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12Jan

A Section of Uganda’s Computer Misuse Act Outlawed! But, the Greater Part of the Law Remains Thorny

Author CIPESA Posted on

By Juliet Nanfuka |

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) welcomes the ruling by Uganda’s Constitutional Court that section 25 of the Computer Misuse Act of 2011, which penalises “offensive communication”, is null and void. This section has severally been used by state authorities to silence dissent, and CIPESA has for long supported efforts to expunge it from the eastern African country’s key internet law.

On January 10, 2023, Uganda’s constitutional court ruled that section 25 of the Computer Misuse Act is inconsistent with the country’s constitution and called for an immediate halt to its enforcement, including for all cases being prosecuted or investigated. The court’s decision could bring to an end the utilisation of this problematic provision that has for a decade been weaponised to silence critics, political opponents and dissidents. The government can appeal the constitutional court’s decision to the Supreme Court within 14 days.

This week’s ruling is the result of a 2016 petition in which the litigants argued that section 25 was vague, violated civil liberties, and contravened constitutional guarantees. 

The law on computer misuse defines offensive communication as the “willful and repeated use of electronic communication to disturb or attempt to disturb the peace, quiet or right of privacy of any person with no purpose of legitimate communication whether or not a conversation ensues.” The offence is punishable by a fine not exceeding USD 130 or imprisonment not exceeding one year, or both. 

However, opponents of the law have argued that this provision is vague, overly broad and ambiguous. Further, they contended that the provision does not give a fair warning regarding what conduct is deemed illegal under the right and freedom of speech and expression pursuant to article 29(1)(a) of Uganda’s constitution.

In this week’s ruling, Justice Kenneth Kakuru, who wrote the lead judgement, stated that he  had determined that the words used under section 25 were “vague, overly broad and ambiguous.” According to the judge, what constitutes an offence is “unpredictable” and this gives the law enforcer the discretion to choose what qualifies as offensive. Justice Kakuru added that the provision “gives law enforcement unfettered discretion to punish unpopular or critical protected expression.” 

Section 25 of the Computer Misuse Act has severally been invoked to issue threats, effect arrests, detention, and prosecution of individuals over their online communications. 

The Computer Misuse Act has been previously used to suppress digital rights including free expression and access to information. For instance, academic and social critic Dr. Stella Nyanzi was arrested for insulting the president in a social media post. In 2019, she was convicted of cyber harassment contrary to section 24 of the Act but acquitted of offensive communications, which is proscribed under section 25. Other individuals who have suffered the wrath of the same law include former presidential aspirant Henry Tumukunde who was arrested over alleged treasonable utterances in radio and television interviews, the Bizonto comedy group who were arrested over alleged offensive and sectarian posts, and author Kakwenza Rukirabashaija who was arrested, detained and prosecuted over offensive communication against the president and his son. (Source: CIPESA Submits Comments on the Computer Misuse (Amendment) Bill, 2022 to Parliament )

Despite this progressive decision by the Constitutional court, the Computer Misuse Act will remain a key impediment to free expression and the enjoyment of digital rights, notably because of amendments made to the law in late 2022. Those amendments ambiguously prohibit the “misuse of social media,” sending or sharing of unsolicited information through a computer, and sending, sharing or transmission of malicious information about or relating to any person. These prohibitions, whose introduction was condemned by wide sections of Ugandan civil society, human rights defenders and some government officials, present a key curtailment of freedom of expression and access to information. 

Promoters of the amendments argued that existing laws did not “specifically address the regulation of information sharing on social media” or were “not adequate to deter the vice”. However, critics argued that efforts should instead have focused on addressing the existing retrogressive provisions in the law, notably those on “cyber harassment” and “offensive communication”. 

Accordingly, CIPESA alongside 13 civil society organisations and individuals filed a petition challenging those amendments. This followed CIPESA’s submission of comments and presentation of concerns before the Parliamentary Committee on Information and Communication Technology ahead of the enactment of the amendments. In those submissions, CIPESA argued that since its enactment, the Computer Misuse Act had been used to suppress digital rights including free expression and access to information and the proposed amendment would present a further blow to online civil liberties.

In its ruling, the constitutional court noted that, “In a democratic and free society, prosecuting people for the content of their communication is a violation of what falls within guarantees of freedom of expression in a democratic society.” The ruling is a step in the right direction in combating wanton limitations to digital rights in Uganda, where a flurry of technology-related laws were enacted in the wake of the 2010 Arab Spring during which users leveraged digital platforms and social media to build movements and mobilise public protests against their autocratic governments.

