From limitation to derogation of rights: Revisiting internet shutdowns during elections in Africa
Posted: 14 June, 2024 Filed under: Chrispin Bosire | Tags: Access to Information, Access to the internet, African Charter on Human and Peoples’ Rights, data protection, digital rights, dissemination of opinions, elections, free speech, Freedom of Information and Expression, government-led internet shutdowns, human rights standards, illegitimate restrictions, internet disruptions, internet shutdowns, liberty of expression, national security concerns, press freedom, violation of rights, vital electoral information Leave a comment
Author: Chrispin Bosire
Advocate of the High Court of Kenya
Introduction
Free access to information, free speech and liberty of expression contribute to democratic elections. Article 9 of the African Charter on Human and Peoples’ Rights (the African Charter) guarantees the right to receive information and safeguards freedom of expression and dissemination of opinions. Access to information and press freedom are important elements of free expression. This right is now exercised both offline and online, as provided under Principle 5 of the 2019 press freedom. However, systemic internet disruptions and restrictions on access to communication platforms are on the rise in Africa. This has negatively affected the people’s right to expression during elections, and meaningful access to vital electoral information, necessary to make informed decisions.
Ensuring the safety, effectiveness, and ethics of digital mental health solutions: a regulatory imperative
Posted: 9 March, 2023 Filed under: Abasiodiong Ubong Udoakpan | Tags: data protection, development, digital health interventions, digital mental health solutions, equitable access, Evidence-based regulation, General Data Protection Regulation (GDPR), health disparities, mental health, privacy, regulatory frameworks, resource constraints, Risk-based regulation, User-centered regulation, WHO framework, World Health Organization (WHO) Leave a comment
Author: Abasiodiong Ubong Udoakpan
Data Protection Advisor, Researcher and a Human Rights Lawyer
Introduction
As the use of digital mental health solutions continues to grow, there is an urgent need for regulatory frameworks to ensure their safety, effectiveness, and ethical use. The regulatory landscape for digital mental health solutions is complex and evolving. At the global level, the World Health Organization (WHO) has developed a framework for digital health that includes guidance on the development, evaluation, and regulation of digital health interventions. The WHO framework emphasizes the need for evidence-based interventions that are safe, effective, and ethical, and that are responsive to the needs of different populations. The framework also highlights the importance of data protection and privacy, as well as the need for equitable access to digital health solutions.[1]
Freedom of expression and combating terrorism in Mozambique: the challenge of enacting laws in a context of conflict
Posted: 6 February, 2023 Filed under: Dércio Tsandzana | Tags: Countering Terrorism, data protection, disappearance of journalists, false news, freedom of expression, freedom of press, fundamental freedoms, human rights, international human rights standards, Mozambique, Social Communications Law, terrorism 1 Comment
Author: Dércio Tsandzana
Researcher / Professor of political science at Eduardo Mondlane University
- Introduction
This article analyses two laws that are undermining freedom of expression (and freedom of press) in the context of conflict in Mozambique. The first is the proposed Law of Communications that intends to review the press law[1] and the second is a law aimed at fighting terrorism in Mozambique.[2] Both were proposed at a time when Mozambique has been experiencing ongoing armed conflict in Northern Mozambique since October 2017.[3] Since then, several cases of human rights violations, imprisonment and disappearance of journalists have been reported.[4] On 29 October 2022, a Mozambican journalist was forcibly disappeared in Cabo Delgado – he had been arrested while in the course of his trade.[5] Thus, the approval of new laws in contexts of military tension may not only undermine freedom of expression in the country, but can also violate human rights in general. It is necessary to understand what impact these laws may have on the respect for freedom of expression and how they can affect the way information is disseminated in the context of conflict, where the spread of false news tends to increase.[6]
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