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Annual Internet Rights Report 2020

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The Internet has become a pivotal communication medium across all sectors of life, business, bank, education, governance, and politics, just to name a few. This has been highlighted in 2020, as the pandemic spread. Access and the use of the internet has changed our lifestyles and the mode of governance. As the COVID-19 was causing havoc, countries across the continent adopted emergency measures.

Some simply enacted laws that trampled on freedom of expression. Others revamped existing crippling cybersecurity laws. In legal actions attempted by the government to stifle dissidents, courts evoked and abusively interpreted, and applied repressive articles to dissidents.

Journalists and media workers were, in some countries defined as part of frontlines workers, and were exempted from lockdowns protocols. While in some countries, journalists were not only denied access to information but were victims of attacks, brutalities, arrests, and detentions, for merely seeking to bring vital information to the public.

Authorities tightened control on the circulation of information online, with some passing internet-related legislation as part of their fight against fake news about the pandemic. The publication of fake news has been criminalized, thus compromising the rights to freedom of expression online, and on social media.

During the year 2020, several journalists and citizens bore the brunt of the fight against the spread of the pandemic and fake news. Many media houses and journalists felt the fury and brutalities of law enforcement agents. Across the continent, the enforcement of COVID-19 law was diversely and paradoxically applied, and this was at the expense of freedom of expression online.

The 2020 AFEX Annual Report on the State of Internet in Africa, covers 13 countries- Botswana, Cameroon, DRC, Ghana, Guinea, Kenya, Nigeria, Senegal, Sierra Leone, South Africa, Tanzania, Uganda, and Zimbabwe.

The report gives a brief overview of the country’s democratic background and landscape, highlights internet freedom-related incidents, policies, and development that took place during the year under review. Click here to read the full report.

How the COVID-19 Fight Has Hurt Digital Rights in East Africa

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By Paul Kimumwe, Collaboration on International ICT Policy for East and Southern Africa (CIPESA). 

The fight against the coronavirus (Covid-19) pandemic in Kenya, Tanzania, and Uganda has dealt a blow to the promotion and preservation of human rights in the region. The outbreak of Covid-19 could not have come at a worse time, as the countries were preparing for their respective general elections (October 2020 for Tanzania, January 2021 for  Uganda, and a potential referendum in 2021 and the August 2022 elections in Kenya).

Even before confirmation of Covid-19 cases in the region, the three East African countries had instituted Covid-19 mitigation measures, including the adoption of statutory instruments which quickly suspended constitutional guarantees without reasonable justification or meaningful stakeholder consultation. The measures were accompanied with a problematic onslaught on the media, the political opposition and ordinary citizens, which undermined the enjoyment of the rights to freedom of expression, assembly and association, and the right to access a variety of news and information, which was critical to informed decision-making particularly during electoral processes.

On March 18, 2020, Uganda instituted its first set of measures that included the closure of schools and a ban on all political, religious, and social gatherings. A week after the March 22, 2020 confirmation of the first case in the country, the Ministry of Health issued the Public Health (Control of Covid-19) (No. 2) Rules, 2020 that introduced further restrictions including a dusk-to-dawn curfew, the closure of institutions of learning and places of worship, the suspension of public gatherings, a ban on public transport and the closure of the country’s borders and the international airport to passenger traffic.

In Kenya, the government introduced several measures to curb the spread of Covid-19 that included the suspension of public gatherings and other social distancing requirements; limitation of travel into and outside the country; imposition of a dusk-to-dawn curfew under the Public Order Act, 2003; as well as inter-county travel bans between the capital, Nairobi, and three other high-risk counties of Mombasa, Kilifi and Kwale.

A day after the government confirmed its first coronavirus case, Tanzania introduced a series of measures that included the closure of schools and the suspension of sports events on March 17, 2020. Additional directives, including quarantining travelers from countries with confirmed cases of COVID-19 at the travelers’ own cost, were announced by President Pombe Magufuli.

While many of the restrictions such as the closure of international borders, schools and churches and prohibitions on public gatherings have since been relaxed, the long-term impact of these and other restrictions persist.

