MISA REGIONAL ANNUAL REPORT Introduction The year under review – 2021 – was a particularly difficult year for the media in Southern Africa, with the right to freedom of the media and freedom of expression coming under increased strain. The breakout of the COVID-19 pandemic in 2020 saw the introduction of new legislation that saw the right to freedom of expression being curtailed across the region during the year under review. Media Freedom and Digital Rights South Africa was the first country to come up with false news laws regarding the pandemic, with other countries such as Zambia and Zimbabwe, following suit. This marked the onslaught on freedom of expression and digital rights in the media. Following a resolution in Maputo in 2020, where Southern African Development Community (SADC) Heads of State and Government resolved to take preemptive action against the abuse of social media particularly during elections, a sustained onslaught on media freedom and digital rights got underway. Zambia quickly cobbled the Cyber Crimes and Cyber Security Act (2021), which has been challenged in that country’s courts as it ostensibly violates the right to freedom of expression and the right to protection by the law. Zimbabwe followed suit with the enactment of the Cyber and Data Protection Act, which despite having some progressive provisions, also has sections that have the potential to infringe on the right to freedom of expression. The Zimbabwean law has provisions that prohibit the publication of falsehoods online despite a previous court ruling that decriminalised the publication of falsehoods. At the time of the writing of this report a cyber security law was being drafted in Namibia. In Lesotho, a parliamentary portfolio committee dismissed the Computer Crime and Cybersecurity Bill of 2021, as well as the Communications (Subscriber Identity Module and Mobile Device Registration) Regulations of 2021 from the National Assembly, to allow for the Minister of Communications, Science and Technology to go back and revisit the two pieces of legislation. This has not been helped by internet shutdowns in the region. In Eswatini, the government shut down the internet on at least two occasions following demonstrations against the Monarchy in that country. MISA engaged the authorities and wrote a petition to King Mswati III and the government advising against the dangers of shutting down the internet and how that was a violation of freedom of expression. Legal action has since been taken against the government for the internet shutdowns. Furthermore, in June 2021, MISA, together with the African Freedom of Expression Exchange (AFEX), Collaboration on International ICT Policy for East and Southern Africa (CIPESA), IFEX and Panos Institute Southern Africa, petitioned the Eswatini Prime Minister to ensure that the internet, social media platforms, and all other communication channels remained open, secure, and accessible regardless of the protests that were taking place in that country. The organisations pointed out that shutting down the internet was “abhorrent and undemocratic” and was a clear violation of the ACHPR principles. The African Commission on Human and Peoples’ Rights (ACHPR) Resolution of 2016, recognises the “importance of the internet in advancing human and people’s rights in Africa, particularly the right to freedom of information and expression.” The ACHPR/Res. 362 (LIX) 2016, also condemns the “emerging practice of State Parties interrupting or limiting access to telecommunication services such as the internet, social media, and messaging services”. In that regard, MISA wrote to the United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, and, the African Commission on Human and Peoples’ Rights Special Rapporteur on Freedom of Expression and Access to Information regarding the disturbing trend in Eswatini, where the government resorts to internet shutdowns and escalates media violations in the wake of protests in that country. In August 2021, Zambia held general elections. When it was increasingly becoming evident that the incumbent government was losing, the authorities ordered a partial shutdown of the internet. This resulted in social media platforms such as Facebook and Twitter and instant messaging platform, WhatsApp being inaccessible. Tanzania held elections in October 2020, but well into 2021, a partial shutdown of the internet remained in place, with access to social media platforms being restricted. People in Tanzania had to resort to the use of Virtual Private Networks (VPNs), to access social media platforms. From the foregoing, it can be concluded that there is a sustained attack on media freedom, freedom of expression and digital rights in the region. With the internet increasingly becoming ubiquitous, there is a real possibility that attacks on freedom of expression and of the media will continue to increase. MISA Regional 2021 Annual 2021 Report 6