Change Makers

What are some of the most promising
innovations, best practices, and
initiatives that are contributing to the
expansion of Internet freedom and
digital rights in Africa?
One innovative initiative that has contributed to the
expansion of Internet freedom and digital rights in Africa over
the last decade has been the conceptualization,
development, and adoption of the African Declaration on
Internet Rights and Freedom, which was built on a rich
heritage of civil society freedom of expression advocacy and
standard setting in Africa.
The Declaration came out of an idea Prof. Kwame Karikari,
then Executive Director of the Media Foundation for West
Africa (MFWA), and I conceived sometime in February of
2013 to develop a set of principles that would inform and
possibly inspire policy and legislative processes on Internet
rights, freedoms, and governance in Africa.
At the time, we were very concerned about policy-making by
governments across Africa in the digital communications and
Internet sectors, particularly in the areas of cybersecurity and
cybercrime. That policy environment was characterized by a
combination of fear, ignorance of digital technologies, and a
desire to control more outspoken populations engaging in
public debates about governance and other issues using
digital platforms and social media. Working with a number of
civil society stakeholders, led by Anriette Esterhuysen, then
Executive Director of the Association for Progressive
Communications (APC), we engaged in a collaborative
process of harvesting the expertise, experiences, contacts,
and other resources that different organizations could bring
to the table.
The Declaration, which emerged at the end of the process,
was intended to guide the creation of a positive, rights-based,
and democratically governed Internet policy environment in
Africa. It was also a major advocacy tool in the development
of the Declaration of Principles on Freedom of Expression and
Access to Information in Africa. Other promising initiatives
and good practices have been efforts by a number of civil
society organizations to monitor violations of digital rights
and Internet freedom with the findings from such monitoring
activities serving as a basis for advocacy and campaigns on
Internet freedom.

14

What are some of the
emerging threats or
pressing challenges to
Internet freedom in Africa,
and how can we stay
ahead of them?
Strictly speaking, it is not accurate to call this
an emerging threat, but it is an ongoing
threat and, I believe, one of the most serious
challenges facing the Internet regulatory
environment in Africa and, perhaps, in some
other regions.
There is no doubt that governments have a
responsibility and frequently a legitimate
desire to curb online criminal activities,
particularly financial crimes and terrorist
activities. But we continue to witness clear
instances where the pursuit of these
apparently legitimate objectives is also being
used to introduce provisions that have no
direct relevance to these goals but are
merely intended to curtail criticism of the
government.
In addition to this challenge, many African
governments do not have the technical and
legal competence to legislate on such a
complex issue as the Internet. They,
therefore, often depend on other countries
to pass their own laws. But in their efforts to
regulate the Internet and online activities,
such governments appear to “learn” from
the worst examples and replicate what I
would call “international worst practice.”
The tendency is for these governments to
take laws of questionable legitimacy from
other countries or other regions and adapt
them in their countries with little or no
changes. Usually, the context and local
conditions in these countries are very
different. Additionally, in most cases, many
critical stakeholders are excluded from the
policy or legislative processes, and so there is
no
input
from
non-governmental
stakeholders.

A CIPESA Series

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