• The increasing growth in utilisation and relevance of the Internet certainly
necessitates the creation of legal and policy measures to regulate its use
or help to deter crime, in order to enhance confidence and security in the
cyberspace. Her Zimbabwe has established that the internet is to a large
extent, an extension of offline social interactions and norms, which in
some quarters then necessitates some form of social content regulation
as well.
• Attempting to regulate online spaces comes with its own challenges.
There are risks of far reaching implications as seen for instance with the
ongoing ‘right to be forgotten’ debate. When a European high court
recently ruled that search engines were required to grant the right to be
forgotten online, it brought up a lot of questions about the implications
of altering historical records and making information that was lawfully
public no longer accessible, and how then to balance that with a
fundamental right to access to information. Then there is the question of
jurisdiction. That is, whether or not to define borders based on where a
technology company is headquartered. Where servers are hosted. Or
where the end users are.
• This potentially sets dangerous precedence wherein some governments
can push for their own de-linking rules and demand for things to be
deleted. This can then potentially lead to the lowering of standards.
• There have been numerous cases of disappearance of evidence from some
online spaces, almost in ways that makes the internet seemingly beyond
legal reach. Apart from this, the ever-evolving technologies of freedom
enable informed internet users to assume full anonymity, evade
detection or circumvent censorship using freely available and open

source tools. Even in countries where government regulation is heavy,
there is a massive wave of tools aimed at circumventing these barriers
such as virtual private networks that are especially popular and widely
used in China. There are also proxies that act as intermediaries between
user’s computer and end site Web platforms such as Tor that aim to
protect users identity by erasing tracks of where users have been.
Key considerations in regulating online content production
and audiences:
• Foremost, in the design of policies and strategies regarding the Internet,
it is important to recognise the importance of multi-stakeholder
approaches, as well as ensuring broad and diverse consultation with and
participation of civil society and other actors working in the public
interest. Such actors bring to the table, concrete human rights and civil
liberties concerns that should be considered at the inception of any
Internet related policy effort. Responsibility for cyber security should be
distributed and power should not be concentrated too much in one
particular place.
• Reference should be made on the need to protect human rights online
and offline as embodied in international human rights instruments; and
commitment to this should be unequivocal.
Necessary and proportionate principles:
i) Surveillance should be limited to specific known users for lawful purposes,
and should not undertake bulk data collection of Internet
communications..
ii) Ensure that intelligence agencies collect information under a clear legal
framework in which executive powers are subject to strong checks and
balances.

Panel Discussion Points
Gender
• The challenge of bringing gender balance into the cyberspace is real.
Women still remain the ‘subjects’ for online content and not the
producers and sources of this content.
• There is need to protect women’s rights online within the internet
governance framework. Women themselves should organise
themselves and ensure that they participate in the process of drawing
up regulation for the internet.
• Cyberspace presents opportunities for women to participate in
multi-stakeholder forums.
• Women should be made aware of their digital rights and also learn
about safe ways of identifying themselves especially those that may be
in fear of victimisation.
• Digital awareness and literacy are key in the internet governance
processes.

will have to bend to the whims of advertisers to remain viable.
• The need to have a clearer local content policy for Zimbabwe is also an
integral part of the internet governance conversation. A policy for the
sector will ensure that content creators and disseminators can be both
innovative and remain viable in a highly competitive environment.
• Most people who use the internet are not professional journalists and
therefore they do not have strict adherence to journalistic norms and
conventions. There are a lot of online violations and abuses owing to
the proliferation of citizen journalism. There is therefore need to
establish some degree of standards for online communications.
• The cost of social bundles and mobile data should be lowered in order to
improve citizens’ access to the internet.
Ethics and data protection
• There is little regard for journalistic principles and ethics, particularly
with user-generated content. Consensus must be reached on a standard
that is acceptable and accessible to individual online content producers.
• There is need for strategies on raising awareness on the copyright laws
and sterner measures against those who violate intellectual property
rights online.

Content generation and start-ups
• The challenge that advertisers often bring for people working online,
like any other business that relies on advertising revenue, is the
controlling effect on content. Advertisers continue to shun certain
websites because of certain content that they deem contrary to their
business values. This means that content creators and disseminators

INTERNET GOVERNANCE MULTISTAKEHOLDER
CONFERENCE REPORT 2015

020

www.misazim.com

@misazimbabwe

MISA Zimbabwe

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