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Disinformation in Africa: Promoting Rights-Respecting Responses

In June 2020, a coalition of civil society groups launched an interactive portal to track and analyse disinformation laws, policies and patterns of enforcement across Africa. The portal was developed against a backdrop of rapidly accelerating state action on COVID-19 disinformation.

Two years on, as online disinformation is increasingly becoming prevalent, spurred by the growth in access to the internet and social media platforms, more African governments have devised new ways of countering and responding to disinformation, which are often in conflict with international human rights standards.  In an effort to continue keeping track of regulatory approaches and policy responses to disinformation on the continent and serve as a reference tool for human rights advocates, a revamped portal with dynamic features and multilingual data has been launched. The revamped platform is dubbed Lexota – Laws on Expression Online: Tracker and Analysis.

Speaking at Lexota’s launch on May 10, 2022, Jacqueline Rowe, Policy Officer at Global Partners Digital, noted that it is crucial for civil society organisations, internet freedom actors, and human rights defenders in the region to have up-to-date and accurate information on disinformation laws and policies to inform effective advocacy against problematic restrictions with implications on human rights.

In her keynote address at the launch, Julie Owono, the Executive Director of Internet Sans Frontières, noted that governments across the world are increasingly responding to the spread of disinformation online through legal restrictions, increased surveillance, and internet shutdowns – all of which pose risks for individual human rights. Owono stated that these trends are particularly noticeable in Sub-Saharan Africa where nearly every country has a vague law or policy that includes restrictions on sharing or publishing false information online. Indeed, recent research shows that given the broad definitions of what constitutes disinformation in various laws, provisions had been weaponised to silence critics, shrink civic space, and hand authoritarian governments an excuse to assert greater power over the digital sphere.

The impact of disinformation on journalism was highlighted by Muthoni Mumo, the Sub-Saharan Africa representative at the Committee to Protect Journalists (CPJ). “Disinformation laws have been weaponised to arrest and prosecute journalists arbitrarily in the guise of fighting fake news and propaganda,” said Mumo. She cited a recent case in Somaliland – a breakaway state in Somalia – where a number of journalists were arrested in April 2022 for reporting on a prison riot. Although some of the journalists have since been released, three remained in jail for allegedly posting propaganda and reporting false news.

According to Edrine Wanyama, the Legal Officer at the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), Lexota provides a comparative understanding of the disparities in the disinformation legal landscape in Africa, including legitimate and illegitimate measures and responses. Similarly, Sylvie Siyam from PROTÉGÉ QV stated that beyond being used as a source of information and research, Lexota will be a critical advocacy tool for policymaking and sharing of best practices with regard to combating disinformation while upholding human rights.

Lexota’s launch called for more skills development in digital literacy and fact-checking for citizens and government officials. Owono stated that government officials were “some of the biggest purveyors of disinformation and they should be educated to know that buying into any disinformation campaign will not win an election. Restoring trust with citizens can help that.” The launch also called for increased stakeholder participation in policy processes as well as strategic litigation to challenge regressive laws.

Lexota partners – Article 19 West Africa, CIPESA, Centre for Human Rights at the University of Pretoria, Global Partners Digital, and Protege QV – are undertaking capacity building, national and regional advocacy on disinformation and freedom of expression across Africa. To date, CIPESA has conducted training on disinformation and human rights advocacy in Arusha, Tanzania, and Mbarara, Uganda benefiting over 45 individuals, including journalists, civil society actors, lawyers, and academia.

In addition, CIPESA delivered a lecture on disinformation and electoral processes as part of the Association of World Election Bodies (AWEB) capacity-building programme on elections and media. The lecture explored current trends, aspects of disinformation, and their impact on elections; existing responses to disinformation threats and their effectiveness; and good practices to combat the spread of disinformation. Further, it explored the roles and strategies of election management bodies to counter disinformation; as well as media monitoring and oversight. The engagements build on past regional skilling efforts by CIPESA and Global Partners Digital.

