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  HomeCollaboration on International ICT Policy for East and Southern Africa (CIPESA)  /  Internet Freedom
07Jan

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

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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.

22Dec

Dialogue on Internet Rights and Freedom in Kenya

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By Marilyn Vernon |
In Kenya, whereas the use of the internet had expanded into all areas of day to day living, the threat of government surveillance and interference has impacted upon user confidence in the security of their online interactions. This comes after several local bloggers and social media users have been arrested and in some cases charged with misuse of licensed telecommunications equipment.
“The Kenya Government continues to use national security as a bigger right that trumps constitutional rights,” said Henry Maina, Regional Director of Article 19 East Africa. He said arrests and intimidation of government critics for expressing their opinions online “had become the norm” under the guise of national security.
Maina was speaking at an event aimed at promoting awareness on internet freedoms in Kenya. Organised by the Bloggers Association of Kenya (BAKE) under its Internet Freedoms Citizen Education Campaign, the event also aimed to help participants develop a deeper understanding of human rights online based on the African Declaration on Internet Rights and Freedoms. The declaration outlines 13 principles of human rights standards in internet policy formulation and implementation in Africa. These include openness, internet access and affordability, freedom of expression, right to information, and freedom of association and assembly.
The other principles are cultural and linguistic diversity, right to development and access to knowledge, privacy and personal data protection, security, stability and resilience of the internet, equality (gender and marginalized groups), right to due process, and democratic multi-stakeholder internet governance.
Kenya has one of the fastest growing rates of internet users in Sub-Saharan Africa, with the Communications Authority of Kenya (CAK) reporting an internet penetration rate of 54.8%. Coupled with the installation of fibre optic networks, the country also boasts the highest bandwidth with the fastest speed within the East African Community.
Social media remains a key contentious area on internet freedom in Kenya, where content posted has resulted in prosecution on unclear grounds. In December 2014, blogger Robert Alai was arrested and charged with undermining the authority of a public officer contrary to Section 132 of the Penal Code, by allegedly calling President Kenyatta an “adolescent president” in a blog. He was again arrested in February 2015 for offending a businessman online by linking him to a land saga that involved the illegal acquisition of the Langata Primary School playground.
Journalist Abraham Mutai was arrested following tweets he posted on corruption in the Isiolo County Government and was charged with the “misuse of a licensed communication platform to cause anxiety.”Another case in January 2015, involved a Kenyan student, Alan Wadi who was prosecuted and jailed for one year for insulting President Uhuru Kenyatta on social media.
More recently, the eruption of a Twitter storm dubbed #uhuruinkenya which mocked government spending on foreign trips had led to the alleged take down of a website created under the same hashtag. However, the Kenya Network Information Centre (Kenic), Kenya’s domain registry operator, denied taking down the site. The website isuhuruinkenya.co.ke which, is set to display a “YES” or “NO” when the president is in or out of the country respectively, has since been restored and is accessible within the country.
Also speaking at the event, Nanjira Sambuli, iHub Research Manager, stated that such incidents demonstrated that user vulnerability “is a very real threat” and reiterated the need to help users understand and make sense of digital safety and security, particularly the Terms of Service for social media platforms.
The issue of hate speech across ethnic and religious lines was also discussed, during which participants highlighted the need for user ethics and responsibility such as questioning and verifying sources before sharing information. “Security starts with you as the user,” noted Sambuli.
Kenya is party to a number of international human rights instruments and is a member of the Freedom Online Coalition – an intergovernmental coalition committed to advancing freedom of expression, association, assembly, and privacy online – worldwide. In 2012, Kenya hosted the Annual Freedom Online Coalition meeting in Nairobi. The previous year, it had hosted the global Internet Governance Forum (IGF) under the theme Internet as a catalyst for change: access, development, freedoms and innovation. However, these positive steps in the country’s recognition of internet freedom are subject to legislative and institutional hurdles, thereby making it difficult for citizens to freely enjoy their rights online.
The online conversation around the event was conducted with the hashtag #iFreeKE.
For further reference on what internet freedom means to Kenyan users see the Kenya Internet Freedoms campaign video.
 
