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07Oct

How Lack of Access to Information and ICTs has fueled Disinformation in Malawi

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By Jimmy Kainja |

The spread of false or misleading information online is due to various reasons. A recent BBC study on fake news in Africa found that sharing news online can be socially validating; because “being the first to share a story in your group of friends, showing others you are in the know and provoking discussion make social media users feel good. Sometimes people will rush to share information not knowing if it is true.” The study added: “… most people do not consume their online news in-depth or critically, and many users will share stories based on a headline or image without having digested it in detail themselves.”

In Malawi, the combination of lack of an enabling access to information law and limited access to the internet has left Malawians vulnerable to misinformation and disinformation.

On December 14, 2016, Malawi Parliament passed an Access to Information Bill, 12 years after its drafting. The then President, Peter Mutharika, assented to the bill into law on February 15, 2017. The purpose of the law is to promote transparency and accountability in the country by providing for “the right of access to information in the custody of the public bodies and relevant private bodies; the process and the procedures related to obtaining the information.”

The news of the presidential assent was perfectly timed – as it coincided with a BBC Africa debate on “fake news” at Ryalls Hotel, in Malawi’s Commercial City, Blantyre. In attendance was the Minister of Information and the State President’s Director of Communications. While the President was rightly applauded for assenting to the bill, the timing of the announcement on a live BBC programme appeared to be a government publicity  stunt. Consequently, some analysts warned of a long battle ahead to get the law operationalised.

The long struggle to have the access to information law passed and operationalised is an indication of the resolve of successive political administrations to limit the flow of information held by public institutions. This may be the reason why for a long time the Malawi government has also shown little interest in improving access to Information and Communications Technology (ICT) – which have been proven to broaden information flow and provide platforms for citizens to demand transparency and accountability of duty bearers.

As of 2019, Malawi’s internet penetration stood at only 13.9%, according to the International Telecommunication Union (ITU). Among the primary factors limiting access to the internet in Malawi is the cost, with the average price  beyond the means of citizens. Indeed, a recent study found that the internet in Malawi is among the most expensive in the world.

Print media is also scarce and expensive. With just two leading media groups – Nation Publication Limited (NPL) and The Times Group, Malawi has only two daily newspapers (with a circulation of 9,000 each), two Saturday newspapers and two Sunday newspapers with a combined circulation of 12,000 in a population of 17.5 million. Newspapers are all in English, a language spoken by the minority. The newspapers cost K600 ($0.79), for Sunday to Friday and Saturtuday papers, which has vernacular language cost K700 ($0.92) per copy, which translates to about K14,400 ($5.81) and K2,800 (3.69) monthly, against a national minimum monthly wage of K35,000 (USD 46.82).

Nonetheless, newspapers are very influential in information dissemination; where these newspapers lead, the rest of the local media are likely to follow. Moreso, the newspapers have presence on all major social media platforms where they repost much of the print editions’ content including the front and back-pages of the print editions. A journalist with NPL’s The Nation newspapers said this is done as one way of promoting the print editions.

Misinformation During the Annulled May 2019 Elections

In the period leading up to and immediately after the May 2019 elections, Malawi witnessed an increase in the spread of misinformation.

The results of that election, which saw the incumbent President, Peter Mutharika of Democratic Progressive Party (DPP) declared winner with 38.6%,  followed by Malawi Congress Party’s (MCP) Lazarus Chakwera with 35.4% and Saulos Chilima of UTM in third position with 20.2% were annulled by the Constitutional Court after the losing candidates challenged the outcome citing several irregularities including ballot tampering.

During the court proceedings, civil society organisations (CSOs), particularly Human Rights Defenders Coalition (HRDC), joined by the opposition parties and ordinary Malawians took to the streets, demanding resignation of Malawi Electoral Commission (MEC) Chairperson, Justice Jane Ansah, for her part in the electoral fraud. Inspite of government attempts to stop the demonstrations, courts upheld citizens’ rights to assembly and association, with  the military at hand to  ensure demonstrations were peaceful.