Zimbabwe: MISA Develops A Guide to the Cyber and Data Protection Act

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The Media Institute for Southern Africa-Zimbabwe Guide has developed a guide to assist ordinary citizens, data protection advocates, human rights advocates, media organisations and interested individuals in getting a basic understanding and application of the Cyber and Data Protection Act (Act).

This guide aims to contribute to the general citizens’ awareness of Zimbabwe’s data protection legal framework. Contents of the guide are not intended to constitute legal advice.

The guide will not include specific legal advice on how to comply with the Act. Compliance requires more than a legal analysis, as there are technical and organisational security requirements for effective data protection.

However, some sections might provide basic checklists for ease of understanding and interpretation of the Act’s provisions. For comparative regional and international experiences, reference and examples will be drawn from South Africa’s Protection of Personal Information Act (POPIA), and the European Union General Data Protection Regulation (GDPR). Other regional standards might also be referenced for their persuasive value. In addition, various court decisions will be referenced as relevant or necessary.

Click this link to download the guide.

Nigeria: MRA Rejects Government’s Attempt to Regulate Social Media

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The Media Rights Agenda (MRA) has called on the Nigerian Government to discontinue its attempt to adopt a “Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries”, accusing it of trying to regulate social media and other online platforms through the backdoor by circumventing the legislative process.

MRA described the draft Code of Practice developed by the National Information Technology Development Agency (NITDA) and published for public comments as a clumsy attempt to usurp the powers, functions and authority of the National Assembly as well as a breach of the constitutional rights of Nigerians.

NITDA’s Head of Corporate Affairs and External Relationship, Mrs Hadiza Umar, issued a “Press Release” today announcing that NITDA issued the Code of Practice which it is presenting for public input, on the directive of President Muhammadu Buhari in accordance with its mandate under the NITDA Act, to standardize, coordinate and develop regulatory frameworks for all information technology practices in Nigeria.

Condemning the effort, Mr Ayode Longe, MRA’s Programme Director said: “The Federal Government is clearly attempting to circumvent the legislative process in favour of a backdoor approach to regulate social media and other internet platforms. It is curious that the Government has chosen to use an administrative document to surreptitiously create criminal offences as the document states unequivocally that any platform or internet intermediary responsible for violating its provisions will be liable to prosecution and conviction.”

He argued that NITDA’s misuse of the term “Code of Practice” to describe the document amounts to acting under false pretenses to dupe Nigerians into believing that the Government is seeking to protect them when its real intention is so obviously to control social media and other Internet platforms by compelling them to register with the Government and thereby muzzle the right to freedom of expression online.

Mr. Longe contended that the document is a breach of Articles 19 of the Universal Declaration of Human Rights (UDHR) and Nigeria’s treaty obligations under the International Covenant on Civil and Political Rights (ICCPR), which gives everyone the right to freedom of expression, including the “freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers…”

According to him, “the name is problematic. Although it is termed a code of practice, it is in fact not intended to provide guidance for the implementation of any specific law or regulation. Rather, it creates criminal offences which are not contained in any existing Law and attempts to legitimize them by a vague reference to its enabling Act and other laws, which is beyond the remit of any such administrative document.”

Mr. Longe argued that the underlying rationale for many of the provisions of the document are unrealistic and unreasonable as they defy logic and common sense.

He said: “In today’s globalized world, is it possible or realistic to expect global Internet platforms like Facebook, Twitter and others to register with the government of every country in the world where they have users and set up offices in all those countries, which is the implication of the Federal Government’s demand? Conversely, Nigeria’s external broadcaster, the Voice of Nigeria, broadcasts its signal and content to dozens of countries around the world and runs a website that is accessible globally; is it registered and does it have offices in all the countries where its signals are received as Nigeria is now demanding of platforms registered in other countries?”

Mr. Longe described many of the provisions of the document as arbitrary and draconian, saying the requirement that platforms take down “unlawful content” within 24 hours after receiving a notice or complaint from any authorized government agency constitutes an attempt by the Government to control content published on social media and other online platforms while bypassing the judicial process and usurping the functions of  the courts which should legitimately determine what content that is illegal or unlawful.