In this brief, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) researched Covid-19 related censorship and surveillance practices and related regulatory responses      in Kenya, Tanzania and Uganda      that affected peoples’ digital rights, including the right to freedom of expression, access to information, and privacy. It shows that the different measures adopted by the three countries, including enactment and enforcement of repressive laws on misinformation/fake news, as well as intimidation, arrests, detentions, and suspension of media operations, have led to an erosion of civil liberties online and offline.

The brief recommends the amendment of all the Covid-19 legislation that restricts freedoms to bring it into conformity with international standards on the right to privacy, data collection and processing as well as freedom of expression and access to information. Further, it urges governments to improve the affordability of the internet by more citizens, ensure the respect of citizens’ rights; and be transparent, and accountable in the conduct of Covid-19 related data collection and surveillance.

AFEX Condemns Military Brutality Against Journalists in Uganda

The African Freedom of Expression Exchange (AFEX) condemns the brutal attack by the Ugandan military on journalists and calls for immediate investigations and punishment for the officers involved.

The incident happened on February 17, 2020, when former presidential candidate, Robert Kyagunlanyi Ssentamu’s popularly known as Bobi Wine, and his party officials were going to the UN Office in Kampala to submit a petition about the “continuing abductions, torture and murder” of his supporters.

According to sources, when they got to the UN office, military officers were stationed near the entrance of the building and started attacking everyone, including journalists who were covering the event and were identifiable, and recognizable by their equipment and badges.

The officers reportedly assaulted at least twenty journalists and injured several others including four journalists who sustained severe head injuries.

“The journalists were doing their duty and they were clearly identifiable as journalists; they were not hostile, they were politely covering the events,” said Stephen Bwire of the Uganda Journalists Union.

Among the brutalized journalists, were Geoffrey Twesigye of NTV, Irene Abalo of Daily Monitor, Shamim Nabakooza of Record TV, John Cliff Wamala of NTV, and Timothy Murungi of New Vision.

Rashida Nakaayi of Galaxy FM, Josephine Namakumbi of NBS TV, Henry Sekanjako of New Vision, Joseph Sabiti of NBS, and Thomas Kitimbo of NBS TV were all attacked.

Some of these journalists had their equipment damaged by the military officers.

These violations add to a tall list of violations on journalists in Uganda which have gone uninvestigated and no perpetrators brought to book.

AFEX condemns these recent attacks and other previous ones and calls on the Ugandan authorities to call the security agencies to order and ensure that the attacks on journalists are investigated and the necessary actions taken against the perpetrators. We also demand that the authorities demonstrate their commitment to press freedom in the country by putting an end to the security agencies’ brutalities on journalists.

GPU Begins Nationwide Sensitization on Access to Information, Media Self-regulation

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The Gambia Press Union, with support from the British Government’s Foreign, Commonwealth and Development Office, is implementing a project aimed at strengthening ongoing efforts at building national consensus on Access to Information (ATI) and media self-regulation.

The project seeks to address public misconceptions about ATI and media freedom and contributes to reform of laws, policies and practices to enable and ensure free flow of information and responsible journalism. Activities under this three-month project began on Monday, 8th February, 2021 with a nationwide sensitization tour on ATI and media self-regulation.

“The access to information bill was submitted to the National Assembly in December 2019, and we are hopeful that it will be passed into law soon,” GPU President, Sheriff Bojang Jr., said at the opening of the sensitisation tour in Banjul on Monday. “If this happens, it will be a great achievement for this country and citizens in our quest for democracy and progress.”

The seven-day nationwide tour is being facilitated by two teams from the CSO Coalition on ATI, with one team covering regions in the provinces while the other team focuses on regions in urban Gambia – Banjul and West Coast Region. There will be two fora in each of the seven administrative regions of the country and participants will include area councillors, traditional women singers, youth representatives, and regional authorities.

John Charles Njie, Chairperson, CSO Coalition, said when a country is in transition, it needs a basis to move to the next stage. “And one of the foundations that we need as a country is to have an access to information law,” he said.

The Gambian process of developing the draft ATI bill started in 2016 with the GPU rallying more than 50 civil society organisations to ensure it was inclusive, and today, a CSO Coalition on Access to Information is the face and force behind the bill.

British High Commissioner to Banjul, David Belgrove, said an access to information law is a very powerful tool; it is one that is essential in any democracy.

