A common retort is that
surveillance tools will aid in the
fight against crime.

DIGITAL SURVEILLANCE:
AN EXISTENTIAL
THREAT TO FREEDOM OF
EXPRESSION

T

HE
internet
is
increasingly becoming
ubiquitous,
thereby
enhancing the exercise
and
enjoyment
of
citizens’
rights
to
access
to information, freedom of
expression and the broader
democratisation agenda.
Thanks to the internet and new
digital technologies, journalists
can now reach more audiences
than ever before.
The long and short of it is that
the citizens of Southern Africa
now have access to information
at the tip of their fingers,
literally.
While
the
democratising
effect of the internet and new
technologies is beyond doubt,
many governments are turning
to surveillance, which threatens
the very democratic rights that
citizens seek to enjoy.
Protecting
sources
of
confidential information is at
the heart of journalism.
UNESCO notes that privacy is
a prerequisite for journalists to
do their work and ensure access
to fact-based and reliable
information.
Privacy is necessary for
journalists to communicate
freely with sources, receive
confidential
information,
investigate corruption, and
guarantee their safety and that
of their sources.
Therefore,

it

is

worrying

that governments and big
corporations are working to
undermine the right to privacy
by acquiring advanced software
to spy on citizens and, by
extension, journalists.
The acquisition of digital
surveillance tools and other
forms of spyware will translate
to fewer people willing to
pass confidential information
to journalists and this will
undermine the right to access
to information and ultimately
affect democracy.

“UNESCO
notes
that privacy is a
prerequisite
for
journalists to do
their work and ensure access to factbased and reliable
information.
In Southern Africa, Botswana,
Zambia and Zimbabwe are
some of the countries that have
been reported to have acquired
sophisticated software to surveil
their citizens. (1)
These governments have so
far not been transparent about
how they intend to use these
technologies in the surveillance
of their citizens.

However, there is need to
strike a balance between
fighting crime and protecting
citizens’ rights, such as the
right to privacy and to access
information.
Building up on last year’s
World Press Freedom Day,
which recognised information as
a public good, in 2022, we can
also argue that transparency is
a public good.
Governments
should
be
transparent
about
what
information they collect from
citizens and what they intend
to use it for.
There should always be
transparency and accountability
backed by judicial oversight
on the data that they collect
to minimise infringements of
citizens’ right to privacy.
Surveillance of citizens should
not be indiscriminate and
should serve a clear purpose.
Among others, Principle 41
of the Declaration on Principles
of Freedom of Expression and
Access to Information in Africa
provides that states shall not
engage in or condone acts of
indiscriminate and untargeted
collection, storage, analysis
or sharing of a person’s
communications.
In addition, the International
Principles on the Application
of
Human
Rights
to
Communications Surveillance
highlights that any form of
surveillance should be guided
by the principle(s) of legality,
legitimate
aim,
necessity,
adequacy and proportionality.
If left unchecked, digital
surveillance of citizens and,
by extension, of journalists is
the latest threat to freedom
of expression, freedom of the
media, access to information
and the right to privacy.

STATE OF PRESS FREEDOM IN SOUTHERN AFRICA REPORT 2021 5

Foreword

Select target paragraph3