MRA therefore rejected the “Code of Practice” in its totality.  It called on the government to abandon it and approach the National Assembly with an appropriately bill, if its genuine intention is to address legitimate issues rather than violating the rights of Nigerians and other members of the public on the pretext of protecting them from fake news and misinformation.

For further information, please contact:

Idowu Adewale
Communications Officer
[email protected]

DRC: Community Radio Attacked

The community radio station Voix de Mikeno, broadcasting in Bunagana (100 km from the town of Goma, Rutshuru territory), was ransacked by rebel soldiers of the M23 on Monday 13 June 2022, around 5 pm local time.

All the high and low-frequency devices were taken away during the raid.

André Byamungu, director of RACOM, contacted from his safe house, told JED: “I am speechless and would not know where to start if the lull returns because they ransacked my radio, took away the transmitter, the mixer, and the microphones. They also destroyed the acoustics of the studio before leaving the studio tables broken. So far, we could only save the portable dictation machines,” he says.

The staff of the community radio station Voix de Mikeno is in hiding in Uganda and in other towns around Bunagana. The staff also report that they are being threatened by some leaders of the rebel movement.

Nigeria: IPC Condemns Attacks On Journalists

For immediate release: Wednesday June 1st, 2022: The International Press Centre (IPC), Lagos-Nigeria today (Wednesday June 1, 2022) expressed concern over the renewed wave of attacks on journalists including those covering the primaries by political parties.

IPC said its Safety of Journalists Alert Desk has documented the following recent attacks, among others:

  • The shooting by the Police of Toba Adedeji, the Osun State Correspondent of The Nation newspaper while covering a protest over alleged police brutality in Osogbo, the state capital on Tuesday, May 31, 2022. He was injured on the thigh and had to be treated in hospital;

  • The attack, harassment and beating by Policemen of Yinka Adeniran, the Oyo State Correspondent of The Nation newspaper while covering the Peoples Democratic Party’s gubernatorial primary at Lekan Salami Sports Complex, Adamasingba, Ibadan on the May 25, 2022;

  • The attack by suspected political thugs on the vehicle conveying members of the Correspondents Chapel of the Osun State Council of NUJ on May 24th, 2022 while covering the campaign by the State Governor in Gbogan in Aiyedaade Local Government Area; and

  • The arrest of three journalists – Deborah Coker of News Agency of Nigeria, Sunny Inarumen of African Independent Television and Osamuyi Ogbomo, cameraman with Independent Television on May 24, 2022 in Benin, Edo State Capital, while covering a factional primary of the Peoples Democratic Party.

In a statement, the Press Freedom Officer of IPC, Mrs. Melody Lawal, said the attacks represent a return to the regime of repression of journalists and other media professionals in Nigeria, adding that such development constitutes grave danger for press freedom and freedom of expression.

“We condemn the attacks and demand the apprehension and trial of the alleged perpetrators so that justice can be served”, Mrs. Lawal said.

Making specific reference to the attacks on journalists on electoral duty, she said political parties need to be reminded that the Nigerian Media Code of Election Coverage requires them to grant access to journalists interested in covering their activities including primaries, while taking measures to protect them from aggrieved party members or political thugs.

IPC said that it has become an urgent imperative for the leadership of the security agencies to enlighten their officials on the need to accord respect to journalists covering events of public interest and refrain from assaulting them.

Yet another Ghanaian journalist arrested over false news charges

The police have arrested and are harassing Noah Dameh, the Deputy Station Co-ordinator of the Community Radio Station, Radio Ada located in the Greater Accra Region of Ghana, over false publication charges.

The charges relate to a Facebook post by the journalist on May 8, 2022, and a subsequent complaint by ElectroChem Ghana Limited, the company granted a controversial concession to mine salt in Ada.

Dameh was invited by the Tema Regional Police Command on May 24, 2022. He arrived at 11 am and was kept till 5:45 pm when he was released after being made to write a statement.

Dameh is the lead producer of the “Manor Munyu” programme series aired on Radio Ada with a focus on the salt mining industry, among other development issues in Ada. He also runs a blog that focuses on development issues in the Ada community.

