28 future surveillance on citizens’ movements and activities. One of South Africa’s applications, COVID Alert, for example, was reportedly downloaded by over 1 million people since its launch in September 2020, allows users to determine whether they have come into contact with someone who had tested positive for Covid-19. While the application is anonymous, digital rights researchers noted that there are questions around the security of users’ personal data and that greater transparency is needed to protect individuals’ digital freedoms now and in the future. (28) The above, therefore, clearly highlights how governments’ responses to Covid-19 in the region impacted digital rights. CONCLUSION AND RECOMMENDATIONS It is clear that digital rights are human rights. Digital rights are attainable and advocacy towards their protection is not technical or complex. This report has elaborated on the state of digital rights in Southern Africa particularly the entrenched factors that continue to infringe on the exercise of these rights. Internet access and affordability remain a critical issue especially the noted digital divides over gender, location, income levels and age. Governments also have a key task to play with regards to evaluating the existing legislative provisions, which need to be informed by the set international standards and best practices towards the promotion of digital rights especially freedom of expression and the right to privacy. A multi-stakeholder approach to internet governance is the foundational basis for the creation of an optimum environment for the exercise of digital rights. In that regard, governments, through policy makers and enforcement officers and the judiciary have a critical role to play through the legal and justice system to remedy the existing unjustifiable limitations to digital rights, while civil society actors, players in the telecommunications industry and the regulators as well should undertake initiatives towards digital inclusion and digital literacy. Going forward the following recommendations are worth considering for the region: ● There is a need to influence and support the enactment of legislative and policy interventions that bridge the digital divide ● Civil society organisations should advocate for the promotion of a culture of cybersecurity in both public and private institutions ● Women should be made aware of policies and product features that they can rely on promote online safety ● Scoping of rural and marginalised communities for purposes of infrastructure development towards the promotion of internet access ● Facilitate trainings in rural and marginalised communities on the use of ICTs so as to promote digital inclusion ● Legislative provisions should be guided by international standards and best practices as earlier discussed including that limitations to rights should be lawful, proportionate and necessary. ● For purposes of curbing disinformation, governments should desist from the use of wide and vague laws that promote self-censorship and instead tackle it through adequate provision of substantive information and encouraging and embracing the use of fact checking and information verification tools. references (1) http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/38/L.10/Rev.1 (2) https://www.theguardian.com/global-development/2020/aug/05/zimbabweanlivesmatter-celebrities-join-campaign-against-human-rights-abuses (3) https://ewn.co.za/topic/data-must-fall (4) https://www.statista.com/statistics/1176654/internet-penetration-rate-africa-compared-to-global-average (5) https://datareportal.com/reports/digital-2020-south-africa (6) https://a4ai.org/affordability-report/report/2020/#annexes (7) This table was informed by the Alliance for Affordable Internet 2020 Report statistics and is specific to countries in Southern Africa. (8) https://literacy.ala.org/digital-literacy/ (9) https://naerjournal.ua.es/article/view/v10n1-1#toc-5 (10) https://zimbabwe.misa.org/2020/05/19/cybersecurity-and-data-protection-bill-entrenches-surveillance-an-analysis/ (11) 2014 (1) ZLR 719 CC (12) https://www.theguardian.com/world/2021/jan/08/zimbabwe-journalist-hopewell-chinono-ar- rested-for-third-time-in-six-months (13) https://freedomhouse.org/country/malawi/freedom-net/2019 (14) FREEDOM OF EXPRESSION ENVIRONMENT DETERIORATES AS TANZANIA HEADS FOR ELECTIONS https://zimbabwe.misa.org/2020/10/21/freedom-of-expression-environment-deterio- rates-as-tanzania-heads-for-elections/ (15) https://www.mediadefence.org/ereader/publications/advanced-modules-on-digital-rights-and- freedom-of-expression-online/module-2-restricting-access-and-content/internet-shutdowns/ (16) https://www.dw.com/en/tanzania-restricts-social-media-during-election/a-55433057 (17) https://netblocks.org/reports/internet-disrupted-in-malawi-on-election-day-Q8oOrl8n (18) https://netblocks.org/reports/zimbabwe-internet-disruption-limits-coverage-of-protests-7yN- V70yq (19) https://zimbabwe.misa.org/2019/01/21/high-court-sets-aside-internet-shut-down-directives/ (20) https://www.achpr.org/public/Document/file/English/draft_declaration_of_principles_on_free- dom_of_expression_in_africa_eng.pdf (21) https://link.springer.com/article/10.1007/s12142-020-00608-8 (22) https://www.business-humanrights.org/en/latest-news/report-uncovering-clients-cyberespio- nage-firm-circles/ (23) https://webfoundation.org/2021/03/how-online-gender-based-violence-affects-the-safety-of- young-women-and-girls/ (24) http://www.connectingafrica.com/author.asp?section_id=761&doc_id=758294 (25) A Nyathi et al ‘Cele: 8 People Arrested for Spreading Fake News on Covid-19’ https://ewn. co.za/2020/04/07/cele-8-people-arrested-for-spreading-fake-news-on-covid-19 . (26) http://www.gov.sz/images/CORONA/The-Coronavirus-COVID-19-Regulations-2020.pdf . (27) https://cpj.org/2020/04/swaziland-journalists-harassed-threatened-with-tre.php (28) https://news.trust.org/item/20201222105615-l1y43/