Alongside the peaceful demonstrations, print, broadcast and social media also provided platforms for mobilisation and engagement. However, the same platforms also proved to be fruitful ground for counterattack and smear campaigns by Peter Mutharika’s sympathisers against the CSOs and opposition parties. Most notable were altered front page headlines in the two leading daily newspapers and their weekend sister papers. The headlines were altered to change the news agenda and narrative on social media.

For instance, The Nation newspaper’s September 26, 2019 edition (below) had a frontpage story titled: “DPP, PROTESTERS CLASH FOIL MARCH”, with subheadings: “HRDC calls for anti-Ansah demo” and “Activist Mayaya, 4 others injured.” Mutharika supporters altered the headline and disseminated the page online reading instead: “ANGRY MALAWIANS BEAT BILLY MAYAYA”, with subheadings: “We are tired of your demos” and “HRDC violence destroyed lives.” Billy Mayaya is a leading member of HRDC, organisers of the demonstrations.

A similar example is of The Sunday Times  edition of October 13, 2019 (below), which featured a story of the then leader of HDRC, Timothy Mtambo surviving an attempt on his life by suspected state operatives. The headline “I SURVIVED ASSASSINATION ATTEMPT BY [GOD’S] GRACE – MTAMBO” was altered and disseminated online as “I FAKED ASSASSINATION ATTEMPT FOR SYMPATHY – MTAMBO.”

It is clear in these cases that the misinformation was created to discredit the CSOs position on MEC and its chairperson, Jane Ansah. Considering the low newspaper circulation and the high reliance on bundled internet for social media access, it is very difficult for the unsuspecting public, without access to newspapers or the Internet outside of data plans, to identify the irregularities in the above newspaper illustrations.

What is to be done?

On June 23, 2020, Malawi held a Constitutional Court-ordered fresh presidential election which was won by Lazarus Chakwera. The new government has promised to undertake a series of public reforms, one of which is to operationalise the access to information law, which has been Gazetted and becomes operational on September 30, 2020. The President said operationalising the law is one way of “[ending] the era of government secrecy”. Likewise, the new Minister of Information, Gospel Kazako – a veteran broadcaster and experienced media manager, appears to be taking calls from CSOs for affordable access to the internet seriously. He has called on telecommunication companies and the sector regulator, Malawi Communication Regulatory Authority, to work on modalities to make the internet more affordable.

If actualised, this would go a long way in addressing the information gap in the country and sustaining democracy.

Meanwhile, NPL and The Times Group have made efforts to promote awareness about misinformation, as in the case of the illustrations below:

Combined efforts of operationalising the access to information law and improving internet affordability by the government, together with sensitisation campaigns by media houses would go a long way in rebuilding trust and legitimacy of both institutions. However, additional efforts in promoting availability of information in local languages would further support verification of information at citizen’s disposal towards enhancing the power of access to information.

Jimmy Kainja is a 2020 CIPESA Fellow focussing on the areas of hate speech and misinformation, data protection, and access to information

19May

CIPESA Joins Call Urging Burundi Gov't To #KeepItOn During Elections

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Joint Letter |

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) has joined 30 international human  rights advocacy groups of the #KeepItOn coalition in urging authorities in Burundi to ensure that the May 20, 2020 elections will be void of any network disruption of digital communications  and to enable voters to freely elect their leaders.

The state of internet freedom in Burundi has been precarious due to the continued tightened  control over independent media and critical online publishers by the government. See the 2019 report on the State of Internet Freedom in Burundi

The coalition has submitted a joint letter to the government of Burundi to ensure open, secure and stable access to the internet and social media platforms throughout the country’s presidential elections. The signatories appealed to the authorities in Burundi to consider the following recommendations to guarantee citizens’ active participation in the elections:

  • Ensure that the internet, including social media and other digital communication platforms, remains accessible throughout the elections
  • Ensure that the Agence de Régulation et de Contrôle des Télécommunications (ARCT) and the Conseil National de la Communication take all the necessary regulatory measures to ensure internet service providers  (ISPs) inform people of any form of disruption or interference in the provision of internet access
  • Order the unblocking of all websites of independent media outlets that are currently inaccessible in the country

. Read the joint letter.