Besides the Computer Misuse Act, other laws enacted in Uganda during this time include the Regulation of Interception of Communications Act, 2010, the Electronic Signatures Act, 2011, and the Electronic Transactions Act, 2011, all of which variously interfere with digital rights including data privacy, access to information, and freedom of expression.

02Jan

Move Fast and Fix Policy: African Digital Rights Advocacy in an Era of Rapid Policy Change

Author CIPESA Posted on

By CIPESA Staff Writer |

Across Africa, the fast-evolving technology landscape has created pressure to adopt appropriate legislation to keep up with the pace of technological development. However, these efforts are being shackled by numerous challenges, including silo approaches to policy development, limited citizens’ inclusion in policy formulation, failure to harmonise stakeholder positions, ad hoc advocacy efforts by Civil Society Organisations (CSOs), and the failure to leverage the influence of private sector actors.

At the Forum on Internet Freedom in Africa 2022 (FIFAfrica22), digital rights activists and policymakers examined how existing processes and mechanisms that provide input into digital policies can be improved. In a panel session organised by the Centre for International Private Enterprise (CIPE), participants explored experiences and practical tips for policy engagement that upholds democratic values.

A key concern was that, on the one hand, Africa’s digital rights landscape has for years remained unregulated, leading to resistance to efforts to regulate it, and yet the absence of laws creates room for violation of rights online and abuse by state and non-state actors. On the other hand, where laws have been enacted, implementation and enforcement have been weaponised to target critics and dissent, as reflected in the continued infringement of rights online. This creates the need for proactive multi-stakeholder efforts in pushing back against regressive developments.

“While we should be [engaged] at the beginning of the process, we are ignored and when we enact a law, CSOs come to challenge it, yet if they involve us early enough, we would all be in agreement,” said Neema Lugangira, Member of Parliament from Tanzania and Chair of the African Parliamentary Network on Internet Governance (APNIG).

She noted that with a negative attitude towards each other, many parliamentarians question the motives of CSOs in pushing certain agendas and called for a change in approach. “I want to champion issues in which I have been involved. How do we make your agenda my agenda? You can scream whatever you want but you cannot get legislative change without working with Parliament,” said Lugangira. 

Indeed, Boye Adegoke from Paradigm Initiative reiterated that one of the pitfalls of policy advocacy was to adopt the angel/devil relationship approach. He added that many CSOs lack  adequate knowledge and skills to engage in policy processes. In turn, he called for more proactive efforts in tracking parliamentary debates and business related to digital policy and undertaking research to inform policy advocacy. 

Building alliances, including with the local business and the tech community, was also cited as critical to strategic support for policy influence. “When they [business and tech community] speak, they tend to be listened to and governments tend to respect their views,” said Nashilongo Gervasius, a Namibian technology policy researcher and founder of NamTshuwe Media.

Equally emphasised was the need to leverage the power and influence of private sector players  at international level, where the quality of policy negotiations by some African governments remains wanting,  as noted by Ayaan Khalif, the Co-Founder of Digital Shelter, a digital rights group in Somalia. Citing the example of the 15% tax agreement between OECD countries and multinational companies, Ayaan stated that African countries and CSOs must bring the continent’s big market potential to the “negotiating table” in order to tap into the multinationals’ revenue.

Away from negotiations, the need to increase inclusive participation in public policy processes was also stressed. As Khalif stated, “Holistic stakeholder involvement should clearly define those being involved, ensure that they are actually given the opportunity to make meaningful input and outline the issues being addressed”.

Ultimately, context remains paramount given that most countries on the continent are at different levels of democracy and what is possible in one may not be tenable in another. What is important is to understand the policy making ecosystem and respond appropriately. “Policy advocacy is about incremental wins. If you are not invited to the table you can bring your own chair to the table, or you can set up your own table and bring people to it,” concluded Adegoke.

23Nov

Training webinar on Internet Universality Indicators convened for African Countries

Author CIPESA Posted on

By Juliet Nanfuka |

On 26 October, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) convened a regional training webinar to raise awareness of the Internet Universality ROAM-X indicators and their potential to promote Internet development to advance media freedom and digital rights in Africa. ), The UNESCO Information for All Programme (IFAP) and International Programme for the Development of Communication (IPDC) jointly supported the training.