 

11Dec

South Africa Bill Threatens Internet Freedom

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By Juliet Nanfuka |
South Africa’s Cybercrimes And Cybersecurity Bill (2014) has been met with apprehension among civil society due to its vague definitions, its limited safeguards for access to information and freedom of expression. In many ways, it resonates with the equally stifling Draft Online Regulation Policy gazetted in March 2015, which contains clauses that have the potential of blocking online content including films, games and certain publications.
Civil society welcomed the invitation by the Department of Justice and Constitutional Development to provide comment to the draft document. However, concerns have been raised across the board including by the Interactive Advertising Bureau South Africa on the grounds that the bill “broadens the definitions of copyright and creates requirements that do not exist in current copyright law.”
The Association for Progressive Communications in their submission stated that the bill does not make sufficient distinction between unlawful intention and a lack of intention by an internet user, such as an inexperienced internet user downloading illegal malware, but being ignorant of this fact. According to APC, given the low levels of digital literacy in South Africa, this is an important concern. it also noted that the Bill lacks a clear perspective on the culpability of minors and the evolving capacity of minor.
The Right2Know campaign in their comments  pointed out that the bill gives the state excessive authority by granting “the power to declare any data, database, device, network, infrastructure – publicly or privately owned – to be a ‘National Critical Information Infrastructure.’”
Many clauses in the South African Bill are similar to clauses present in a spate of bills that have emerged in East Africa.  In Part V of the Kenya Security Laws (Amendment) Act 2014, the surveillance capabilities of the Kenyan intelligence and law enforcement agencies are expanded without sufficient procedural safeguards. A similar stance is present in the Tanzania Cybercrime Act (2015), which was signed into law with limited public review. The Act makes no indication on the rights the users have of their data nor how it is protected once in the hands of the state, putting citizens’ data at risk especially in the absence of a data privacy and protection law.
Meanwhile in Nigeria, the controversial Social Media Bill was met with criticism as it “completely negated important international conventions to which Nigeria was a signatory”. The Partnership for Media and Democracy in Nigeria (PAMED) raised the concern that “the bill constitutes a threat to democracy because it seeks to repress the social media, the conventional media, the civil society and the citizenry as a whole.”
A recurring theme across many of these new legislations is the continued attempt of states to muzzle opinion of the media, independent social commentators (popular bloggers) and various other non-state actors who are involved in the promotion of freedom of expression, accession to information, increased state transparency and accountability.
Further, the contradictory nature of the new and proposed laws with existing legislation compromises the security and privacy of citizens and their data and leaves gaps for the abuse of internet rights as prescribed in the African Declaration of Internet Rights and Freedoms  remain largely ignored.
 
 
 
 
 

