Confronting Digital Hate: Africa’s Legal and Ethical Response to Hate Speech
Posted: 18 June, 2025 Filed under: Hlengiwe Dube | Tags: #NoToHate, AI, Artificial intelligence, communication landscapes, Countering Hate Speech, cyber-harassment, cyberstalking, Declaration of Principles on Freedom of Expression and Access to Information in Africa, discrimination, freedom of expression, gender equality, gender-based violence, gender-sensitive enforcement mechanisms, hate speech, hateful messages, hostility, human dignity, interconnected digital age, International Day for Countering Hate Speech, new technologies, peacebuilding, printed propaganda, sexist hate speech, UN Strategy and Plan of Action on Hate Speech, violence, vulnerable groups 1 Comment
Author: Hlengiwe Dube
Centre for Human Rights, University of Pretoria
Every year on June 18, the world comes together to observe the International Day for Countering Hate Speech, a solemn reminder that words can wound deeply and sometimes irreparably. Hate speech is not a new problem. Throughout history, language has been weaponised to demean, divide, and destroy, but today, in our interconnected digital age, the scale, speed, and sophistication of hate speech’s spread are unprecedented. This is especially true in Africa, a continent marked by extraordinary diversity in ethnicity, religion, culture, and language, where hate speech can quickly inflame tensions and threaten peace. The devastating consequences of hate speech in Africa are not merely theoretical. The 1994 Rwandan genocide stands as the darkest example, where incendiary radio broadcasts and printed propaganda dehumanised the Tutsi minority, turning words into deadly action. This tragedy also became a powerful lesson in the importance of vigilance, legal safeguards, and coordinated responses to hateful rhetoric.
More of the Humourist
Posted: 4 March, 2025 Filed under: Saniamu Ngeywa | Tags: abductions, art, cartoonists, cartoons, democracy, freedom of expression, governmental persecution, increased taxes, Kenya, lawless treatment, print media, rights of all to receive information, tools for creatively, Universal Declaration of Human Rights, violence Leave a comment
Author: Saniamu Ngeywa
LLM, University of Groningen, Netherlands
No Laughing Matter
Retrogressive times and events have taken Kenya back to an all-too-familiar phase, rendering citizens, funny guys, dissidents, and rights defenders shivering. Social media enthusiasts banter that political positions should have an undisputed requirement that the applicant must be able to take a joke, lest an exaggerated doodle puts a cartoonist in, to put it lightly, a sticky situation – governmental persecution, abductions, and lawless treatment.
African countries have, in the past, seen their artists persecuted for wordlessly conveying opinions. The pen, wielded as an instrument of resistance, has led to those in power bringing a gun to the proverbial knife fight against the satirist. Kenya, as a nation that prides itself in democracy, finds itself in an ironic position as it silences the ‘different’ opinion, hazardously blurring the line between democracy and dictatorship. The recent abduction and much-delayed release of cartoonists remind us that despite constitutional protections for freedom of expression, the political elite’s intolerance mirrors that of regimes far less free.
The impact of internet shutdown on freedom of expression in Ethiopia
Posted: 16 October, 2024 Filed under: Fenot Mekonen Hailu | Tags: Access to Information, Access to the internet, censorship, civil unrest, conflict, democracy, electronic communications, essential information, Ethiopia, Federal Democratic Republic of Ethiopia's Constitution, flow of information, freedom of expression, fundamental freedoms, human rights, information blackout, international law, internet restrictions, internet shutdown, right to freedom of expression, UN human rights instruments 2 Comments
Author: Fenot Mekonen Hailu
LLM Candidate, Centre for Human Rights, University of Pretoria
Introduction
Access to the internet is essential for many aspects of daily life. Even though it is not explicitly classified as a human right, it is considered an enabler for the enjoyment of human rights.[1] One of the threats to internet access nowadays is internet shutdowns. An internet shutdown typically involves the deliberate disruption of internet or electronic communications, rendering them partially or fully inaccessible.[2] These shutdowns often target specific populations or regions to control the flow of information, though they can sometimes impact entire countries.[3] Despite the internet’s crucial role in communication, information sharing, and exercising fundamental freedoms, internet shutdowns have become an alarming issue across the world.[4] The internet has greatly enhanced free speech, enabling individuals to express their opinions without fear of censorship or retribution. It has also encouraged the exchange of ideas and facilitated the spread of information, benefiting society.[5] However, this fundamental right is threatened in Ethiopia by a concerning pattern of internet shutdowns. In response to protests, civil unrest, and other forms of social and political activism, the government has resorted to invasive shutdowns. These measures significantly limit citizens’ freedom of expression, impede democratic dialogue, and obstruct the flow of essential information in society, [6]leaving millions uninformed and potentially infringing on their rights to freedom of expression, access to information, assembly, and association, as well as other human rights.[7]The right to freedom of expression is protected under international law and most national constitutions. This right has evolved to encompass the internet as a vital communication medium, raising important questions about the extent to which internet access is protected under existing normative principles.[8]