21Oct

Chad Lifted the 16-Months Social Media Shutdown But Concerns Remain

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By Simone Toussi |

In July 2019, the Chadian government lifted a 16-month blockage on access to social media, which it had imposed in March 2018. While connected citizens are now able to access social media with ease, various concerns remain. Digital communication costs are prohibitively high, the media are routinely muzzled, the country is still autocratic, and President Idriss Déby – in office for 29 years now – is not in a hurry to relinquish power. The prospects of enjoying a greater range of digital rights are low, the likelihood of another internet disruption high.

Chad has one of the world’s lowest Information and Communication Technologies (ICT) penetration rates, with internet penetration of 11.4% and mobile penetration of 46.9%. It is ranked 174th out of 176 countries worldwide and 36th out of 38 surveyed countries in Africa by ICT Development Index (IDI).

The low internet penetration did not deter the government from ordering a social media blackout when citizens staged widespread public protests against constitutional changes that could see President Déby rule until 2033. The blockage was only lifted 16 months later in the face of severe national and international pressure. While the blockage lasted, it hampered ICT uptake, denied citizens access to information, hurt their livelihoods, cost the national economy over USD 200 million, and constrained innovation.

Is Chad then ready to harness and to reap the dividends that a digital society delivers? The landlocked central African country has recently launched a 1,200 km fibre optic network linking the capital N’Djamena to the border with Sudan, a large step in broadband coverage extension since international fibre reached the country in 2012. The World Bank-supported Central African Backbone (CAB) project is also expanding ICT infrastructure. But affordability remains a huge problem, and the affronts to freedom of expression and the free flow of information online have slowed ICT uptake in the country of 16 million people. In this article, we provide a rundown of the country’s ICT sector.

 ICT Legal and Regulatory Framework

The key regulations in Chad’s digital space are the law N° 014/PR/2014 on eCommunications, the law N° 009/PR/2015 on Cybersecurity and the fight against Cybercrime, the law N° 007/PR/2015 on the Protection of Personal Data, and the law N° 008/PR/2015 on eTransactions.

At the institutional level, the National Agency for Computer Security and eCertification (ANSICE), established by law N° 006/PR/2015 and under the tutelage of the Presidency, designs and implements policies to combat cybercrime, regulate and control national information systems’ security and  eCommunication networks. It coordinates national cyber security actions to ensure the security of government systems and critical state infrastructure. The Regulatory Authority for eCommunications and Posts (ARCEP), which is supervised by the Ministry of Post and New Information and Communications Technologies, is the industry regulator. The ICT Development Agency (ADETIC) develops and monitors the implementation of the national ICT development strategy. However, while its establishing Law N° 12/PR/2014 provides for formation of a national ICT strategy, to-date, a strategy has not been put in place.

 Access and Affordability

Article 90 of the eCommunications Act  provides for good quality and affordable, universal ICT services across the country. At the July 2019 inauguration of the 1,200km national optical fibre network, President Déby stated that “operators and the State must make efforts to further support the lowering of the internet connection rates, while ensuring quality of services”. However, these aspirations remain a pipedream, as infrastructure is thinly spread and taxes make access unaffordable to many. According to the 2018 ARCEP Telecommunications Market Observatory report issued in May 2019, the average cost of one GB of data per month is currently 7,000 FCFA (USD 12), representing about 12% of the monthly minimum wage which is 60,000 FCFA (USD 101) in Chad. This means only a fraction of Chadians can afford to consistently purchase data and use the internet.  In addition, speeds are low – 5KBps in 2018 as reported by ARCEP –  making it hard for companies and start-ups to provide digital-based development solutions. According to Sidick Bachir Lougouma, the director general of ARCEP, with the new optical fibre network, “Chad will be able to provide national operators with a capacity of 100 gigabits of which 40 gigabits are already available.”

Meanwhile, high taxation rates also undermine affordability and uptake. Excise duty tax on mobile operators rose from 4% in 2014 to 7% in 2016. In 2017, the excise duty shot up to 18%, before falling to 9% in 2018 to-date, according to the 2019 Finance Law. In addition to the excise duty tax, Article 27 of the Finance Law states, “Subscription contracts for post-paid and fixed mobile phones are subject to a stamp duty equal to 10% of the amount of the invoices sent to the customer.”