The salt mining industry in Ada has been mired in confusion since ElectroChem Ghana Limited was granted a license to mine salt on an industrial scale in the Songhor Lagoon at Ada. On January 13, 2022, some unidentified thugs attacked  Radio Ada and its staff, amidst a warning to the management of the station to stop its programming on the salt industry.

On August 9, 2021, some citizens of Ada protesting against the operations of ElectroChem Ghana Limited, invaded the premises of the mining firm and destroyed some property. Twenty-three people, including three chiefs, were subsequently arrested and charged.

The May 8, 2022 Facebook post for which Dameh is being harassed contained the picture of a citizen of Ada, Benjamin Anim, who was allegedly being abused by the police at the instance of McDan McKorley, Chief Executive of ElectroChem Ghana Limited. The picture showed Anim handcuffed to a hospital bed, with the accompanying write-up claiming that he had been kept in that state for five weeks and denied access to the lavatory. The story said Anim was arrested in his house after he went to the rescue of a fellow Ada citizen (known to be an active campaigner against the Petrochem deal), who was being assaulted by a gang of non-natives believed to be close to McDan McKorley.

The post titled “Stop the Inhuman Act, MacDan,” triggered Dameh’s troubles at the hands of the police. On May 14, 2022, he received a text message to report at the Regional Police Command and assist in investigations.

When he honoured the invitation on May 16, 2022, Sgt Derrick Debrah informed him the invitation was in connection with the above-mentioned Facebook and followed a defamation petition from ElectroChem Ghana Limited.

Dameh returned to the Police Command on May 20 but was recalled to provide additional information yesterday May 24, 2022. According to Dameh, the police asked him to include details about where he got McDan’s photo and how the businessman is connected to Anim’s case. This, the journalist did yesterday May 24, 2022, after he was kept all day at the Police Command.

Dameh’s lawyer, Martin Owusu, told the MFWA that although his client’s Facebook post mentioned McDan’s name, it did not mention EletroChem Limited. He, therefore, found it strange that his client is being harassed on the basis of a complaint from the company.

“In any case, why do they not file a civil suit for defamation, rather than use the police? I will love that they actually process him to court; it will be very interesting,” Lawyer Owusu said.

The MFWA could not get the police to provide their perspective on the case, apart from a confirmation from the officer handling the case, Sergeant Derrick Debrah that Dameh is being investigated for publication of false news. Sergeant Debrah referred us to the Regional Crime Officer, Chief Superintendent Kwabena Otuo Acheampong. The latter also referred us to the Regional Police Commander, DCOP Mr. Daniel Kwame Afriyie, who said he was yet to be apprised of the full facts, adding that he was making an effort to meet Dameh personally on the issue.

Dameh’s ordeal follows a recent pattern of Police harassment of journalists and activist on false news charges, with the cases often abandoned along the way. On November 1, 2021, the police arrested and detained a radio presenter, Paa Kwesi Simpson, on charges of publishing false news. The arrest followed a false kidnapping claim made by a listener who called into Simpson’s programme.

On February 10, the police detained Kwabena Bobbie Ansah, a presenter at Accra FM, on a charge of “publication of false news and offensive conduct”. The charges relate to a video the journalist posted on social media claiming that President Nana Akufo-Addo’s wife had illegally obtained a parcel of state land.

On February 9, the Executive Director of an anti-corruption organization, Alliance of Social Equity and Public Accountability (ASEPA) was arrested by the police. He had published and later retracted allegations that members of the President’s family travelled by the Presidential jet to the UK for shopping.

The MFWA urges the Police in Tema to stop harassing Dameh for a Facebook post which is clearly of public interest. If the police want to establish that the journalist’s post is false, we expect them to respond publicly to the post and deny the allegations or explain the circumstances surrounding the hospitalisation of Anim and why he was handcuffed to a bed. We deplore the fact that Dameh was detained and subjected to criminal investigations in a jurisdiction where defamation is not a criminal offense. Such actions unnecessarily create public disaffection for the police and affect Ghana’s press freedom image.

