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25May

Zambia’s Mixed Record on ICT Access and Free Expression Online

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By Ashnah Kalemera |
The first-ever Lusaka Internet Forum (LIF17) was hosted in Zambia’s capital on May 10-11 as a platform for discussing the various factors impacting internet use in the country, particularly in driving agricultural sustainability, gender equality and freedom of expression online.
The southern African country presents a mixed record: ICT access is growing (a mobile phone penetration rate of 75% and internet penetration rate of 32%), but is undermined by high data and voice usage costs that entrench the digital divide between men and women and between rural and urban areas. Moreover, while the country is investing in extending services to rural and underserved areas, national laws largely undermine free expression and the communications regulator is criticised for undermining citizens’ rights to free expression.
In the last two decades, Zambia has recorded some firsts on internet use – both positive and negative. In 1996, one of the first documented acts of government censorship of online content in Africa happened when Zambia’s government ordered the take down of content from the online edition of The Post newspaper, after threatening to prosecute the country’s main Internet Service Provider (ISP), Zamnet.


The content was banned under the Preservation of Public Security Act for allegedly containing a report based on leaked documents that revealed secret government plans for a referendum on the adoption of a new constitution. A presidential decree warned the public that anyone caught with the banned edition, including the electronic version, would be liable to prosecution.
Since 1996, a number of interruptions to online communication have been reported. Access to some online news outlets, such as the Zambia Watchdog, has been blocked at different intervals, particularly between 2012 and 2014, over publication of content critical of the government. This alongside physical intimidation, arrests and seizure of devices such as journalists’ laptops and mobile phones. Meanwhile, in August 2016, internet connectivity interruptions were reported during the election period but these could not be verified as deliberately orchestrated by the state or service providers.
Despite these affronts to freedom of expression, in 2014 Zambia was the first African country to implement Facebook’s Free Basics initiative that allows users to access prescribed sites without the need for data. Ongoing initiatives by the Zambia Information and Communication Technology Authority (ZICTA) to promote access include the establishment of ICT training centres, acquisition of equipment for ICT-based learning and examinations under the education ministry, and the development of a computer assembly plant.
This mixed record on ICT access and internet freedom formed the backdrop of the discussions at LIF17, during which participants cited gender barriers, high illiteracy and poverty levels, and high data costs as undermining internet use in the country.


Some participants stated that the country’s laws appear to target curtailing citizens’ rights, and faulted the regulator for lacking independence and failing to protect users from abuses by service providers and government agencies such as the police. “Let’s use the laws progressively not to block access to information or to [unjustifiably] control how the media work,” said a blogger. He noted that the ICT Act of 2009 does not speak to current realities, with some of its provisions criminalising freedom of expression.
There are also widespread perceptions of unwarranted surveillance of citizens’ online communications. The right to privacy is threatened by the mandatory registration of SIM cards provided for under the ICT Act and the Statutory Instrument on the Registration of Electronic Communication Apparatus of 2011. Registration requires subscribers to provide their personal details and identity cards, in the absence of a data protection and privacy law.
The Electronic Communications and Transactions Act of 2009 provides for lawful interception of communications upon issuance of a court order, and online monitoring of information in the public domain. Nearly 15 years since tabling a draft freedom of information bill, it is yet to be enacted.
Meanwhile, activists criticised the Independent Broadcasting Authority (IBA) director general for misusing their extensive powers to curtail media freedom. Last August, the IBA suspended the broadcasting licences for Muvi TV, Komboni Radio and Itezhi Tezhi Radio for “unprofessional conduct posing a risk to national peace and stability”. Activists also reported increasing attacks on individuals who use radio and TV stations to voice opinions critical of the government.
As such, following the LIF17, CIPESA led an ICT policy training workshop for human rights defenders, activists, media and social media enthusiasts to increase their understanding of relevant ICT policies in Zambia and how these affect human rights online. The workshop entailed developing their strategies in advocating for a free, open and secure internet through the innovative use of both traditional and new media.
During the training, participants were taken through mechanisms for policy engagement such as stakeholder submissions, the analysis of bills and continued activism and campaigns online including through documentation and reporting of internet freedom violation incidents.


LIF17 was organised by the Swedish Embassy in Zambia and partners including the Zambia Governance Foundation as a satellite event in the lead up to the Stockholm Internet Forum. Thematic sessions on agriculture, gender, and freedom of expression were hosted by the technology innovation hub Bongo Hive, the Asikana Network, the Swedish Programme for ICT in Developing Regions (Spider) and CIPESA.
Read more about internet freedom in Zambia in CIPESA’s State of Internet Freedom in Zambia 2016 report.
CIPESA’s work in Zambia is supported by AccessNow and the Mozilla Foundation.
 