“Any public body should be accountable to the people, and that’s not just media, it is not just civil society, individuals as well. This is a very important step in consolidating the Gambia’s democracy which your people struggled so hard to achieve,” he said in his keynote address on Monday. “Transparency is absolutely essential.”

The National Assembly Member for Banjul South, Fatoumatta Njie, said “it is an honour to be here [in Banjul] talking about a bill that is very close to my heart, because I do advocate for freedom of information and democracy.”

“Without an access to information law, you can’t hold your elected representatives accountable. Personally, I want public information requests be made available both in hard and soft copies,” Hon. Njie said.

MISA-Zimbabwe Calls for Inclusion of Journalists in COVID-19 Priority Vaccination Rollout

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MISA Zimbabwe calls upon the government to prioritise and also include journalists among the first priority groups listed for the COVID-19 vaccination rollout programme.

Our request is informed by the fact that the media was declared an essential service in terms of Zimbabwe’s COVID-19 regulations.

Journalists, together with other essential priority groups, are frontline workers that need to be prioritised as well given the critical role they play in keeping the nation informed on developments and measures the government is taking to contain the COVID-19 pandemic.

In any case, the media, by virtue of its fundamental and normative role of informing and educating, is key to the coverage of the immunisation rollout.

The media can, therefore, not be left out for later consideration as journalists will be reporting from the frontline as the country rolls out immunisation of the essential groups identified to receive the first jabs.

The government can work closely with the Zimbabwe Media Commission, media houses and media representative organisations on how best to implement the immunisation for journalists as they are a critical component of the sectors and groups that have been declared essential services.

Journalists are frontline workers that risk their lives as they collect and disseminate information hence the need to prioritise their health and safety.

Lessons can be drawn from Zambia, which through its Ministry of Health, recently announced that journalists would be among the first recipients of the COVID-19 vaccines when they arrive in that country.

Egypt: AFEX Welcomes Release of Journalist Mahmoud Hussein

The African Freedom of Expression Exchange (AFEX), welcomes the release of Al Jazeera journalist, Mahmoud Hussein, who was held in preventive detention since December 23, 2016, in Cairo, Egypt.

Hussein worked with the Doha-based Al Jazeera, an international media network, and was arrested on December 20, 2016, when he returned to Egypt after a family vacation. Upon his arrest, he was interrogated for several hours without a lawyer before being released. On December 23, 2020, he was rearrested. The Egyptian authorities only made this second arrest and detention publicly known two days later.

He was accused of publishing false information, spreading fake news, incitement against state institutions, and broadcasting false news to spread chaos. Hussein was so accused, simply because, the current Egyptian authorities perceive Al Jazeera; the media with whom Hussein worked as supportive of the Muslim Brotherhood, the movement that backed former President Mohamed Morsi. This movement is regarded as a terrorist organisation by the current government.

On May 23, 2019, a court ruled in favor of Hussein’s release. It however reversed the decision while additional charges were brought against the journalist. He was also deprived of legal assistance and interrogated without counsel.

Notwithstanding Hussein’s release, the stringent conditions under which he was freed is undermining his independence, freedom of movement, and his full rights as a journalist.

Since 2016, press freedom and freedom of expression landscape in Egypt have increasingly come under attack and is shrinking under the regime of President Abdel Fattah el-Sisi.

Several journalists have been arrested, tortured, and jailed.

An estimated 500 websites have been targeted by “draconian legislation” and bore the brunt of the anti-freedom of expression campaign embarked on by the current regime in Egypt.

Outspoken social media activists and several others have been jailed for criticizing the government or simply exercising their rights to free speech. Journalists are arrested and jailed for simply playing their constitutional mandated roles. All these attacks on the media, and social media users suggest a state-sanctioned clampdown on freedom of expression and freedom of the press.

Therefore, while AFEX is delighted that the four-year-long detention of journalist Mahmoud Hussein has ended, we condemn his illegal detention and denounce the repressive and discriminatory measures imposed on him and the media in the country. AFEX also demands that the Egyptian authorities abandon all charges leveled against Hussein and other journalists and social media activists arrested and still in detention.

World Radio Day 2021: MFWA Applauds the Resilience, Versatility of Radio in the Face of COVID-19

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The theme for this year’s World Radio Day – New World, New Radio – highlights and celebrates the significance and resilience of radio in remaining sustainable over time; adapting to new technologies and continually providing services to society in the face of a changing world.