WPFD 2022: CEMESP Calls for Improved Media Safety Environment in Liberia

Monrovia, May 2, 2022: As the world celebrate Word Press Freedom Day on May 3, 2022, the Center for Media Studies and Peace Building has flagged the significance of the day and its meaning to the challenges that journalists continue to face in doing their work.

CEMESP specifically notes the challenges Liberian journalists continue to face with instances of attacks perpetrated against them during the lead up to the celebrations.

CEMESP notes the strides that have been made in Liberia with the passage of the Kamara Abdullah Kamara Act of Press Freedom in February 2019.

A CEMESP World Press Freedom Day statement issued in Monrovia on Monday, notes that the decriminalization of speech by the government has not done much to curtail some anti-media actions carried out by state and non-state actors.

The statement quotes CEMESP’s Executive Director Malcolm Joseph as saying the continued refusal of the government to allow Punch FM to operate; the decision of the government to stop some broadcasters from hosting a government critic on their radio stations; and the failure of the state to hold people accountable for attacks on journalists and the media as shortcomings the government must commit itself to address in the coming year.

CEMESP notes that its tracking of violent and other extrajudicial actions against Liberian journalists in the year  2021 found that physical assault accounted for 47% of such violations which represented a 14% increase on the 2020 occurrences. The tracking also found that violations that involved threats and resulted in the destruction of property belonging to journalists constituted 23% of negative actions against journalists in the country in 2021.

The year 2021 also saw an increase in the institution of undue lawsuits or the threats of such lawsuits against journalists. Such undue lawsuits accounted for 18% of violations against journalists and media houses. Compared to 2020, it represents an increase of 13%. The data on unmeritorious lawsuits against journalists validates the US State Department’s 2020 report on human rights which noted that libel suits are used as a means of forcing the Liberian media to self-censorship.

As was the case in 2020, the CEMESP tracking found that supporters of political parties or individual politicians remained the main source of violence against journalists. These accounted for 42% of all violations. Supporters of the ruling party were the perpetrators of 18% of these violators, while 12% of them were carried out by the opposition. Government officials and security officers each accounted for 23% of violations against journalists.

The media development institution calls on Liberian journalists to remain steadfast in maintaining the ethics of good journalism as they join their counterparts around the word to celebrate the day.

At the same time, the Center for Media Studies and Peacebuilding is calling on duty bearers and development partners who have roles in promoting media safety  not to  see it as mutually exclusive from the ideals of protecting the right to stand up for the rule of law, accountability and good governance, promoting the right of women and children and advocating for a safer environment and world peace.

This, CEMESP says is not a moment to apportion blame but to accept that we have to do more as a nation to protect media freedom. When journalists are safe to do their work it creates the assurance that good governance is thriving.

CEMESP therefore uses the celebration of this year’s World Press Freedom Day to make a special case for journalists safety as Liberia moves toward the 2023 General Elections, when more journalists will be exposed and vulnerable to attacks and threats, as research reports can attest to in this country.

Long live global media solidarity and world peace; long live the Liberian Media.

Nigeria: Armed Men Raid Radio Station

At about 6.20 am on April 10, 2022, three armed men, suspected to be robbers stormed the premises of a private radio station, Fresh 105.9 FM, located in  Ibadan, Nigeria. A live programme airing at the time of the attack was temporarily taken off air while they operated.

The robbers who arrived at the station on motorbikes ransacked all the departments and offices at the station and made away with property belonging to members of staff at the station including recorders, smartphones, laptops, ATM cards, and other valuables. No person was hurt during the attack.

The radio station belongs to gospel musician, Mr. Yinka Ayefele.

Advancing Internet Freedom in Africa Through the UPR: Lessons and Gaps

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Since its establishment in 2006, the Universal Periodic Review (UPR) has provided a unique process for reviewing the human rights records of all United Nations (UN) Member States. Over the years, however, there has been limited participation by African civil society in the review process. In particular, there is limited work by African actors to promote internet freedom through this process.