05May

Ugandan Artists, Journalists Decry Declining Freedom of Expression

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By Ashnah Kalemera |
As the world celebrated World Press Freedom Day (WPFD), the media and artists in Uganda spoke in unison about declining levels of freedom of expression in the country. Media practitioners challenged the constitutionality of Uganda’s 20-year press law and the impartiality of the national media ombudsman. Meanwhile, artists cited a growing trend of self-censorship among their community due to a fear of backlash from the state.
Musician Robert Kyagulanyi a.ka. Bobi Wine, an outspoken proponent for free expression, explained that communicating social issues through music was both “exciting and annoying” to audiences. Kyagulanyi said over the years he had experienced backlashes for making songs critical of state authorities. In 2012, the Uganda Communications Commission (UCC) allegedly banned radio airplay of Kyagulanyi’s song which criticised the Kampala City Council Authority Executive Director. Earlier this year, there were reports that UCC had once again banned another of Kyagulanyi’s songs – this time with content related to elections. It could not be verified whether the commission indeed banned radio stations from playing the song titled Ddembe. The singer stated that state-owned media had on numerous occasions declined to play some of his music that criticised the government.
“Much as censorship does not come direct, we must acknowledge that it exists for artists,” said Kyagulanyi at an event in Kampala to mark WPFD.
Kyagulanyi’s sentiments were echoed by another prominent Ugandan musician, Irene Ntale, who said she and many others often found themselves “limited” to making commercial music that is “easily saleable and sustains livelihoods” and refraining from critical songs.
“If I want to sing about the political situation in Uganda, I am afraid. Am I going to get into trouble?” said Ntale. She added that other forms of her expression, such as the attire she wears while performing, were also under threat from the Anti-Pornography Act (2014). The Act outlaws the publication and consumption of real or simulated sexual activities, or representation of sexual parts of a person.
Uganda, like many other African countries, lacks a comprehensive legal framework to promote creative, artistic and cultural expression. The country has a national Culture Policy (2006) and ratified to the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expression in 2015. However, protections are not guaranteed and there have been reports of abuse and infringements on artists’ rights when their work challenged political, religious and social norms. In 2012, screening of 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.
Both Kyagulanyi and Ntale called for the media to offer more support to the creative sector when artists’ freedom of expression is under attack. However, the media itself is experiencing rising attacks, and the Press and Journalist Act (1995), which regulates the media, is “antithetic to media freedom and democracy”, according to Makerere University journalism lecturer  Adolf Mbaine . He said the Media Council established under this law had led to “direct government control over what journalists can and can’t do”. This had contributed to an engrained fear among journalists and other actors on how to exercise their freedom of expression.
Mbaine also contended that freedom of the media was not a “professional right” and should therefore not be regulated. “Media belongs to everyone including the public through media,” he said.
Meanwhile, Peter Magellah of Chapter Four pointed out that there were no provisions in Uganda’s Press and Journalists Act relating to online publications and new media platforms. Under the Uganda Communications Act (2013), the Uganda Communications Commission (UCC) has the mandate to regulate telecommunications services including broadcast and online media. In February 2016, the UCC issued a statement calling for “professional and responsible behaviour among broadcasters and users of social media” during elections that were held the same month.
The chairman of the Uganda Law Society, Francis Gimara, called for more “legal challenges” to the 1995 law as well as other matters related to the rule of law with an impact on freedom of expression in Uganda. Other recommendations made included:

  • Industry-led regulation of journalists with active stakeholder participation. This would, among others, advance increased accountability of the media on issues of ethical conduct.
  • Media should become activists of press freedom and freedom of expression.
  • Media should cover more societal issues that artists portray instead of tending to focus on the lifestyles of the artists.
  • Increased documentation and reporting on violations of creative and artistic expression akin to documentation of violation of freedom of expression for journalists and activists.

The WPFD celebration was organised by the African Centre for Media Excellence (ACME) jointly with other partners. The dialogue explored the right to freedom of expression and the right to information through online and offline media as fundamental pillars of democracy.
Follow the online conversation on WPFD with the hashtags: #WPFD16 and #ThisIsFreedom
 
 

27Jan

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

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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.

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

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