Present at the meeting were PROTEGE QV (Cameroon), Youth Net and Counselling, YONECO (Malawi), namTshuwe (Namibia), Digital Shelter (Somalia), and CIPESA (Uganda). Each partner presented the state of digital rights in their respective country as a foundation for discussing the ROAM-X indicators with Malawi and Somalia hosting physical convenings. 

In her opening remarks, Dorothy Gordon, Chair of UNESCO’s Internet For All Programme (IFAP) stated: “There is a need to take control of the digitally mediated future and understand the impact of policies on our digital environments: the ROAM-X indicators give stakeholders factual tools to discuss and advocate for the future we want to see in Africa.”  

Xianhong Hu, UNESCO’s Programme Specialist  representing IFAP Secretariat, unpacked the 303 the Internet Universality ROAM-X indicators and elaborated on the eight-step multi-stakeholder methodology of conducting national assessments. She highlighted that the unique value of applying ROAM-X indicators is to improve national digital ecosystems and foster cross-border and cross-jurisdictional digital collaboration. 

UNESCO encouraged more African countries to pursue a ROAM-X assessment as a tool to evaluate the ever-changing developments in technology, reverse the digital divide, and to harness digital transformation. Given the launch of the Namibian national assessment and the follow-up ROAM-X assessment in Kenya, as well as the monitoring of new developments following the Covid-19 pandemic and the 2022 national elections, incorporating ROAM-X assessment is critical.

UNESCO and CIPESA jointly reaffirmed the need for increased mobilisation using the multistakeholder approach to ensure an open and inclusive implementation process, and to scale up Internet development in African countries over the next two years. 

Participants urged UNESCO to continue its support in organising more capacity-building activities to meet the growing demand to assess ROAM-X indicators in African countries.  

All participants were invited to continue their engagement with UNESCO and attend its events at the December 2022 Internet Governance Forum (IGF), in  Addis Ababa, Ethiopia which include sessions on the ROAM-X indicators, a Day-0 pre-event and a Dynamic Coalition session.

07Sep

Journalists in DR Congo and Rwanda Grapple with Disinformation and Hate Speech. Here’s What They Should Do

Author Evelyn Lirri Posted on

By CIPESA Writer |

As disinformation and hate speech intensify during periods of armed conflict and political unrest, journalists can play a critical role in countering falsehoods by providing accurate, unbiased information to the public. Yet, journalists often lack the skills and resources to identify, fact-check, and call out disinformation.

Last month, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) convened a consultative meeting in Rwanda’s border town of Rubavu for Congolese and Rwandan journalists to discuss how they can play a more effective role in countering disinformation in the conflict between the two countries while providing accurate information in their reporting. The meeting discussed the nature of the disinformation and its key instigators and spreaders, media pluralism, and factual reporting.

The Conflict

In recent months, the governments of the Democratic Republic of Congo (DR Congo) and Rwanda have traded accusations of supporting rebel forces destabilising each other’s country, with disinformation and hate speech taking centre stage in the conflict and fuelling hostilities between the neighbours.

The Congolese government is engaged in armed conflict against the M23 rebel group, which it says is supported by the Rwanda government. A recent United Nations (UN) report corroborated the allegations, indicating that Kigali supports the M23 rebels and other militia operating in the troubled North Kivu province. Rwanda denies the allegations and in turn accuses its neighbour of supporting the Democratic Forces for the Liberation of Rwanda (FDLR) armed rebels that have bases inside eastern Congo from where they purportedly make occasional incursions into Rwanda.

This ongoing conflict has also sucked in the UN peacekeeping force in DR Congo, commonly known as the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO). There are increased calls for its withdrawal from the central African nation amidst accusations that it has failed to stop the M23 rebel advances and killings by other militia. According to media reports, 36 people including four UN peacekeepers were killed in late July amid protests against MONUSCO.

Information Disorder

The Congolese online space is fraught with calls for a boycott of Rwandan goods and businesses, as well as calls for expulsion of Rwandan nationals. In late May, Congo suspended Rwanda’s national carrier Rwandair’s flights from its territory. The hashtag #RwandaIsKilling trended online in July 2022 as some Congolese citizens and their government accused Rwanda of supporting the resurgence of attacks by the M23 rebels that claim to protect ethnic Rwandans that are native to eastern Congo, especially the Tutsi ethnic group.