In West Africa, the Media Foundation for West Africa (MFWA) acknowledges the crucial role of radio as the most accessible media platform and source of information to citizens, especially the vulnerable, literate/semi-literate and those in remote areas. Radio has enabled information dissemination, public education, citizens’ mobilisation, sensitization and awareness creation be it in the context of conflicts, disease outbreak, terrorists’ actions and even under oppressive regimes. Significantly, within the democratisation processes of the West Africa region, radio has provided spaces for public discourse/debates and civic engagements.

With the outbreak of the COVID-19 pandemic, many radio newsrooms across the region evolved. Indeed, the media are faced with significant financial crisis due to advertising squeeze, less spending by media consumers and some repressive policies by governments exacerbating the already precarious sustainability crisis that confronts the region’s media. For example, in Mauritania, of the five private radio stations in the country, only one was able to stay afloat and broadcast in the whole of 2020 due to COVID-19 while in Guinea, several other journalists were laid off and other media outlets shutdown completely.

The MFWA, more importantly, applauds the resilience of radio stations in the region for adapting and developing innovative approaches to remain relevant and connected to their audiences. For instance, in Burkina Faso, WhatsApp was a major game changer. Radio stations relied on WhatsApp for newsroom meetings and decisions on topics for news programming and interviews and even for interactive programmes. In Senegal and Ghana, media organisations significantly relied the online app, ZOOM, to carry out newsroom meetings and conduct interviews. Old newsroom schedules and practices have been altered as many newsrooms run shift and allow their Journalists to file stories from home and send via mail to radio without having to go to the studio.

The growing cancellation of advertising contracts also saw many radio stations, last year, turning to the online space as a new revenue model. Senegal’s foremost private radio, SUD FM consciously boosted its online presence as part of its strategy to generate resources in the long term. According to Baye Omar, General Manager of Sud FM “the future is online and we are betting on YouTube. Now our interviews with high officials and main programmes are on YouTube. We are counting on it to generate revenues on the long term. This pandemic is offering an opportunity for radio stations go digital”.

The MFWA also commends the radio fraternity for developing new programmes focusing on COVID-19 and stepping up public education, sensitization and awareness on the pandemic. While fake news, mis/disinformation characterized COVID-19 especially on social media, several radio stations positioned themselves as a trusted and credible source of information on COVID-19. Radio enabled the vulnerable, less privileged, and citizens in remote areas citizens including the socially excluded to still access information in languages they could better understand to guide their decisions. In Ghana, for example, the MFWA’s partnership with Media Alliance against COVID-19 misinformation saw about 10 million Ghanaians reached with fact-checked information/reports to counter the fake news mis/disinformation on COVID-19. In Guinea Conakry, Radio Djigui and other radio stations in the country developed series of interactive programmes to specifically debunk false information on the pandemic.

As the world continues to battle the pandemic, the MFWA urges radio workers to strive at all times to remain professional in the discharge of their duties; remain committed to the fight against fake news dis/misinformation on COVID-19 and continue to be resolute in the enterprise of democratic governance which include holding duty bearers accountable, ensuring equitable distribution of resources and participatory governance.

Nigeria: IPC Urges Release of Kidnapped Journalist Chidiebere Onyia

The International Press Centre (IPC) Lagos-Nigeria, is highly disturbed that yet another journalist has been kidnapped.

The abduction at gun-point of Chidebere Onyia, a reporter with the Nigerian Television Authority (NTA), Port Harcourt zonal office was confirmed by officials of the Rivers State Council of the Nigeria Union of Journalists in a statement today.

IPC is concerned about what is now becoming a pattern and hereby joins the Rivers NUJ, the family of the abducted journalist and all lovers of freedom to demand her unconditional release.

“It is a dangerous trend that we are being confronted with and everything must be done to ensure the safety of Mrs. Onyia who is equally a nursing mother”, said the Executive Director of IPC, Mr. Lanre Arogundade.

IPC also calls on the security agencies to not only secure her freedom but ensure that the perpetrators are apprehended and brought to justice to serve as a deterrent to others who might be contemplating to target journalists.