Accordingly, since 2018, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), Small Media Foundation and a coalition of regional partners have been working to support civil society organisations across Africa to engage with the UPR process through capacity development in research and advocacy. The project has made up to 16 UPR submissions on digital rights in Africa with a focus on the Democratic Republic of Congo, Ethiopia, the Gambia, Kenya, Liberia, Malawi, Mozambique, Namibia, Nigeria, Rwanda, Senegal, Sierra Leone, South Sudan, Tanzania, Uganda and Zimbabwe.

To further concretise CIPESA and Small Media’s efforts, a survey was commissioned to gauge the awareness, engagement and existing capacities of stakeholders in relation to the UPR process and their development needs with regard to UPR advocacy, campaigning, and research. Conducted between July 2019 and December 2021, the survey recorded a total of 134 respondents from all 16 countries on which CIPESA, Small Media and partners made UPR submissions focused on digital rights. The respondents included activists, academics, diplomats, lawyers, journalists, government officials, development actors, and civil society organisations.

The survey found that there is limited participation by African civil society in the UPR process despite the review process providing a framework within which activists and human rights defenders can lobby and hold governments to account to promote internet freedom. The number of internet freedom-related submissions on Africa is still small though growing, which is a reflection of the low number of actors conducting internet freedom work and participating in UPR reviews.

While there is a relatively high level of awareness of the existence of the UPR process, partly the result of training efforts by various organisations in recent years, the level of knowledge about the process is limited. Similarly, the level of participation in the review is moderate, with only 27% having taken part in national consultations and one in four having participated in submission of stakeholder reports. It is also noteworthy that even for those processes that many respondents had participated in, such as stakeholder submissions, those efforts were often led by entities based outside the continent. Only one third of respondents had ever received UPR-related capacity development.

The survey findings indicate the need for skills and knowledge development in UPR engagement including advocacy and follow-up on recommendations; making stakeholder submissions; and participating in national consultations and review sessions. Further, it is crucial to capacite legacy human rights organisations to embrace digital rights work. Other skills development needs identified included data collection; analysis and report writing to feed into submissions; stakeholder engagement; and diplomacy and international negotiations.

Specifically on digital rights, skills building in understanding the legal and regulatory environment for the digital sector at national, regional and global levels, as well as coalition building strategies, and communications for advocacy, were identified. Other skills needed included digital security for human rights  defenders; knowledge of the full range of the UN Human Rights Mechanisms; and crafting human rights policy recommendations.

In line with the capacity gaps identified by the survey, CIPESA and Small Media convened CSOs, activists and human rights defenders from the 16 countries for a three days workshop on UPR advocacy and coalition building for digital rights. The workshop, which was held in Kampala, Uganda on March 20-22, 2022, featured sessions on local engagement and mobilisation, international and regional legal frameworks, researching digital rights and identifying policy issues, campaign and advocacy planning and impact communications, among others.

Speaking at the opening of the workshop, CIPESA’s Programme Manager Ashnah Kalemera stated that the training sought to capacitate organisations to more effectively leverage the UPR for advancing digital rights. “Increasing African-based organisations’ participation in the UPR, national level uptake and follow up on recommendations by governments requires growing skills and engendering collaboration among stakeholders,” said Kalemera.

The workshop builds on CIPESA’s multi-country efforts in building skills and knowledge in collaborative internet policy research, research methods, communicating research, and data-driven advocacy, among others, towards a free, open and secure internet in Africa.

Togo Struggles with a digital ID while actively surveilling citizens

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For four years Togo has been inching towards issuing a digital identity (ID) card. While there are indications that 2022 may be the year in which the west African country finally delivers the long-awaited digital ID, the road ahead remains uncertain. Challenges lie both in bureaucratic delays and citizens’ caginess about handing their data to a government with a penchant for surveilling citizens and shutting down digital communications.

The Togolese government announced the e-ID Togo project in 2018, but it was not until mid 2021 that the Ministry of the Digital Economy and Digital Transformation initiated efforts to recruit a communications consultant to devise an awareness campaign to precede the registration stage and a technology solutions service provider. The International Institute of Information Technology Bangalore was awarded the system contract in December 2021.

