25 SOUTHERN AFRICA PRESS FREEDOM REPORT 2019-2020 Governments in Southern Africa are also relying on internet shutdowns or throttling of the internet as a way of limiting freedom of expression. Such mechanism is mostly effected during elections or protests. The governments have done this through directives to ISPs and MNOs, ordering to limit access to or shut down the internet altogether. An internet shutdown typically involves the deliberate disruption of internet or electronic communications, to the extent they become inaccessible or unusable, generally targeting a particular population or within a specific location with the objective of exerting control over the free flow of information. (15) Zimbabwe had implemented a six-day internet shutdown in the midst of protests against the hiking in fuel prices and basic commodities. Internet access was eventually restored after MISA Zimbabwe and the Zimbabwe Lawyers for Human Rights filed an urgent chamber application at the High Court of Zimbabwe which resulted in the court ordering that the Minister of State for National Security had acted unlawfully by issuing a directive in terms of the Interception of Communications Act for the shutting down of the internet. (19) Having highlighted the above pattern of internet shutdowns in Southern Africa, it is very clear that such conduct by states unjustifiably and disproportionately infringes on the digital rights of citizens particularly their right to access information and also to freely express themselves. The Special Rapporteur on Freedom of Expression and Access to Information in Africa released an updated draft of the Declaration of Principles on Freedom of Expression in Africa which provides that: “States shall not interfere with the right of individuals to seek, receive and impart information through any means of communication and digital technologies, through measures such as removing, blocking and filtering of content, unless such interference is justifiable and compatible with international human rights law. In October 2020, Tanzania, during the presidential elections, access to social media platforms was restricted. It is reported that the Tanzania Communications Regulatory Authority (TCRA) ordered the country’s telecommunications service providers to suspend access to mass messaging (SMS) and voice services, leaving millions of people without access to reliable communication tools. (16) Similarly, in Malawi, during the Presidential elections in May 2019, an internet outage of several hours happened and according to Netblocks, Malawi Telecommunications Limited, fibre optic network SimbaNET and ICT infrastructure operator Malswitch were affected, while access appeared to remain generally available via privately-owned internet providers. (17) In Zimbabwe, on 31 July 2020, a day when an anti-corruption protest had been planned, it was reported that there had been a partial internet shutdown, with the internet speed being throttled by TelOne, which provides the country’s internet gateway. (18) In January 2019, States shall not engage in the wholesale disruption of access to the internet and other digital technologies for segments of the public or an entire population.” (20) Internet shutdowns are, therefore, a violation to digital rights and should be advocated against in Southern Africa. CENSORSHIP AND SURVEILLANCE The component on legislative provisions addressed the issue of censorship and surveillance that is being done through the law for instance in cybersecurity laws and also through Interception of communications laws and provisions. It should be noted that surveillance and or interception of communications can be lawfully done in instances where it is lawful, proportionate and necessary, where it is justifiable in an open and democratic society to promote public interest or public order or national security. In so doing, judicial oversight is also a key mechanism to also ensure that rights are protected.