Mindful of the general insecurity in the country, IPC hereby calls on the Federal and State Governments to take seriously the constitutional obligation imposed on them to guarantee the welfare and security of citizens.

In view of the earlier kidnap of Punch Journalist Okechukwu Nnodim in Abuja, IPC hereby enjoins all journalists in the country to always take safety precautions.

SGD:

Melody Lawal Program Officer/Safety Desk Officer IPC

melodyakinjiyan[@]ipcng.org

+2348132776441

Ghana: Soldiers, Vigilantes Assault Media Crew at Mining Site

The Media Foundation for West Africa (MFWA) condemns the harassment and assault of a news crew from Kumasi-based LUV FM at a mining site at Manso in the mineral-rich Ashanti region of Ghana by a group of soldiers and private guards.

The crew had accompanied a government Environmental Sustainability Taskforce to report on illegal mining activities in the forest enclave on January 15, 2021.

Reporter Erastus Asare Donkor told the MFWA that the illegal miners called in some heavily-muscled men and military reinforcement to prevent his crew from filming activities at the mining settlement operated by private individuals under military and vigilante protection. He said one of the guards assaulted him and forcibly took the car keys from their driver. Another guard engaged the cameraman, Kofi Asare in a scuffle in a bid to seize his camera which got damaged in the process.

“The guards broke our windscreen and side mirrors. Owner of the site, Donald Entsuah ordered the military to delete all footage from our camera and our personal phones,” Erasmus also told myjoyonline.com, an online platform of the Multimedia Group which also operates LUV FM. He added that their phones were seized and their recordings deleted by the guards.

The crew however managed to retrieve some of the recordings from the memory card after the soldiers had forced them to format it. The media personnel were briefly detained and released following the intervention of officials of the Ministry of Environment and senior officers of the Ghana Armed Forces.

Reacting to the story, the Public Relations Officer of the Ghana Armed Forces, Colonel Eric Aggrey-Quarshie, told the MFWA that the military authorities are investigating the alleged involvement of soldiers in the affair.

“The Armed Forces have not received any official report about the incidents; neither from Luv FM nor the government Taskforce. Nonetheless, we have begun preliminary investigations into media reports of the presence of soldiers at the mining site in order to find out those involved and whether they were there in official capacity. If any wrongdoing is established, we will apply the relevant sanctions under our internal disciplinary code to those involved,” Colonel Aggrey-Quarshie said.

The MFWA strongly condemns the assault on the LUV FM crew who were carrying out legitimate duties. The seizure of the journalists’ camera and forcible deletion of contents their phones is an illegal violation of their digital rights. We are deeply concerned about the role of vigilantes in this drama which is contrary to the recently-enacted anti-vigilantism law in Ghana.

We urge the management of the Multimedia Group to lodge a complaint with the police about the assault on their employees by the vigilantes and to follow-up on the case to ensure justice.

We welcome the proactive move by the Ghana Armed Forces to probe the alleged role of soldiers in the abuse of the journalists and in the entire drama, and advise the Multimedia Group to formally report the incident to the military authorities to facilitate their investigations.

AFEX Calls on Uganda Authorities to Ensure Safety of Journalists, Keep the Internet On during Elections

Ugandans go to the polls to elect a President on January 14, 2021, in a tensed context which has seen several journalists assaulted, arrested, and detained for simply doing their work of informing the public and providing a platform for divergent views.

President Yoweri Museveni, 76, has been in power since 1986 and is one of Africa’s longest-serving heads of state. Museveni who ruled Uganda for ten years as a military leader, is running for a sixth term since he secured his first mandate as a civilian president in 1996.

Museveni is competing against 10 other candidates, including MP for Kyadondo East, Robert Kyagulanyi Ssentamu alias Bobi Wine, the presidential candidate of the National Unity Platform (NUP). Bobi Wine has been brutalised and arrested by security forces on several occasions.

Another opposition presidential candidate, Patrick Oboi Amuriat of Forum for Democratic Change (FDC) was also brutalised by the security forces at his party’s headquarters in the south of Kampala on November 3, 2020.

The African Freedom of Expression Exchange (AFEX), is deeply concerned about the continued abuse of human rights in the country and urges the Ugandan authorities to protect the safety of journalists and uphold press freedom during and after the polls.