03Oct

Forum Sparks Debate on Internet Freedom in Africa

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By Juliet Nanfuka |
The recently concluded two-day Forum on Internet Freedom in East Africa 2015 sparked debate on the many facets of internet freedom, including access to information, digital safety, media freedom, online violence against women, regulation of the internet, freedom of expression online, and the online economy.
The first day of the Forum coincided with the internationally celebrated Right to Know Day (September 28) and also served as a platform to recognise the tenth anniversary of the Access to Information Act  in the host country, Uganda.
The Forum, organised by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) under the OpenNet Africa initiative, brought together just under 200 participants, a dramatic increment from the 85 who participated at last year’s inaugural Forum. Participants represented a wide spectrum of stakeholders including communications regulators, civil society, intermediaries, private sector, tech enthusiasts, artists, media and ordinary citizens. It was supported by the African Centre for Media Excellence (ACME), Hivos, Ford Foundation, Open Technology Fund, UNESCO and Web We Want.
According to the ITU, there are currently 3.2 billion people using the internet of which, by end 2015, two billion will come from developing countries. There is therefore a need to create awareness and to advocate for internet rights in developing countries that are registering a dramatic uptake of the internet.
The African Declaration on Human Rights has set the foundation upon which human rights standards and principles of openness in internet policy formulation can be developed in Africa. While various policies and laws have been developed in the continent’s 54 countries, many contradict the rights to privacy, access to information, data security, and freedom of expression.
In his opening remarks at the Forum, Jaco du Toit, Communication and Information Adviser at the UNESCO Regional Office for Eastern Africa, pointed to growing concerns over the mechanisms used by governments in the region to monitor citizen’s activities both online and offline. These concerns threaten legitimate online interactions including by the media that  plays  the role of  society’s watchdog, and by critical citizens with large online footprints and human rights organisations that rely on information to encourage civic participation and good governance.
The use of ICT tools by citizens to exercise their right to free expression and as an engine for development is widely recognised especially as the push for open data gains momentum across the African continent. However, recognition of internet rights in the same breath as the rights guaranteed offline by national constitution remains a grey area.
 Internet Freedom in East Africa
The forum served as the launch of the State of Internet Freedom in East Africa 2015 report on access, privacy and security online in Burundi, Kenya, Rwanda, Tanzania, and Uganda. The report is the result of qualitative and quantitative research conducted in the focus countries between May 2014 and August 2015.
The report highlights legal developments related to internet freedom in each of the focus countries such as the May 2015 ruling by the East African Court of Justice (EACJ) against the Burundi Press Law of 2013, on the grounds that some sections went against the principles of press freedom. This marked a victory for the Burundi Journalists Union who had petitioned the court over the repressive law. In Kenya, the Security Laws (Amendment) Act was signed into law despite concerns over its expansion of the surveillance capabilities of the Kenyan intelligence and law enforcement agencies.
In Tanzania, the controversial Cybercrimes Act and the Statistics Act were both passed in 2015 notwithstanding protests due to the restrictions they place on advancing transparency and access to information.
Progressive public access developments are also reported such as the Smart Kigali initiative which provides wireless internet service on select public transport buses. The Ministry of ICT in Rwanda also launched the “Stay Safe Online” campaign aimed at promoting awareness on cyber security.
The report also presents some of the violations of internet freedom that were registered in East Africa over the last year.
Knowledge, Attitudes and Perceptions on Internet Freedom
The report found that understanding of what constitutes internet freedom among the region’s citizens is varied. The majority associated internet freedom with the ability to utilise the internet free of unwarranted state regulations or commercial restrictions.
Online safety practice was low with only 48% of the respondents using digital safety and security tools to safeguard themselves online. A lack of awareness of security risks on digital platforms and shortage of skills to secure communications were among  the reasons for not actively utilising online safety tools.
The report further found widespread perception among East Africans of government surveillance even where there was limited  evidence remain prevalent of actual surveillance. Respondents cited national security, countering terrorism, and combating hate speech as key reasons for government surveillance.
Discussion Echoes Report Findings
Discussions in the 13 sessions at the forum repeatedly pointed out contradictory or non-existent laws to protect users especially in instances where critical content in writing, or creative and performing arts have led to arrests. This in turn has contributed to self-censorship by independent content producers and media.
Further, victims of online violence against women (VAW) do not have any legal structures to ensure their rights are upheld; instead, many are castigated more than the perpetrators of the violence. Limited legal provisions on the vice have thus led to a culture of silence and misinformation which in turn impacts upon reporting of cases to indicate the extent and actual statistics of VAW in African countries.
Discussions at the forum echoed insights gathered in the report, including the friction between control of content which impacts upon freedom of expression and regulation of the internet so as to combat hate speech and terrorism, and to maintain national security and public order.
“Ignorance of the law is not an excuse,” said Irene Kaggwa, Head of Research and Development at the Uganda Communication Commission on the need for responsible use of the internet. Jimmy Haguma, Acting Commissioner with Uganda Police’s Cybercrimes unit, , added that “freedom without control” would contradict certain needs, such as ensuring child online safety and protection from theft and fraud.
The challenges involved with ensuring that the internet is a safe space for genuine interaction were summarised by Facebook’s head of Public Policy for Africa, Ebele Okobi, who noted that “If Facebook were a country, it would be the biggest country in the world.” She added that the global platform faces a challenge of how to apply the laws of every country in which it has users in its policy on online content.
Underpinning all discussions at the forum was the use of social media and the need for users to build their digital security capacities as the online arena increasingly becomes the key avenue for social interaction. However, legislation in many countries has not moved fast enough to ensure the protection of users who fall victim to online abuse and violence.
In his closing remarks, Vincent Bagiire, Chair of the ICT Committee, Parliament of Uganda, emphasised the necessity for further engagement on internet freedom not only by civil society but with a more inclusive multi-stakeholder approach which works towards ensuring a free and open internet. He stated that this responsibility exists first at the national level, “but given the borderless, global nature of the internet”, it is also very much a global issue. “Internet freedom is both a domestic and a foreign policy subject,” he said.
The Forum had representation from 19 countries including Burundi, Cameroon, Democratic Republic of Congo, Ethiopia, Germany, Italy, Kenya, Nigeria, Rwanda, Tanzania, South Africa, South Sudan, Sudan, Somalia, Uganda, United Kingdom, United States of America, Zambia, Zimbabwe
For more details, visit the Forum on Internet Freedom in East Africa 2015 page, See the full programme and the speaker biographies.
 
