for engaging with government. This is seen in the increase in the popularity of social networking sites such as Facebook, Twitter, LinkedIn, Youtube and Blogspot, which are ranked among the top 10 most visited websites in Uganda. As such the government has developed social media guidelines to aid its ministries, agencies and departments in communicating and engaging with citizens online.
However, as the telecommunications sector grows, so have the number of laws passed to regulate it. Some of these laws have drawn criticism from internet actors both locally and internationally due to their severity, infringement on human rights and contradictions with other existing legislation, including the constitution.
“No person shall be subjected to interference with the privacy of that person’s home, correspondence, communication or other property.”
Article 27 (2) of Ugandan Constitution
The use of ICTs in Uganda is threatened by the very laws that are meant to both protect citizens and ensure their rights. The Regulation of Interception of Communications Act, 2010, the Anti-Terrorism Act No.14 of 2002, the Anti-Pornography Act of 2014 and the Anti-Homosexuality Act of 2014 have undercurrents of surveillance, content filtering, and monitoring.
Although these laws are guised under provisions aimed to protect national security or fight cybercrime, in effect they may serve to silence voices critical to the state. Ultimately, these provisions are resulting in self-censorship by both ordinary online users and the media.
Provisions in the Electronic Transactions Act of 2011 limit the liability of ISPs for users’ content and do not require them to monitor stored or transmitted data including for unlawful activity. However, other laws place ISPs at a cross roads of service provision and protection of subscriber information. They are required to lawfully release users’ data to state agencies for purposes such as fighting terrorism and cybercrime. Moreover, the Anti-Pornography Act (2014) requires them to monitor, filter and block content of a pornographic nature.
In the absence of a data protection and privacy law, just like other countries in East Africa (State of Internet Freedom in East Africa), users’ data is vulnerable to mishandling and abuse by the state and ISPs. These vulnerabilities are also transferred to the offline world where freedom of expression and assembly have not been spared as seen in the limiting provisions under the Public Order Management Act, 2013.
It should be noted that the Ugandan government recently announced plans to draft a Data Protection and Privacy Bill. This is a positive step toward the protection of personal information and its use by the government and the private sector.
Read more in the 2014 Internet Freedom in Uganda Report prepared by CIPESA under the OpenNet Africa initiative. The report provides a status of the legislative environment and threats to internet freedoms in the country.
Towards an African Declaration on Internet Rights
As internet usage continues to grow in Africa, so does the interest by governments to monitor users’ online activities. This has led to a clash between internet rights promoters and governments in some African countries.
On February 12–13, 2014, participants from several African civil society organisations involved in promoting human rights and internet rights convened in Johannesburg, South Africa to draft an African Declaration on Internet Rights and Freedoms. The meeting was organised by the Association for Progressive Communications (APC) and Global Partners Digital in collaboration with the Media Rights Agenda, Media Foundation for West Africa and the Kenya Human Rights Commission.
Many countries justify their tough stance on internet freedom as necessary to fight cybercrime, promote peace and maintain national security. Whereas some of these policies and practices have been adopted by authoritarian regimes to retain power, others were in response to national crisis contexts such as hate speech and terrorism. Ultimately, the measures have often had chilling effects on access to information, freedom of expression, privacy and data protection.
Participants in this meeting called for the promotion of an open, free and accessible internet. Issues identified as the most crucial and still hindering internet growth in Africa that need immediate action were: improving access to internet including the development and promotion of localised multi-lingual content; addressing internet infrastructure obstacles; capacity building for users; and the need to create a balance between freedom of expression and privacy of users.
Others identified were data protection, addressing gender inequalities and gender-based violence against women online, and adopting supportive ICT policies that promote freedom of expression online and equitable access to information.
Due to increased internet freedom violation incidents coupled with regressive policies being made in many countries, the need for a well-defined Internet Intermediary Liability (ILL) regime has also become increasingly apparent. Another meeting held on February 10-11, 2014 organised by the APC with support from Google Africa discussed the responsibility that may be placed on intermediaries in implementing monitoring and control mechanisms laid down by the laws.
At the regional level, there are legal and regulatory frameworks like the Africa Charter on Declaration of Principles on Freedom of Expression in Africa, which provide limited protection for internet rights and the liability of internet intermediaries. It was noted that such frameworks could act as building blocks for individual countries to draw up best practices on ILL regimes.
There was consensus that such existing frameworks should be the basis for adopting a general guide with definitions of terms on Internet intermediary liability. This guide would act as central referencing document on which individual countries would base their national IIL regimes.