Assault on Journalists

The government has in recent years demonstrated gross intolerance for independent media reportage. State security forces have descended heavily on journalists who are merely doing their work. During the last two months for example, the police has used brute and excessive force against several journalists reporting on activities and campaigns of opposition politicians.

On November 18, 2020, Ashirat Kasirye, a journalist working with Ghetto TV, was nearly killed after being pepper-sprayed and left unconscious by police officers during the arrest of prominent opposition figure, Robert Kyagulanyi Ssentamu, popularly known as Bobi Wine.

On December 6, David Lubowa, a photojournalist with Daily Monitor was assaulted by the police in Jinja district. Lubowa was covering the campaign trail of Bobi Wine while the police attacked him with a teargas canister.

Five days later, on December 11, the police attacked six other journalists who were also covering the campaign procession of Bobi Wine. A standoff ensued between the security forces and the sympathizers of the presidential candidate as the security agents attempted to prevent them from holding their rally in the Alebtong District. In the ensuing scuffles, Moses Waisswa of Busoga One FM, Batte Ssesanga of BBS Terefayina, John Cliff Wamala of NTV, and David Tamale of Bukede TV were mercilessly beaten up by security forces.

Two other journalists, Jonathan Tusingwire and Richard Kalema of Ghetto media, were also manhandled. The journalists sustained serious injuries and were rushed to the hospital.

On December 27, the police fired teargas canisters at journalists, hitting and injuring at least three of them in the Masaka district. Kasirye Saif-Illah Ashraf, a journalist with Ghetto Media, was hit in the head. Ali Mivule, a reporter with the private media NTV Uganda, was hit in his thigh and sustained severe pain and swelling. Also, Daniel Lutaaya, a journalist with NBS TV was brutally assaulted by the police.

In Kalangala, Central Uganda, the police on December 30, arrested and detained Derrick Wandera and Culton Scovia Nakamaya, two journalists, working respectively for the newspaper Daily Monitor and BBS Terefayina TV. The two journalists were released few hours later but were interrogated by the security agents about their social media publications. The secutity agents accused them of inciting to violence by covering live Bobi Wine arrest and profiling negatively the police.

On January 1, 2021, in the northern Nebbi District, a police officer damaged the camera of Dedan Kimathi, a journalist working with the news online ChimpsReport. After damaging the camera, the security agents forced him to delete the picture he has been taking.

Abusing journalists for simply doing their work is unacceptable. We therefore call on the government of Uganda to call the errant security officers to order and take further steps to ensure the protection and safety of journalists at all times. Journalists play a crucial role in elections. This include shedding light on the various stages of the electoral process, thus promoting transparency, fair play and accountability on the part of the election stakeholders and the various actors. This is a fundamental requirement for credible elections and consolidation of democracy.

Internet Shutdowns

The government of Uganda has a history of shutting down the internet during elections. In two instances, on February 18 and May 2016, the Ugandan government shut down the internet and restricted access to social media platforms. The first internet blackout took place on the eve of the presidential election in 2016 and lasted for four days. Two months later, the second social media blackout targeting Facebook, WhatsApp, and Twitter, and mobile money transfers took effect.

Both shutdowns in 2016, were ordered by the Ugandan government  were ordered by Uganda’s security agencies and the Uganda Communications Commission (UCC), which regulates the telecommunications sector, online publications, broadcasting (both radio and television), film industry, postal and courier services.

Shutting down the internet during elections has proved futile. Shutting down the internet and social media before, during, or after the election often end up stoking up socio-political tensions and disaffection. It denies people their right to information and is detrimental to constructive public discourse. It is even more dangerous in a pandemic such as COVID-19.

In view of the above, AFEX joined other 55 organisations across the globe to urge the Ugandan authorities to keep the internet on before, during, and after the election. Particularly the government of Uganda should:

  • Ensure that the internet, including social media and other digital communication platforms, remains open, accessible, and secure across Uganda throughout the election;
  • Ensure that mobile money, banking, and other financial avenues for transactions remain accessible and secure;
  • Order internet service providers to provide everyone with high-quality, secure, and unrestricted internet access; and
  • Order internet service providers to inform internet users of any potential disruptions and to take all reasonable steps to fix any identified disruptions likely to impact the quality of service they receive.

