SUMMARY

T

his report presents the findings of a survey,
conducted in June 2013 via a partnership
between the Media Institute of Southern Africa (MISA) and Privacy International (PI).

Ninety journalists and bloggers across southern Africa participated in the survey, which revealed that
while there is general awareness of privacy laws
and regulations in the region, there still is considerable doubt and lack of awareness about frameworks
governing communications surveillance and privacy
protection.
Fifty seven per cent of the survey respondents are
aware of privacy laws in their country while the rest
are not. Although the majority answered in the affirmative, it would appear that their understanding
of these laws – as indicated by their answers – was
far from comprehensive. While a handful were able
to articulate the meaning and contextual application
of these laws in their individual countries, many gave
definitions that suggest that either privacy laws are
not clearly observed/understood in their countries or
they have just not read about them at all.

Ten per cent of the respondents have been attacked
for their online work, mainly in form of insulting
emails and comments on social networking sites
such as Facebook and Twitter. Some respondents
reported being threatened by government ministers
in their country. At least half of the respondents who
have not been physically abused stated that they
know someone (usually a friend or colleague) who
has been physically abused as a result of their online
work. The common modes of assault are physical
abuse and confiscation of equipment.
As much as 52% of respondents said they are familiar with human rights frameworks in their respective
countries while 36% said they are slightly familiar
with these. Nine per cent are not at all familiar with
the frameworks.
The majority of the respondents combine several
tools to conduct their work and general communication. Over 80% of the respondents use laptops and
mobile phones, while over 60% use traditional personal computers (PC) and digital cameras.

One respondent:
“South Africa is in the process of adopting new privacy laws, which govern, among other things, the
collection and processing of personal data... More
broadly, the constitution guarantees rights to privacy and dignity. The extent to which these limit free
speech rights is very much up for debate ... Current
intelligence legislation, however, appears to leave
unregulated highly intrusive forms of electronic surveillance provided aspects of the communication in
question pass out of the country, which leaves many
citizens and organisations vulnerable to eavesdropping by the state without credible oversight.
Another respondent:
“There are laws which regulate the dissemination of
private information and also which regulate the collection of personal information.”
While the survey reveals that as much as 85% of the
respondents have never been threatened or personally attacked because of the work they do online,
60% of them, however, suspect that their communication devices have come under threat from either spyware or malware. In almost all cases, such
threats are suspected to have originated from their
government.

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