 

02Oct

The Challenge of Tackling Online Violence Against Women in Africa

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By Evelyn Lirri |
The story of a 19-year-old student from Kenya who committed suicide after a man she met through Facebook threatened to publish her nude photos came to the limelight on the heels of the opening day of the Forum on Internet Freedom in East Africa, which took place in Kampala, Uganda.
The forum, organised by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), under the OpenNet Africa Initiative, drew a cross-section of people from Africa and beyond, including human rights defenders, academics, , law enforcement officers, communication regulators, media, and the tech community to debate issues impacting online freedom of expression and cyber security in Africa. The emerging issue of online violence against women (VAW), a growing problem worldwide, was among the key topics discussed.
Panelists at the Forum said cyber violence against women exists in several forms, including stalking, sexual harassment, surveillance, revenge pornography, public shaming and use of images or videos to manipulate individuals. It is particularly carried out through email, social media such as Facebook, Twitter and mobile phone instant messaging platforms like WhatsApp.
Ruth Nsibirano, a gender expert from Makerere University, said it is difficult to quantify the extent of cyber VAW in Africa because of several inhibitions including the culture of silence.
“In many cases when women report this kind of violence, they are blamed for causing it and so they end up keeping quiet instead of speaking out,” explained Dr. Nsibirano. She added that many women were reluctant to report their tormentors because of the fear of reprisal and, in other cases, they did not know where to seek redress.
According to Jan Moolman, a feminist activist with  the Association for Progressive Communications (APC) who was on  the panel that discussed gender-based online violence, women’s access to the internet and technology remains low, especially in developing countries, leaving the conversation on internet rights to be dominated by men. She noted that in some African countries, online VAW was targeted at public figures, largely because of the nature of their work.
“We need policies and legislation by governments to say this kind of behaviour online is unacceptable. Just like we are responding to violence against women offline, we need to do the same online,” said Ms. Moolman.
Despite the ongoing reports of harassment and intimidation, Ms. Moolman urged more women and girls to join online spaces in order to be part of the conversation against the vice and how to ensure they are safe when they use different online platforms.
Nanjira Sambuli, a research manager with iHub Kenya, said cases of violence against women are usually difficult to prosecute because the evidence is hard to present.
“The cases that come to the limelight are likely a representative of what we don’t hear or see. We need to work towards frameworks that allow people to report anonymously. That way, we shall have a better sense of what is happening,” she said.
Ms. Sambuli highlighted the fact that efforts to combat violence against women have thus far been mainly offline, with fewer strategies put in place to document the harm that happens online and ensure women know where to seek help when they have been violated.
“The internet especially social media platforms are spaces where people are beginning to negotiate and understand what it means to have freedom and what the boundaries are. The internet should be a space where citizens can engage, learn and build a better society,” she added.
Among the possible efforts to curb the vice, Dr. Nsibirano called for increased education of women on the dynamics of the internet through school curriculums. “That way, we shall get more women who will be knowledgeable when these crimes happen,” she said.
Many countries across Africa do not have specific laws under which offenders can be prosecuted. In Uganda, some offenders have been charged under the Anti Pornography Act, 2014, but participants noted that this law was not sufficient to address the problem given that the same law could be used to prosecute the victims.
“Digital evidence is an area that the world is still trying to figure out,” noted Ms. Sambuli. She stressed the need for laws not to aggravate the infringement of victims’ privacy during investigations and prosecution of VAW crimes.
 
 

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