Togo: Director of Publication Arrested

The High Authority for Audiovisual and Communication (HAAC), the institution in charge of media regulation in Togo, has requested the courts to withdraw the operating license of the weekly, L’Independent Express, whose director of publications was arrested over an article the regulator judges to be defamatory of members of government.

The request made on January 4, 2021, followed an article entitled “End of year scoop: Women Ministers Arrested for Theft of Golden Spoons”, published in the edition 545 of December 29, 2020 of the newspaper which reported that some women ministers had stolen golden spoons during an official reception.

In the night of December 30, 2020, the Central Research and Criminal Investigations Service (SCRIC) of the gendarmerie arrested director of publication of the newspaper, Carlos Komlanvi Kétohou, in front of his family. The journalist says the security agents questioned him about the article and his sources. They also seized his phone and coerced him to reveal the passwords to his social media and email accounts.

Released on January 2, Ketouhou was summoned the same day and interrogated by the HAAC in the presence of Isidore Sassou Akollor, the President of the Patronat de la Presse Togolaise (PPT), an association of media owners.

“This article constitutes a serious violation of the rules of professional conduct and ethics of the journalist profession,” the HAAC said in a statement released on January 4. “During the hearing, the Director of publication of the weekly L’Indépendant Express could not provide any proof of the assertions contained in this article, in particular the date and the precise place of the incidents mentioned.”

The HAAC revealed in the press release that it had requested the courts to withdraw the operating license of the newspaper in line with paragraph 2 of article 63 of the Press and Communication Code in Togo, relative to the deliberate refusal to respect professionalism and ethics.

The decision of the HAAC has been greeted with shock by the media fraternity and civil society, with the Patronat de la Presse Togolaise (PPT) rejecting the move as “too extreme.”

The Togolese Dany Ayidah, who is Resident Director of the National Democratic Institute (NDI) in the Democratic Republic of Congo and member of the Togo-based group, Commitment for a Peaceful Future, observed that “the Togolese media is also likely to disappear, or have all its prerogatives withdrawn. There will always be self-censorship. People will be afraid to publish disturbing articles, people will not be able to dig into disturbing cases, and ultimately, since judges tend to protect the strongest, it is the rule of law that will suffer.”

Meanwhile, Ketohou is summoned to appear before the presiding judge of a Magistrate’s Court in Lome at 9:00 am on January 11, in connection with the HAAC’s suit against the newspaper.

The Media Foundation for West Africa is concerned about the arrest and detention of Ketohou for an alleged press offense which, under Togolese law, is liable to civil and not criminal proceedings. We would have expected the HAAC to mediate between the newspaper and whoever claims to have been defamed by the publication under reference. Having failed to do so, but rather chosen to constitute itself into the complainant, the HAAC is abandoning its responsibility of using mediation to protect the media against legal suits.

We are calling on the HAAC to redraw the summon. We also call on the authority in Togo to allow Carlos Ketohou and L’Independent Express to operate without any harassment.

South African Police Shoot Journalist Reporting on Protests

South African journalist Thobile Mlangeni sustained injuries on 26 November 2020 when police allegedly fired rubber bullets indiscriminately in Mbombela, Mpumalanga Province.

The South African National Editors Forum (SANEF) reported that Mlangeni was reporting on a protest in Mbombela. The police ordered the protesters to disperse, an order they refused to comply with, saying they wanted to be addressed by a Member of the Executive Council.

In an effort to disperse the crowds, the police fired rubber bullets.

In the melee, Mlangeni said, she hid behind a truck that was being used as a stage, but she was still struck by the rubber bullet. She has since filed a report with the police.

In a similar incident in June, the South African police shot a NewzroomAfrika journalist, Mweli Masilela, who was covering taxi riots in KaNyamazane.

Masilela was shot in the cheek.

MISA Zimbabwe position

Cases involving the shooting of journalists on duty are very unsettling and a very serious violation of the right to media freedom which allows media workers to conduct their work without unlawful hindrances.

We call on the authorities and the police to ensure the safety and security of journalists in such situations.

Journalists play a critical role in disseminating information, particularly during protests on service delivery. MISA Zimbabwe reiterates its earlier calls for authorities to ensure the safety and security of media workers conducting their lawful professional duties.

Regional Solidarity statement
14 December 2020