How legal frameworks on disinformation help suppression in Burkina Faso and Guinea
Posted: 17 February, 2023 Filed under: Dércio Tsandzana, Simone Toussi | Tags: Burkina Faso, Cybersecurity and Data Protection Act, digital communication platforms, disinformation, false news, Francophone, General Gilbert Diendéré, Guinea, International Covenant on Civil and Political Rights, international human rights standards, misleading documents, suppression, terrorism, transitional periods Leave a comment
Author: Simone Toussi
Digital Rights Researcher, Africa Region
Disinformation, also known as, “all forms of false, inaccurate, or misleading information designed, presented and promoted to intentionally cause public harm or for profit”, [1] is on the rise in Africa, aided by the evolving digital communication platforms. To counter disinformation, several African governments are using provisions in existing laws or enacting new laws that do not comply with international human rights standards[2] on freedom of expression and access to information. As of August 2022, no country in Francophone Africa[3] has enacted legislation specifically on disinformation, but the majority have provisions regulating disinformation in various laws.[4]
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]
The role of African governments in the implementation of the Revised Declaration on freedom of expression online in Africa
Posted: 24 November, 2021 Filed under: Ayowole Olotupa-Adetona, Bitebo Gogo, Imani Henrick, Ogah Peter Ejegwoya | Tags: Access to Information, African Commission on Human and Peoples’ Rights, Declaration of Principles on Freedom of Expression and Access to Information in Africa, domestic laws, freedom of expression, freedom of expression online, human rights, illegitimate restrictions, international human rights standards, Legal reform, multistakeholderism, online content regulation, privacy protection, Regulating online content, right to opinion 3 Comments
Authors: Imani Henrick, Bitebo Gogo, Ogah Peter Ejegwoya & Ayowole Olotupa-Adetona
The rights to freedom of expression, access to information and opinion are three distinct yet interconnected rights. The right to freedom of expression includes overt or covert communication through any medium including the Internet while access to information is being able to get information through any means. Both rights can be limited under international human rights standards. However, the right to opinion which is broader than both rights cannot be limited under international human rights standards.
This article identifies the role of African governments in implementing freedom of expression online. In doing so, it focuses on the provisions of the recent Declaration of Principles on Freedom of Expression and Access to Information in Africa (Revised Declaration) 2019.
AfricLaw 