The disinformation is particularly pronounced on social networking and sharing platforms such as Facebook, Twitter, and WhatsApp. However, some mainstream media, including private radio and television stations, have played an active role in manipulating information and entrenching hate speech against some members of the Congolese Kinyarwanda-speaking communities and Rwandan nationals.

Yet it is not media actors on one side of the border that are actively promoting disinformation. Journalists and media houses on the Rwandan side were also accused of propagating anti-Congo disinformation, notably that related to the Congolese government’s alleged support for anti-Rwanda armed groups. Often, those who promote the pro-Rwanda narrative are engaged in exchanges with the pro-Congo influencers on social media, with both sides utilising disinformation.

Participants at the Rubavu meeting noted that politicians have been at the forefront of using disinformation to push nationalistic and populist agendas against the Rwandan community living in Congo’s North Kivu and the South-Kivu provinces. As one Congolese journalist explained, “The disinformation and hate speech narratives have been mostly pushed by politicians and this has been done for petty political and personal interests.”

Yet another journalist, who operates from the Congolese city of Goma, noted that some prominent members of the community, “such as religious leaders, influential civil society leaders, and grassroots leaders have also played a major role in peddling and spreading false narratives and fake news.”

Participants also identified political analysts, social media influencers, bloggers, local civic leaders and ordinary citizens, as some of the actors behind the current spate of hate speech and disinformation within the digital space of the two countries.

It was noted that many journalists, both in DR Congo and Rwanda, lacked the capacity to verify the information and had become complicit, knowingly and unknowingly, in spreading disinformation. Furthermore, because most citizens could not easily identify disinformation and tended to believe most information they received through mainstream and social media platforms, fake news was thriving and spreading rapidly.

Nadine Kampire from the Goma-based media network Afia Amani Grands Lacs, said the Rubavu meeting was timely, as fake news and hate speech were rampant on various Congolese and Rwandan social media. It was therefore necessary for journalists to appreciate the extent of the problem, to develop skills in fact-checking, and to build networks for sharing credible information with counterparts across borders.

The Effects

For the residents of Goma and Rubavu, the effects of disinformation and hate speech on regional peace and stability are all clear. The disinformation, escalation of conflict and whipping up of hate speech, have led to a substantial decline in the movement of people and goods and continue to undermine cross-border trade. As a result, this has negatively affected the livelihoods of hundreds of small-scale traders and community members.

Further, the standoff between the two countries has prevented many learners from attending school as they fear crossing the border. Notably, many Rwandans in Rubavu attend schools in the much larger city of Goma across the border.

Fidèle Kitsa, a Congolese journalist working with Star Radio in Goma, noted that hate speech and disinformation have caused negative social, economic and educational consequences within communities in the border towns. He said the price of food and commodities increased, the population has been radicalised, pessimism towards certain information on social media increased, and the peaceful coexistence of the populations in two cities has been harmed. These effects are evident beyond the border towns, all the way to the Congolese capital Kinshasa.

The tension is palpable, even here in the capital [Kinshasa] where we really see acts of xenophobia between the Congolese and Rwandans all day long. All it takes is one click, one video, one publication and it can quickly go viral, because in our minds, our subconscious, the information is there. We are just waiting for something to trigger it. – Dandjes Luyila, Journalick, CongoCeck

A Rwandan editor summed up the effects: “The rampant spread of fake news, political propaganda, and hate speech across social media and through the mainstream media has breached trust and the social relationship between the communities living on both sides of the border.”

Recommendations

At the end of the meeting, a number of recommendations were made that can help to stem the spread of disinformation in DR Congo and Rwanda.

Journalists:

Journalists:

  • Abide by ethical standards that promote accuracy, fairness, and objectivity in the coverage of news.
  • Fact-check every piece of information before disseminating it.
  • Provide news and information in an unbiased way.
  • Actively promote peace and security.

Media development agencies:

  • Hold regular training on fact-checking for journalists.
  • Provide small grants to support journalists to pursue in-depth stories on the ongoing conflict in the region as a way of providing accurate information to the public.
  • Enhance collaboration between journalists within the East and Central African region. This includes the creation of a regional association of journalists and media professionals.
  • Support media initiatives that are working towards identifying and fighting disinformation and fake news.
  • Support fact-checking initiatives for journalists.
06Dec

Highlights of The African Internet Rights Alliance (AIRA) Work Advancing Online Freedoms

Author CIPESA Posted on

By CIPESA Writer |

The African Internet Rights Alliance (AIRA), a coalition of civil society organisations from around the continent, has racked up various joint interventions to advance digital rights on the continent. The Alliance works to promote privacy and data protection, affordability and access to the internet, access to information and freedoms of assembly, expression and the media.

