2020 and freedom of expression online

Looking back at 2020, it’s clear that government reactions to the pandemic have reduced freedom of expression for people across Eastern Africa. Key challenges include the criminalisation of opinions expressed online, poor accessibility and affordability of the Internet for all, and inadequate privacy and data protection for individuals and communities.

In 2020, the media and other actors began documenting the arrests of bloggers, citizen journalists, and politicians in Kenya and beyond. Names of various individuals, including Idris Sultan, Milton Were, Stella Nyanzi, Valentin Muhirwa and Elizabeth Kebede frequently appeared in newspapers and TV reports for allegedly insulting a political figure, or spreading false information.

However, the problems being underscored by media houses and human rights organisations were two-fold. Firstly, governments began surveilling social media platforms in full force; and woe unto you if their spotlight fell on you. For some individuals, this would translate to a couple of hours or days in an interrogation room, a prison cell, or a court appearance.

Secondly, governments continued to misuse vague provisions in new and existing laws and policies to criminalise freedom of expression. These include the Computer Misuse and Cybercrimes Act (Kenya), the Penal Code (South Sudan and Uganda), the Electronic and Postal Communications (Online Content) Regulations (Tanzania), and the Information and Communications Technology (ICT) Law and Media Law (Rwanda).

In Kenya, Tanzania, Uganda, Rwanda and Ethiopia, state agents intimidated, detained, summoned, arrested, charged, or imprisoned 23 Internet and digital technology users for criticising public health measures and authorities, and commenting on other social and political issues. In Kenya, the notoriety of agents at the DCI, and their preference for Sections 22 or 23, Cybercrimes Act is well known.

2020 was also marked by reports that contact tracing applications for smartphone users were installed without appropriate safeguards, and without obtaining prior informed consent. Here, inadequate protections of personal data by governments and private actors in the region were flagged by users and human rights organisations as a key challenge. However, these concerns were frequently camouflaged by rosier stories about the benefits of Google’s Loon project, public-private partnerships to expand ICT infrastructure, and temporary reductions in the cost of broadband services, amongst others.

Underpinning these two challenges was the issue of access and affordability. In 2018, broadband penetration rates painted a concerning image: Ethiopia (16 per cent), Kenya (35 per cent), Rwanda (11 per cent), South Sudan (5 per cent), Tanzania (13 per cent) and Uganda (14 per cent), according to Broadband Commission Working Group on Broadband for All. The 4G mobile broadband penetration rates were lower.

Based on these statistics, for some, work, protesting or electoral campaigning mandates became impossible without online and digital tools, platforms and technologies. For others, including people in rural, unserved and underserved areas, limited access to the Internet has meant that local community voices have remained absent or invisible, and their experiences ignored during national discussions.

One of the tools available to governments to bridge the digital divide is universal access and service mechanisms. Predictably, implementation of these mechanisms varied across the region, and governments fell short of their accountability and transparency obligations in this regard.

Here, governments either irregularly published annual mechanism reports, or provided inadequate budgetary and project information. This prevented civil society and the public from examining funding mechanisms.

Ensuring support for digitisation efforts requires governments to respect, protect, and fulfil human rights, both online and offline. To do this, governments should refrain from criminalising free speech and repeal laws and policies which unjustifiably restrict the right to free expression. Governments should also proactively promote the public’s right to know, and prioritise the enactment and proper implementation of data protection legislation.

ARTICLE 19 Eastern Africa’s new report, ‘Freedom of Expression and the Digital Environment in Eastern Africa’ (2020) canvasses these and other issues.

Ms Mwanzia is a Digital Policy Consultant at ARTICLE 19 Eastern Africa (Kenya). Ms Ishmael is a Communications Lead at ARTICLE 19 Eastern Africa (Kenya)