Redefining criminal defamation laws in South Sudan for enhanced press freedom: Lessons from Konaté v. Burkina Faso
Posted: 27 September, 2024 Filed under: Mayen Mangok Ruop, Namatirayi Ngwasha | Tags: article 19 of the International Covenant on Civil and Political Rights, article 66(2)(c) of the Treaty of the Economic Community of West African States (ECOWAS), article 9 of the African Charter on Human and Peoples’ Rights, civil remedies, criminal defamation, criminal defamation laws, criminal penalties, cybercrime, defamation laws, disinformation, freedom of expression, hate speech, international human rights standards, Konaté case, Lohé Issa Konaté, media freedom, misinformation, press freedom, South Sudan Leave a comment
Author: Mayen Mangok Ruop
LLM Candidate, Centre for Human Rights, University of Pretoria
Introduction
Despite a global shift toward decriminalisation, 160 countries still maintain criminal defamation laws. These laws are often justified as targeting disinformation, misinformation, cybercrime, or hate speech. However, they frequently include vague language or impose disproportionate punishments, which can negatively impact media freedom and pose a broader threat to freedom of expression. While a few African countries have adopted the decriminalisation regimes, many countries still maintain strict defamation laws. In South Sudan, criminal defamation is frequently used for stifling journalists and restricting press freedom, thereby obstructing the nation’s democratisation efforts.
Mozambique’s struggle for the freedom of peaceful assembly: A complex reality that reaps lives
Posted: 18 September, 2024 Filed under: Denise Ivone Mboana | Tags: Amnesty International, Azagaia, civil war, economic development, excessive force, Excessive Use of Force, freedom of expression, freedom of peaceful assembly, human rights, International Covenant on Civil and Political Rights, Intimidation of victims, lack of transparency, Mozambican National Resistance, Mozambique, multiparty system, peaceful assembly, peaceful protests, police suppression, Regional and International Human Rights Instruments, Restrictive Legal Framework, street protests, The Civicus Monitor, Universal Declaration on Human Rights, unrest, violence 8 Comments
Author: Denise Ivone Mboana
LLM Student, University of Sussex
Introduction
This article aims to provide a brief analysis of the freedom of peaceful assembly in Mozambique. Nestled along Africa’s southeastern coast, Mozambique has a vibrant cultural history. Nevertheless, the nation has confronted substantial challenges rooted in its colonial past and internal conflicts, notably the “16 years’ war” involving the ruling Frelimo party (in power since independence) and the main opposition Mozambican National Resistance (Renamo) party. Following the 1994 peace agreement that concluded the civil war, Mozambique transitioned to a multiparty system, enabling other political parties to participate in elections; after this period of turbulence, the country has made significant progress in recent years towards political stability and economic development.[1] However, in terms of civil participation and freedoms, The Civicus Monitor, a reputable global civil society alliance, ranks Mozambique’s status as “oppressed”[2] and recent events and the current pre-election scenario confirm this assessment. The restrictions on civil liberties, limited freedom of expression, and suppression of dissent are indicative of the challenges faced by Mozambican citizens in exercising their democratic rights.
Misinformation and disinformation in the digital age and its impact on the information ecosystem
Posted: 5 August, 2024 Filed under: Nomyezo Mqhele | Tags: accurate information, credible information, discrimination, disinformation, farm attacks, freedom of expression, Freedom of Reach, freedom of speech, heavy social media dependency, human rights violations, imposter content, information disorder, information ecosystem, misinformation, reliable news, scams, social media, South Africa, traditional media, white genocide Leave a comment
Author: Nomyezo Mqhele
Multi-disciplinary human rights lawyer
Traditional media has been replaced with social media as a source of reliable news.[1] South Africa has reached 26 million social media users as of January 2024.[2] This represents a three-fold increase from 9.8 million users in 2014 and highlights the increasing dependence of people on social media instead of traditional media.[3] This heavy social media dependency creates space for information disorder to filter through. The pervasiveness of information disorder presents a serious threat to the information ecosystem, and to society, as it has the potential to significantly alter beliefs, behaviors and policy. Such information is rarely false, but it is used to distort understanding by including elements of accurate and inaccurate claims, making it complicated to judge fair and accurate information.