The ACERP’s 2018 report estimates the number of mobile subscribers at seven million – equivalent to a mobile penetration rate of 46.9%. Airtel Chad, Tigo Chad, Salam, and Sotel Fixed-Tawali are the leading telecom operators, with the lion’s share of the market held by Tigo (51.1%) and Airtel (48.5%). The number of internet users was estimated at 1.74 million, representing a penetration rate of 11.4% in 2018, compared to 1.5% in 2009.

While the ongoing infrastructure investments might improve internet speeds and expand access, including to broadband, to larger parts of the country, the high and multiple taxes will keep telecommunications prices high and undermine growth in subscriber numbers.

 Safety, Personal Data and Privacy

The Constitution of Chad provides for the protection of privacy in Article 49, stating: “The privacy of correspondence and communications is guaranteed by law.” Article 182 establishes the High Authority for Media and Broadcasting – an independent administrative body responsible for promoting freedom of the press, and access to information “within the framework of deference for national cultural values, public order and citizens’ privacy. “

The above constitutional provisions are reflected in the 2015 law on the Protection of Personal Data, which aims to regulate the collection, processing, transmission, storage and use of personal data. It defines personal data as “any information relating to a natural person identified or identifiable directly or indirectly, by reference to an identification number or to one or more elements, specific to his physical, physiological, genetic, psychological, cultural identity, social or economic” (Section 5).

The application of the law is ensured by the ANSICE, following a framework defined by the law N° 006/PR/2015. It guarantees respect for the fundamental rights and freedoms of natural persons, the state, local and regional authorities, civil society, and aims to ensure that the use of ICT does not  infringe on individual or public liberties, especially on private life (Article 1, Paragraph 2). The law is considered  a good step towards protecting personal data and promoting users’ digital rights.

 Freedom of Expression and Freedom of the Press

Freedom of expression and freedom of the press are guaranteed by the Chadian Constitution as follows: “The freedoms of opinion and expression, communication, conscience, religion, press, association, meeting, movement, events are guaranteed to all. They can only be limited by respect for the freedoms and rights of others and the imperative to safeguard national unity, public order and morality“ (Article 28).

However, the country is ranked 122nd out of 180 countries in the World Press Freedom Index 2019. Arbitrary arrests and detention of journalists, closure of media outlets, a restrictive operating environment for human rights defenders, threats, intimidation and assault of reporters – have led to a culture of self-censorship online.

In addition, the government has ordered long-lasting disruptions to social networks, thus muzzling citizen participation in decision-making and the democratic process through the internet. Following the controversial re-election of President Déby in 2016, over 10 websites were blocked and the whole country experienced an internet shutdown for several weeks, followed by an eight-month disruption to social networks. At the time, authorities acknowledged that SMS services were restricted “as a security measure” but denied any interference with internet services, instead citing technical challenges.

There were reports of another government-ordered internet disruption on January 25, 2018, to thwart an anti-austerity protest. The planned “peaceful march” against “bad governance, injustices of all kinds and anti-social measures taken by the government” was organised by several civil society organisations in major cities across the country. The Minister of the Interior and Public Security banned the march, before the internet disruption occurred.

In the same way, following protests against constitutional changes, the Chadian government blocked access to social networks including Facebook, Twitter, WhatsApp, Instagram and YouTube for 16 months – from March 2018 to July 2019. While lifting the blockage, President Déby confirmed that his government had ordered the restriction of access to social networks to preserve national security. Without citing any law, he added: “For a country like Chad which has had dark hours, it is not acceptable for the internet to be diverted for malicious purposes by some individuals with fatal intentions for peace and national unity.”

 Conclusion

The ICT sector in Chad remains under-developed and there is a lack of a clear roadmap to a vibrant digital society. The culture of ordering network disruptions, negligible efforts in bridging the digital divide and ensuring universal access, as well as multiple and high levels of taxation, censorship of online and traditional media by the government, remain bottlenecks to an accessible and affordable internet and undermine the contribution of ICT to Chad’s socio-economic development.

Revisions to restrictive laws  and the passing of implementation regulation for existing laws is thus crucial. As in the adoption of a national strategy for ICT development.

