Laws Used to Silence Media and Activists in Africa Need Reform, New Report Urges
The researchers found that even when protections for free speech and press freedom exist on paper, authorities frequently use other laws to harass and silence critics.
JOHANNESBURG, South Africa - A new report is sounding the alarm about how cybercrime and media laws are being misused across southern Africa to crack down on journalists, activists and opposition voices, writes Winston Mwale.
The report was presented Thursday during an online meeting hosted by the Advacing Rights in Southern Africa (ARISA), an organisation promoting free expression across the sub-region.
Presented by its key authors, Dianne Hubbard and Frederico Links, the report provides an extensive examination of legal frameworks related to media and technology in the 15 countries of the Southern African Development Community (SADC).
The researchers found that even when protections for free speech and press freedom exist on paper, authorities frequently use other laws to harass and silence critics.
"There is a need for attention to the independence of regulatory bodies, particularly where they have significant degrees of discretion," said Hubbard, one of the report's authors.
The report highlights how cybercrime laws often prohibit accessing or disseminating materials obtained through illegal access to computer systems.
This allows authorities to punish journalists and activists who publish leaked documents in the public interest, even if they were not involved in obtaining them.
Defamation and insult provisions in criminal codes are also frequently used against reporters, activists, and opposition figures across the region.
"These are often remnants of colonial laws," Hubbard said.
Meanwhile, media regulatory agencies are given broad discretion to suspend licenses and censor content with little oversight.
"Where there is political will to inhibit speech, legal tools will be found," Hubbard warned.
The report studied recent cases across the region where laws have been applied to harass journalists and restrict free expression.
For example, in Eswatini in 2019, the government used cybercrime provisions to threaten publications that reported on leaked documents exposing royal expenditures.
To protect rights, the report recommends reforms to bring laws in line with African and international standards on free expression.
This includes limiting surveillance powers, censorship, internet shutdowns, and content takedown rules. It also calls for doing away with insult and criminal defamation laws.
Regionally, "journalists and media organisations are encouraged to form effective information and advocacy sharing networks," said Links, the report's co-author.
This can help raise awareness and engage governments on press freedom issues.
Press advocacy groups say media freedom has declined sharply in recent years in many African countries, including regional powers like Tanzania and South Africa.
"The enabling of state surveillance abuse and/or overreach has become a primary concern," the report warns.
The researchers consulted legal texts and case records and interviewed experts across SADC countries.
They say the report aims to spur discussion and advocacy as governments continue expanding cyber laws and surveillance.
The comprehensive online discussion was attended by policymakers, legal experts, digital rights advocates, journalists, and members of civil society from various SADC countries.
The event concluded with a call for further collaboration and dialogue between stakeholders in order to refine and implement cybersecurity laws that protect both digital rights and security.
*Download the report below:
