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DIGITAL RIGHTS IN
SOUTHERN AFRICA

#ZimbabweanLivesMatter Campaign in 2020 (2)
against human rights violations in Zimbabwe
and also the #DataMustFall Campaign (3) against
high costs of mobile data.
The international standards and best practices
set out in instruments like the Universal
Declaration of Human Rights, the International
Covenant on Civil and Political Rights as well
as the African Charter on Human and People’s
Rights are still applicable and relevant to digital
rights.
Exercise of digital rights is, therefore, centred
by the capacity of individuals to exercise
their human rights through technology
and the internet, electronic devices and or
communication networks.

By Nompilo Simanje
INTRODUCTION
The internet has revolutionised the exercise of
freedom of expression and of the media Africa
and the rest of the world by providing channels
for information sharing by both individuals
and the media, fast and easier ways for
communication and also the means for general
public to organise itself for different causes.
However, governments have also tried to
control and or regulate the internet through
legislation and also administrative conduct, in
most instances contributing to the low levels of
internet penetration and use by individuals and
self-censorship.
The concept of digital rights is yet to be
fully embraced in Southern Africa, not only by
governments but also by the general public.
Several conversations relating to digital
rights, have centred on whether or not digital
rights are human rights. The United Nations
Human Rights Council resolution of 2018 on
the promotion, protection and enjoyment of
human rights on the internet aptly describes
and unpacks digital rights and highlights that
the same human rights that people have offline
must be protected online. (1)
Digital rights, also described as internet
rights, are, therefore, the same human rights
that people have and are entitled to offline.
These include media freedom and freedom
of expression, access to information and the
right to privacy. The internet has also provided
the platform for the exercise of freedom of
association and the right to demonstrate as has
been seen from several online campaigns like

It should be noted that the thematic issues
impacting exercise of digital rights vary with
the countries in the Southern African Region
for instance affordability of the internet is a key
concern in Malawi while in Mauritius it is not.
Also, exercise of digital rights varies among
different societal groups like women, young
people and the elderly.
According to After Access Report 2018, cost,
network service, access to devices, language
barriers and low levels of skills limit the
experiences of young people and the elderly
to make use of the internet. Woman also face
the additional barriers of cultural and gendered
norms that hinder their access or mobile phone
technology and to the internet.
This report will, therefore, elaborate on the
several factors that are influencing the exercise
of digital rights in Southern Africa which
include legislative provisions, internet access
and affordability, surveillance and censorship,
disinformation and propaganda among others.
The specific target countries in Southern Africa,
which shaped this report include Zimbabwe,
Zambia, Tanzania, Malawi and Lesotho.
Examples were also drawn from other countries
in the region.

ENABLERS FOR THE
EXERCISE OF DIGITAL
RIGHTS
INTERNET ACCESS
Internet access is a key enabler for the
exercise of digital rights. In 2020, the internet
penetration rate in Africa stood at 39.3 percent,

Select target paragraph3