The National Security Bill of 2024: A threat to freedom of expression in South Sudan
Posted: 22 July, 2024 Filed under: Akot Makur Chuot, Yeabsira Teferi | Tags: African Charter on Human and Peoples’ Rights, arbitrary arrest, basic human right, Code of Criminal Procedure, democratic transition, fair trial, freedom of expression, freedom to express views freely, international human rights instrument, National Elections Commission, national security, National Security Bill, National Security Services, political consciousness, Public Prosecution Attorney, South Sudan, South Sudan military, warrant of arrest Leave a comment
Author: Akot Makur Chuot
LLM Candidate, Human Rights and Democratisation in Africa, University of Pretoria
Introduction
On 3 July 2024, the Revitalised National Transitional Legislative Assembly of South Sudan passed the controversial National Security Bill, which among others empowers (sections 54 & 55) the National Security Services to make arrests and detain anyone suspected of having committed an offence against the state without a warrant of arrest. The Bill was controversially passed by a vote of 274 in favour and 114 against, with 3 abstentions. This is in the face of a democratic transition as South Sudan heads to poll on 22 in December 2024 as per the announcement of the National Elections Commission. If the President does not sign the Bill within 30 days from the day it was passed, it will automatically become law.
Addressing Challenges in Information Access: Navigating State-Imposed Internet Shutdowns in Africa
Posted: 28 June, 2024 Filed under: Muhammed Bello Buhari | Tags: Access to Information, ATI, civic engagement, digital communication, digital technology, freedom of expression, fundamental human rights, ICT, information and communication technologies, information dissemination, internet, real-time information, right to access information, right to information, social media, state-imposed internet shutdowns, transparency Leave a comment
Author: Muhammed Bello Buhari
Digital rights activist
In Africa’s dynamic digital landscape, technology has emerged as a double-edged sword, promising to revolutionise access to information while simultaneously presenting unprecedented challenges, notably through state-imposed internet shutdowns. The delicate interplay between technology, information access, and the persistent disruptions, particularly the alarming rise of state-imposed internet shutdowns, has become a defining narrative in the continent’s quest for equitable information dissemination. This article focuses on exploring the many-sided relationship between technology and access to information, specifically addressing the intricate challenges posed by state-imposed internet shutdowns.
Implementation of the access to information law in Nigeria
Posted: 24 June, 2024 Filed under: Jacob O Arowosegbe | Tags: Access to Information Act, activism, civil society organisations, compromising democratic stability, freedom of expression, Freedom of Information Act, military regimes, nationwide protests, NFOIA, Nigeria, Nigerian 1999 Constitution, restrict access, right of access to information, rule of law, sanctions, system of security Leave a comment
Author: Jacob O Arowosegbe
Solicitor and advocate of the Supreme Court of Nigeria
Introduction
Implicit in the guarantee for freedom of expression under section 39(1) of the Nigerian 1999 Constitution[1] is the right to receive and disseminate information and since this right is meaningless without a corresponding right to freedom of access to information, the latter is by implication granted. The right is, however, superseded by the constitutional recognition of the right of the government to restrict access to certain information confidentially received or which it considers prejudicial to public security, order, health, and morality.[2] An example of a law enacted to restrict access to government-held information is the Official Secrets Act, 1962.[3] Under the Act, virtually any information only needs to be placed under a system of security classification currently in use to deny members of the public access to it.[4] Public officials are in fact routinely required to keep sealed lips concerning the conduct of government business.
AfricLaw 
Repressive Laws Silencing Dissidents, Deviants and Destabilisers in Uganda
Posted: 5 July, 2024 | Author: AfricLaw | Filed under: Contributors, Stella Nyanzi | Tags: Access to Information, Anti-Homosexuality Act (2023), Anti-Pornography Act, Computer Misuse (Amendment) Act, detained without trial, digital rights, Excise Duty (Amendment) Act, free expression, freedom of expression, General Comment 34, human rights, International Covenant on Civil and Political Rights (ICCPR), internet democracy without disruptions, Model Law on Access to Information, Musiri David, President Yoweri Museveni, public information, public media, restrictive laws, social media, Social Media Tax Law, state repression, Uganda, Uganda Human Rights Commission, Universal Declaration of Human Rights | 1 CommentWriters-in-Exile program, PEN Zentrum Deutschland
Fellow, Center for Ethical Writing, Bard College/ PEN America.
Summary
In Uganda, there is an incongruence between the legal regime governing access to information and freedom of expression on one hand, and a barrage of restrictive laws on the other. Although a decade has passed since the African Commission on Human and People’s Rights adopted the Model Law on Access to Information for Africa, growing state repression in Uganda generated laws aimed at silencing, denying access to information, criminalising and penalising government dissidents, deviants or minorities whose behaviours departed from societal norms, and destabilisers suspected of subverting the entrenchment of President Yoweri Museveni’s 37-year-old regime. I triangulate autoethnography with public media content analysis and law review to explore this incongruence within the right of access to information and free expression in Uganda.
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