16May

How Social Media Taxes Can Burden News Outlets: The Case of Uganda

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By Juliet Nanfuka |
In July 2018, the government of Uganda implemented a tax on individual users of social media platforms. In the first three months following the introduction of the tax in the country, internet penetration dropped from 47 percent to 35 percent. Given that a significant amount of news circulation now happens via social media and messaging apps, how might this new tax impact the news media ecosystem? The negative effects on news media are less direct and arguably more pernicious than might be expected.
See the full report published on the Center for International Media Assistance (CIMA) website as part of the Open Internet for Democracy Leaders Initiative.

23Nov

East and Central Africa: More Advocacy Needed for Progressive ICT Laws and Regulations

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Statement |
Civil society representatives, lawyers, and journalists from East and Central Africa have called upon their governments to develop policies that protect citizens’ digital rights and promote the use of the internet for free expression and for pursuing economic and education opportunities. The call was made amidst growing concerns that an increasing number of African countries are taking measures that restrict rather than promote the use of the internet. These measures include introduction of taxes that hinder access and use of  Information and Communications Technology (ICT) and laws that hamper freedom of expression through ICT.
The call was made following a workshop on ICT Policy and Advocacy for actors from East and Central Africa, which took place in Goma, Democratic Republic of Congo. Hosted by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) and Rudi International on November 4–6, 2018, alongside the Haki Conference, the workshop drew 29 participants from Burundi, Kenya, DR Congo, Rwanda and Uganda.
Participants noted that the region faces similar challenges such as a lack of data protection laws, mass data collection efforts by governments and business entities, rising self-censorship by individuals and groups who fear reprisals for their online activities, gender-based cyber violence, and high perceptions of undue government surveillance on citizens’ communications. Moreover, some countries in the region have registered blockage of critical websites at the instigation of state authorities, while intimidation and harassment of independent bloggers and activists remain rampant, which affects freedom of expression and the free flow of information online.
In particular, participants urged the Rwanda government to amend its law on interception of communications to strictly define officers who can apply for warrants for monitoring of communications, to strengthen judicial oversight over interceptions activity, and to strictly guard the possibility for mass electronic surveillance.
Burundi was urged to enact a strong access to information law that requires state agencies to pro-actively release information, protects whistleblowers, and effectively advances citizens’ access to information online and offline.
Meanwhile, Burundi, DR Congo, Rwanda and Uganda, were urged to speed up the enactment of comprehensive privacy and data protection laws that strongly protect the integrity of users’ data and severely punish those who misuse such data. None of the countries in the region has a data protection law, although all require mandatory registration of SIM cards and are undertaking various exercises to collect massive amounts of citizens’ data.
In DR Congo, the lack of up-to-date laws to govern the telecommunications sector was noted with concern. Participants called on the National Assembly to expedite the enactment of the bill to update the outdated 2002 law on telecommunications, which is currently before the legislature. However, the parliament should widely consult civil society and the private sector and meaningfully integrate their inputs into the law to be adopted. Moreover, the DR Congo government should enact other ICT-related laws, such as on cyber crime and data protection; and take decisive measures to increase access to affordable fibre around the country, particularly in rural and under-served areas, and meaningfully invest Universal Service Funds in improving broadband access.
The region has this year seen the introduction of online content regulations that undermine the use of ICT. Tanzania and Uganda have started licensing online content producers at a fee, while in July, Uganda set a precedent by introducing taxes to access social media sites including Facebook, Whatsapp and Twitter. The DR Congo, which has ordered various internet disruptions in the last two years, also issued regulations in 2018 that require online publishers to register. .
Indeed, in the wake of these developments, participants called on states to develop laws that robustly stimulate the affordability and usage of the internet and related technologies as opposed to curtailing access to digital communications and stifling freed expression and access to information. The participants also shared their views at DR Congo’s first digital rights conference that concluded with the issuance of the Goma Declaration (French). The training in DR Congo was part of the CIPESA-run OpenNet Africa project (www.opennetafrica.org) which is working to grow the network of individuals and groups that work on advancing internet freedom and building their capacity to engage in digital rights advocacy.

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