The formation of the network was informed by the growing affronts to digital rights on the continent and the need for civil society actors to pool efforts so as to enhance their effectiveness in undertaking research, advocating policy and legislative reform, and capacity building, among other areas of intervention.

Each month, more than half a billion Africans access the internet – this is more than all the internet users in North America and the Middle East combined – and that number continues to grow. As the internet and digital technology become more and more integrated into all aspects of life, governance, and the economy in Africa, the inequalities and challenges we face online are reflected offline. We face new challenges to our human rights in the digital context – including unequal access, censorship and violence online. We must work together to ensure that everyone’s digital rights are respected and protected.

Over the past five years, internet shutdowns, stifling of dissent, poor data governance and various forms of online violence have persisted, perpetrated both by the government and the private sector, despite increased calls for progressive policy and practice. In order to advance collaborative approaches to promote digital rights, a coalition of civil society organisations came together to pool experience and expertise under AIRA. The alliance was unveiled at the 2020 Forum on Internet Freedom in Africa (FIFAfrica20) and also presented at the 2020 global Internet Governance Forum (IGF).

The AIRA members include Amnesty International, ARTICLE 19 Eastern Africa, BudgIT, the Centre for Intellectual Property and Information Technology Law (CIPIT), Co-Creation Hub (CcHub), the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), the Kenya ICT Action Network (KICTANet), Legal Resource Centre (LRC) and Paradigm Initiative (PIN). Many of the alliance members had worked together over the past three years and realised the need for transnational collaboration and coalition-building to protect and expand digital rights across Africa.

Below are some highlights of AIRA’s work

  • Developed and distributed key digital rights terminology guidance to journalists.
  • Hosted a media webinar on digital rights, Covid-19 and elections across Africa.
  • Submitted joint letters to the United Nations and African Commission on Human and Peoples’ Rights regarding the use of Kenya’s Computer Misuse and Cybercrimes Act and Nigeria’s Cybercrimes Act.
  • Facilitated a joint social media campaign aimed at condemning governments who have unfairly detained journalists.
  • Supported the revision of the Declaration of Freedom of Expression and Access to Information of the African Commission on Human and Peoples’ Rights (ACHPR); and
  • Engaged with the media on digital rights challenges and opportunities.

Explaining the spirit behind AIRA
“AIRA was largely borne out of the need for movement building in campaigns for universal access and tackling inequalities and human rights challenges faced by Africans online, which are reflected offline. These challenges vary country by country, sub-region by sub-region and indeed, from one user to the next. However, norm setting requires a unified approach and platforms for collaborative learning and engagement – which AIRA seeks to do, in tandem with other pre-existing digital rights coalitions,” said CIPESA Executive Director Wairagala Wakabi. 

“The AIRA coalition is uniquely positioned to undertake value-based, collective interventions and executes strategic initiatives that engage the government, private sector, media and civil society to institute and safeguard digital rights. Instructively, one limb of our multi-faceted digital rights work encourages government to espouse our four values – accountability, transparency, integrity and good governance – as they roll out inevitable digital policies and action plans,” said KICTANet Convenor Grace Githaiga.

“AIRA members vocalise the needs and challenges of millions of individuals across Central, East, Southern and West Africa, including individuals who remain disconnected from the digital sphere, those at risk of being disconnected, and those who are already connected, albeit poorly,” said Legal Resources Centre Legal Researcher Edwin Makwati. 

“In the face of COVID-19, Internet shutdowns and stifling of dissent, digital rights across Africa are under threat more than ever before. AIRA is prepared to pool its experience and expertise to advance digital rights and is well positioned to hold governments and the private sector accountable for any violation of those rights,” said Amnesty International Technology Advisor Kiggundu Mark. 

“Together, we can do so much,” said Paradigm Initiative Executive Director ‘Gbenga Sesan. “We invite others to join us in the movement to establish, advance and protect digital rights for all on the African continent.” 

Learn more about AIRA here 

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