According to the government, the e-ID project will simplify the process of updating the electoral register, facilitate access to public services and to credit, reduce fraud in the financial sector, and facilitate the targeting of social protection beneficiaries. Only 25% of the country’s population of eight million has a form of identification, with women less likely to have an identification document, which hinders their ability to open bank accounts, enrol children in school, benefit from health insurance, or get a mobile phone number. In recognition of the gaps in civil registration among citizens, the government set out to enrol citizens for e-ID even without proof of birth registration.

Togo passed Law No. 2019-014 relating to the protection of personal data in October 2019. In 2020, parliament passed Law No. 2020-009 relating to the biometric identification of natural persons, whose objective is to establish a system for identification and authentication of natural persons. The law aims to establish a “secure and reliable methodology” for obtaining, maintaining, storing and updating data on the identity of registered individuals. The law requires all citizens and residents in Togo to obtain a Unique Identification Number (NIU) by submitting their demographic and biometric data (Article 4). The biometric data specified for purposes of obtaining a NIU are photograph and / or facial recognition, fingerprints, and iris scan. The National Identification Agency (ANID) is mandated to collect biometric data for the NIU.

SIM Card Registration
In July 2021, a SIM card registration and limitation of subscriptions per individual and network campaign was launched by the telecommunications regulatory authority ARCEP, supported by leading telecom operators Moov Africa Togo and TogoCom. The SIM registration requirements include a national identity card or passport and collection of biometric and demographic data.

But this extensive collection of individuals’ personal data raises concerns for the safety of such data. These concerns are not unfounded and they partly arise from the state’s record on respect for digital rights, which have seen it order network disruptions and use malware to target opponents and dissidents.

State Surveillance
In 2020, lingering suspicions that the Togolese government was undertaking interceptions of communications gained credence when the Citizen Lab revealed that Israeli-made spyware Pegasus, supplied by the NSO Group, was used between April and May 2019 to target Togolese civil society, including a Catholic bishop and a priest, as well as two members of Togo’s political opposition. The surveillance reportedly coincided with nationwide pro-reform protests that were forcibly dispersed. The Togolese government did not respond to the allegations, which nonetheless sparked debate within Togolese media and civil society.

Further, in October 2021, Amnesty International research found that Togolese activists had been targeted with spyware by the Donot Team hacker group based in India – the  first time that Donot Team spyware was found in use outside of South Asia. According to the report, the activists’ devices were targeted between December 2019 and January 2020, during a tense political climate ahead of the 2020 presidential election.

Network Disruptions

During the February 2020 elections, authorities disrupted access to messaging services (WhatsApp, Facebook Messenger, and Telegram). Later that year, the Economic Community of West African States (ECOWAS) Court of Justice ruled that the 2017 internet shutdown in Togo was illegal and an affront on the right of freedom to expression.

According to Access Now, the court ordered the government of Togo to pay two million francs (USD 3,459) to the plaintiffs as compensation, and to take all the necessary measures to guarantee the implementation of safeguards with respect to the right to freedom of expression of the Togolese people.

Privacy and Data Protection

Togo’s laws provide safeguards against unlawful surveillance and unauthorised access to data whilst also granting authorities sweeping powers to violate privacy. Law No. 2012-018 on electronic communications provides for privacy of communications but article 92 empowers the Prime Minister, and the Ministers responsible for the economy and finance, defence, justice, and security and civil protection, to trigger the interception of communications and electronic content.

The biometrics identification law requires the National Identification Agency to encode and encrypt data on its registry and only allows access to authorised agents (article 10, 21 & 22). Violation of the obligation of non-disclosure of personal data, identity theft and unauthorised processing of personal data are punishable with fines ranging from one million to 10 million Central African Francs (USD 1,747 to 17,472), imprisonment between one and five years, or both.

Article 94 of Togo’s 2012 electronic communication law obliges encryption service providers to comply with lawful interception orders, with refusal to provide secret decryption codes to government agencies punishable with a fine of between USD 3,544 and USD 14,178. Cryptology services providers are required to retain for one year, content and data allowing the identification of anyone who has used their services, and to provide the technical means that enable the identification of those users. The service providers are required to avail this data, on request, to the investigating judge, Prime Minister, Minister for the Economy and Finance, the Minister of Defence, the Minister  of Justice, and the Minister of Security. The multiple officials who access data – similar to the various officials that can trigger the interception of communications – offers wide latitude for abuse of citizens’ data privacy rights.