During the discussions, participants charted their thoughts on a best practice guide for an IIL regime for Africa by asking the below questions:
While responding to these questions, participants recognised that intermediaries can play a crucial role in promoting Internet freedoms in Africa.
Meanwhile, the meeting also reviewed recent policy and practice developments in Uganda, Kenya, South Africa and Nigeria since the 2011 Intermediary Liability in Africa research. It identified a need to increase awareness among different stakeholder groups of the importance of clear regulatory frameworks for intermediary liability to secure rights on the internet; and for stronger collaboration to advocate for best practice internet intermediary regulatory measures in Africa.
The outcomes of both these meetings will form the basis for the draft civil society Africa Declaration on Internet Rights and Freedoms, which will be launched at the ninth global Internet Governance Forum (IGF) in Istanbul, Turkey September 2-5, 2014. The declaration will be available for public input throughout the period leading up to IGF 2014.
Internet Freedom: Should Africa Prioritise Access or Security?
By CIPESA Writer in Stockholm
An interesting conversation is taking place in the Swedish capital Stockholm. At the Stockholm Internet Forum (SIF), which is being watched online by audiences around the world, a journalist with Uganda’s Daily Monitor newspaper asked a question that is central to much of the debate here. Should people in his country be concerned about the so-called internet rights when majority of them do not even have access to the internet, and when big numbers of them lack access to clean water? As the journalist addressed a global audience of online rights activists, back home his newspaper, the two radio stations it runs, and another independent newspaper (The Red Pepper), remained shut down for a fourth day. Under the guise of searching for a document allegedly authored by the head of Uganda’s intelligence services, which President Yoweri Museveni’s government deemed a threat to national security. The police ransacked and cordoned off the media houses. Their computers and servers were being searched; the radio transmitters switched off despite a court order for the security agencies to vacate the media premises.
However, his concerns rhyme with concerns from other participants at the forum. Questions such as, should developing countries prioritise giving access to the internet to more of their citizens or should they instead dwell on improving security and privacy for current internet users?, were at the center of the discussions.
For many of the participants from Africa who spoke to CIPESA, access to the internet remains a key concern on the continent. Only a fraction of people on the continent are users of the Internet (estimated at 15% of the continent’s population). But user numbers are rising fast, driven by increased availability of affordable marine fibre optic bandwidth, a rise in private sector investments, the popularity of social media and innovative applications, not forgetting an increased use of the mobile phone to access the internet.
But as more Africans are getting online, more African governments are moving to curtail online freedoms using both legal and non-legal means. The pity, said the African observers, was that there was little understanding in African countries of the need to protect and to promote these internet rights and freedoms. More so, in most countries there were few actors talking about these matters and creating awareness about the citizens’ right to seek, receive and impart information and ideas through digital technologies.
But back to the question: should African countries priorities access or security? “It is important when you talk of the internet not to think of it chronologically,” said Ross LaJeunesse, Global Head of Free Expression and International Policy at Google. “The internet as we know it is supposed to be free and open… you would be doing a disservice to people if you offer it otherwise.” Anja Kovacs of the Internet Democracy Project in Delhi, India, agreed: we do not need to get everyone online before we start thinking of making it secure for people to be on the internet. “Security has to come at the same time as access,” said Kovacs.
Protecting internet freedoms is becoming of growing interest to academics, human rights activists and media worldwide, including in developed countries, where some governments are using the excuse of fighting cybercrime to limit citizens’ online freedoms. Ron Deibert, head of the Citizen Lab at the University of Toronto, Canada, has led a 10-year research into this issue, and on Tuesday, May 21 launched a well-received book, Black Code in which he contends that the internet’s original promise of a global commons of shared knowledge and communications is now under threat.
Intelligence agencies that were less accountable are taking over aspects of monitoring internet freedoms. Meanwhile, citizens are placing a growing amount of data into the hands of private companies which are increasingly being asked to monitor the internet. Worryingly too is that most of the new users are coming from countries with fragile democratic systems, where internet rights could more easily be trampled.
These concerns/fears are also being investigated by CIPESA under the OpenNet Africa Project. The project is monitoring internet freedoms in a number of African countries such as Ethiopia, Kenya, Rwanda, South Africa and Uganda. We are documenting internet rights violations and reviewing cyber security policies and legislations in these countries to see how they enhance, or undermine, internet freedom.
More on SIF: http://www.stockholminternetforum.se/
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