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reinstatement of the internet.
In his September 2019 report, the UN Special
Rapporteur on the Rights to Freedom of Peaceful
Assembly and of Association, Clement Nyaletsossi
Voule recommended that the government of
Zimbabwe should refrain from introducing
restrictions on access to and use of the Internet,
including shutdowns.
However, in July 2020, there were reports
that the government of Zimbabwe had throttled
the internet, after activists called for nationwide demonstrations on 31 July 2020 and the
government responded by slowing down the
speed of the main internet gateway, TelOne (12).
Zambia has repeatedly stated its intentions to
regulate cyberspace, especially to deal with “fake
news”. The debate on regulation of online spaces
has been rife, culminating into three Bills in the
process of enactment.
The Data Protection Bill, the E-Commerce Bill
and the Cybersecurity Bill are aimed at addressing
what is being called “social media lawlessness”.
These proposed laws, if not aligned to international
standards and best practices, may inhibit freedom
of expression and media freedom. Censorship of
the media in Zambia is also prevalent. In January
2020, the Permanent Secretary, Ministry of
Information Amos Malupenga barred the media
from using any statement from Zambian missions
abroad without prior clearance from the Ministry
of Foreign Affairs, in a letter he wrote to the
Zambia Daily Mail, Times of Zambia, ZNBC and
ZANIS. He argued that this would ensure “proper
organisation, coordination and consistency in
dissemination of information to the public.”
Earlier, in March 2019, the Ndola High Court
through an ex-parte order of interim injunction
gagged the Daily Nation newspaper from
reporting on the emerald mining scandals
involving Gemcanton Emerald Mine. The order
granted to Wolle Mining Limited restrains the
paper from publishing injurious articles.
And in June 2020, it is reported that members
of the ruling Patriotic Front disrupted a live
telephone interview at Kwenje radio featuring
opposition UPND leader Hakainde Hichilema by
tampering with the power supply system.
In July 2020, Tanzania passed the Electronic
and Postal Communications (Online Content)
Regulations that control online platforms, ahead
of its Presidential elections on 28 October 2020.
These regulations introduce exorbitant licence
fees for online content service providers and
internet service providers.
The motive and timing of the regulations

raise concerns as the operational environment
for the enjoyment of civic rights in the country
is shrinking further, especially as regards the
enjoyment of freedom of expression, media,
access to information and the right to assemble
online.
Malawi’s
Cybersecurity
and
Electronic
Transaction Act (2016) seeks to regulate online
transactions and in the process limits online
expression. The legislation has a number of
clauses that affect media freedom and freedom
of expression. Section 24 provides for restriction
of online communication in order to “promote
human dignity and pluralism in the expression
of thoughts and opinions,” “protect public order
and national security,” “facilitate technical
restrictions…” and “enhance compliance with the
requirements of any other written law.”
Most free speech advocates believe that
these clauses are broad and fail to provide a
clear framework of what amounts to “human
dignity…,” “public order and national security” or
“technical restrictions.” In addition, section 31
requires online content producers and editors
to publish their identity and other details of
their publication. This has a chilling effect and
promotes self-censorship.
The Lesotho Communications Authority issued
a draft of their Internet Broadcasting Rules, 2020,
aimed at regulating social media. The Rules
mandate all users with more than 100 followers
to register with the Authority and obtain an
“internet broadcasting allowance”. The proposed
Rules also give the Authority power to remove
posts.
These rules are said to be targeting social media
critics. In a report released by AfroBarometer in
October 2020, 51% of Basotho say that access
to the internet and social media helps people
to be more informed and active, and should
be unrestricted. The study also discovered that
only about 35% of Basotho supported internet
regulation by the government.
On 31 January 2020, Eswatini’s National
Commissioner of Police, William Dlamini,
stated that it had come to their attention that
there were “highly insolent and morality devoid
characters disseminating seditious, slanderous
and very insulting statements about the country’s
authorities via social media”, adding that they
would harshly deal with such perpetrators.
Namibia does not have adequate oversight
mechanisms to enable legitimate, proportionate
and necessary communication surveillance in
the digital age. The current legislative regime
including the Namibia Central Intelligence
Services Act of 1997 and the Communications Act

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