This has given rise to continued
attempts by governments to
unjustifiably limit freedom of
expression using surveillance.
Of note are several reports
in 2020 and 2021, highlighting
that African states have been
relying on spyware for purposes
of surveillance on journalists
and political leaders, among
others. (1) (2) (3)
Further during the onset
of the COVID-19 pandemic
in 2020, several countries
deployed various technological
tools for purposes of monitoring
and tracking the spread of the
virus. (4)
These
tools
included
monitoring of mobile phones
and access to location data
through
mobile
network
operators as well as deployment
of contact tracing applications
in countries that include South
Africa and Botswana.
Consequently, these tools
have also opened potential
loopholes
for
surveillance.
Governments have, therefore,
been urged by civil society and
human rights activists to ensure
that such measures guarantee
anonymity and confidentiality
of government sources. (5)
This
research,
therefore,
interrogates the state of
surveillance towards media
practitioners from countries
in Southern Africa and posits
necessary
interventions
that can be implemented by
stakeholders to address vice.
Examples will be drawn
from countries like Malawi,
South Africa, Botswana,
Mozambique,
Namibia,
Tanzania,
Zambia,
Zimbabwe,
Lesotho
and
eSwatini.

THE STATE OF
SURVEILLANCE IN
THE SOUTHERN
AFRICA REGION
Evidence to date, shows
that countries in Southern
Africa have been deploying
various strategies and tools
for purposes of surveillance, in
countries such as Zimbabwe,
South Africa and Zambia.
It has been recorded that
online
harassment,
mass
and
targeted
surveillance,
data storage vulnerabilities,
and digital attacks (including
hacking) are among the many
ways that digital tools have been
used to jeopardise the safety
and integrity of journalists as
well as their sources. (6) (7) (8) (9)

(10) (11) (12) (13) (14)

Both State and non-State
actors use these tactics to
gain access to confidential
information and intimidate
journalists. (15)
The right to privacy is at the
centre of concern regarding
surveillance
in
journalism
because it is an enabling right
that facilitates the exercise of
other rights like the right to
access to information, political
rights, media freedom and
freedom of expression, among
others.
Within the context of Southern
Africa, the right to privacy is
a constitutional provision in
countries such as South Africa,
Zimbabwe, Zambia, Malawi,
Mozambique and Tanzania,
among others.
Unlawful mass or targeted
surveillance
is,
therefore,
a threat to the privacy of
journalists, particularly the
privacy of their property, which
includes mobile devices or
computers, the privacy of their
communication and also the
confidentiality of their sources,
which also contravenes the

right to media freedom.
The Botswana Constitution,
in particular, is one exception,
as it provides for the privacy
of the home or property, but
does not provide clear and
comprehensive
protection
of data or communication
that adequately safeguards
the
rights
and
interests
of
individuals,
including
journalists in line with the
latest trends. (16)
Apart from the Constitution,
the surveillance of media
practitioners can also be
appropriately addressed by
data protection laws that would
ideally address issues relating
to the collection or accessing,
the use and transmission of
personal information.
Eswatini, Tanzania, Lesotho,
Namibia, Mozambique, Malawi,
South Africa and Zimbabwe
are among the countries in
Southern Africa that have
primary legislations on data
protection and privacy.
While data protection and
privacy are protected in several
countries, as highlighted above,
both in constitutions and also
in data protection and privacy
laws, there are also other
pieces of legislation that impact
the two rights by authorising or
legalising surveillance.
The following is a regional
outlook
with
regards
to
interception of communications
through provisions within laws:
In 2020, several African
countries including Zimbabwe,
Zambia and Botswana were
reported to be customers of
Circle, a surveillance firm that
reportedly exploits weaknesses
in the global mobile phone
system to snoop on calls,
texts, and the location of
phones around the globe.
Circles is reported to be an
affiliate of the Niv, Shalev and
Omri Group Technologies (NSO
Group) that develops Pegasus
Spyware, which has been used

STATE OF PRESS FREEDOM IN SOUTHERN AFRICA REPORT 2021 13

being disseminated easily and
quickly through messaging
applications and other forms of
technology.

Select target paragraph3