Digital Exclusion
In the wake of Covid-19, Togo initiated a relief programme for vulnerable citizens whose livelihoods were affected by the state of emergency. As at March 2021, the programme, known as NOVISSI, had disbursed a total of 13.3 billion francs (USD 22 million) to 819,972 citizens via mobile money.

However, the programme was criticised for requiring applicants to possess a voter’s ID card. During the last electoral census, opposition parties called on the population to boycott the exercise, which meant that some citizens had not renewed their voter ID cards. There were also cases of unscrupulous individuals utilising the voter’s ID details of other citizens to fraudulently benefit from the programme. As a result, the government temporarily halted the program to allow for physical verification of beneficiaries at dedicated centres.

Way forward

Whereas the various sanctions within the existing legal framework might be a deterrent against unauthorised access to and misuse of personal data, there is wide latitude for state agencies and officials to access the data, which could be abused. This calls for a review of the provisions to ensure they uphold citizens’ right to privacy and data protection, with adequate oversight and redress mechanisms. Further, the e-ID should be rolled out in a manner that ensures agency and dignity, without enhancing exclusion and surveillance.

West Africa: Increase in FOE violations in last quarter of 2021

Despite the fact that the recent military takeovers are yet to negatively impact the press freedom landscape as feared, West Africa recorded more than a 100% increase in freedom of expression (FOE) violations during the last quarter of 2021.

The MFWA’s monitoring of the FOE landscape recorded 28 violations in the last quarter (October-December) more than double the 12 violations recorded during the preceding quarter (July-September)

Thirteen violations were recorded in Nigeria which returned to its old repressive ways after posting a pleasant surprise with only two violations during the third quarter. Mauritania and Togo recorded three (3) violations each, with Benin, Ghana, Guinea, and Sierra Leone recording two each. Burkina Faso recorded one violation, but incidentally the most severe; a four-day disruption of internet on mobile devices on November 20.

While the number of violations recorded during the last quarter increased sharply compared to the preceding (third) quarter, the analysis show that the year ended on a less repressive note than it began, given that the first quarter (January-March) recorded a whopping 50 violations.

The October-December 2021 records also show that as of the end of the year, the feared crackdown on press freedom and restriction of the civic space following the military coups in Mali and Guinea had not been carried out.

However, about a couple of months after the coup in Guinea, some soldiers carried out a night-time raid on Djoma media group (Radio/Television), causing considerable commotion at the station which is owned by a close associate of overthrown President Alpha Conde.

About 80% of the violations were targeted at journalists and media houses. Unfortunately, these violations were perpetrated with near absolute impunity.

Read the full report here.

Zimbabwe: State of the Media 2021 report

MISA Zimbabwe has released its 2021 state of the media report which takes a look at the media landscape and operating environment with regards to freedom of expression, access to information, digital rights, media sustainability  and media freedom in Zimbabwe. Below is an excerpt from the report;

United Nations Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, Clement Nyaletsossi Voule, following a visit to Zimbabwe in 2019, noted in a subsequent report that Zimbabwe was suffering from political polarisation and poor governance.

The Special Rapporteur noted then, that civic space continued to deteriorate, re-establishing an environment of fear and persecution.

The UN Special Rapporteur’s report came on the backdrop of his visit to Zimbabwe on 17 – 27 September 2019 at the invitation of the Government. The purpose of the visit was to assess the exercise, promotion and protection of the rights under his mandate in a moment of transition following the adoption of the new Constitution in 2013 and the change of leadership in Zimbabwe.

He urged the government to take action to end corruption, and tellingly, to improve the human rights situation and ensure accountability and rule of law to encourage the lifting of “measures” imposed on Zimbabwe.

The Special Rapporteur recommended for the repeal of legislation that is inconsistent with the Constitution particularly that affecting the exercise of fundamental freedoms.