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JED Condemns Two Serious Cases of Media Attacks by Provincial Governor

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JED Condemns Two Serious Cases of Media Attacks by Provincial Governor

Journalists en Danger (JED) expresses its deep concern about situation currently prevailing in the province of Sankuru (central DR Congo) where the new Provincial Governor, on Thursday August 20, arbitrarily ordered, the immediate closure of the local Congolese National Radio-television (RTNC) station, as well as the suspension broadcasts by a private station and the arrest of two journalists from the latter media organisation.

JED urges the Deputy Prime Minister in charge of the Interior, Mr. Gilbert Kankonke, in his capacity as the official exercising authority over the Governors of the provinces, to dissociate himself from this act and to use all his prerogatives to get these two media to continue their activities freely.

According to our sources, the local station of the Congolese National Radio-television and Radio Losanganya, (owned by Mr. Lambert Mende, former Minister of Communication and Media and former challenger of Mr. Joseph Mukumadi in the election for Governor of the province of Sankuru ), both based in Lodja, a town located about 400 km from Lusambo, capital of Sankuru province, were stormed on Thursday August 20, 2020 by some members of the Armed Forces of the DR Congo (FARDC) and the Congolese National Police acting on the orders of the Governor of the province who allegedly criticised the two media outlets for “their lack of professionalism.”

According to the same sources, during his address to the local people at the Patrice Emery Lumumba Stadium in Lodja on Thursday, August 20, Governor Joseph Mukumadi openly accused the RTNC and Radio Losanganya of broadcasting hate, sabotaging his actions for political purposes and in particular, of failure to mobilise the local community for development since their esttablishment in Lodja.

Following these accusations, a group of police officers and FARDC soldiers raided the RTNC and Radio Losanganya offices, located in the same building, where they ordered the journalists of the RTNC to cease all their activities until further notice. Then they headed to Radio Losanganya where they arrested journalist Hubert Djoko and technician Albert Lokongo before taking away some broadcasting material from the radio station.

The two journalists were taken to the Stadium where the Provincial Governor was holding a meeting. The Governor publicly threatened the two journalists, accusing them of working for the benefit of the owner of their media outlet rather than in the interest of the local population. The two journalists were subsequently taken to the police station where they are still being held.

François Lendo, director of Radio Losanganya, was briefly detained for questioning at police station where he was told to stop all broadcasts and play only music.

When contacted by JED, the police colonel who led his troops to the premises of the two media outlets said he only acted on the orders of the Provincial Governor without knowing exactly the official reason for the closure of the two media houses. “I don’t know much. I am awaiting the report from my superiors to know the complaints made against the two media organisations. I learned from unofficial sources that the RTNC has been closed for lack of neutrality (…) “.

Also contacted by JED, Mr. Crispin Osomba, RTNC / Lodja station manager, revealed that as of this Friday morning, the premises of his media house were still under siege by a group of soldiers and armed police: “These soldiers are even in the the process of dismantling the transmitter of the RTNC. So far, we have received no official communication from the provincial officials. I don’t know what the Governor is blaming us for. At least during his meeting at the stadium, the Provincial Governor said that the RTNC pollutes the social climate here in Lodja. RTNC journalists were not allowed to cover the Governor’s arrival in Lodja. The press badges for access to the airport were refused by the Governor’s aides. Governor Joseph Mukumadi has long accused RTNC journalists of being recruited by former Minister Mende and of pursuing for his cause. “

Asked in turn by JED, Mr. Mukonkole, Provincial Minister of the Interior, said: “We saw fit to close the RTNC for the lack of professionalism of its journalists. These journalists forget that they are working in a state organisation. Instead of showing professionalism, these journalists work in the interests of a political actor. “

Without wishing to enter into the details of this affair, JED condemns with the utmost energy, the method used by the provincial governor obviously to settle personal scores, in a country that professes to abide by the rule of law.

Journalist Chin’ono Denied Bail Yet Again

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Journalist Chin’ono Denied Bail Yet Again

Journalist Hopewell Chin’ono was on 24 August 2020, denied bail yet again following his fresh bail application on the basis of changed circumstances.

However, in his ruling, Harare magistrate Ngoni Nduna highlighted that alleged exposure to Covid-19 in the prison facility and the passage of 31 July 2020 (a day that had been planned for demonstrations), does not constitute changed circumstances that warrant the granting of bail.

The fresh bail proceedings had been held in camera following an application by the State represented by prosecutors Whisper Mabhaudhi and Tendai Shonhayi.

Chin’ono was arrested on allegations of incitement to participate in a gathering with intent to promote public violence, breaches of peace or bigotry or alternatively incitement to commit public violence, allegedly linked to the planned demonstrations.

In custody since 20 July 2020, Chin’ono is set to appear in court on 1 September 2020 for the continuation of the remand proceedings.

He is now represented by Advocate Taona Nyamakura after his former lawyer Beatrice Mtetwa was barred from representing him on allegations of being disrespectful to the court and making derogatory comments towards the court through a Facebook page titled: Beatrice Mtetwa and the Rule of Law.

Nigeria: IPC Denounces Regulator’s Excessive Fine on Radio Station

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Nigeria: IPC Denounces Regulator’s Excessive Fine on Radio Station

The International Press Centre (IPC) has expressed dismay over the imposition of a fine of N5million (about USD 13,032) on the Nigeria Info 99.3FM Lagos, by the National Broadcasting Commission (NBC).

In announcing the penalty earlier today, NBC had cited the alleged unprofessional conduct of Nigeria Info 99.3FM, in the handling of the Programme, “Morning Cross Fire”, aired on August 10, 2020, between 8.30am and 9.00am.

The statement further detailed that “The station provided its platform for the guest, Dr. Mailafia Obadiah, to promote unverifiable and inciting views that could encourage or incite to crime and lead to public disorder”

Executive Director of IPC, Lanre Arogundade, said in a statement that NBC gave the impression that it was the Radio Station that put the words in the mouth of the guest and went on to impose a fine without any evidence whatsoever that the alleged statement had degraded any person or groups of persons, which would have amounted to hate speech.

“Even if a case of hate speech can be established, it is totally out of place in a democratic setting that NBC would be the one to accuse, prosecute and judge its own case against the station,” Mr. Arogundade said.

Mr. Arogundade therefore said that the hefty fine represented an assault on media independence, freedom of expression and the right of citizens to know about issues of public interest.

Mr. Arogundade demanded the immediate reversal of the decision saying that was the only path of honour left for the NBC to follow having embarrassed itself with the unreasonable fine against the radio station.

SGD:

Olutoyin Ayoade

Communications Officer

International Press Centre, Lagos

[email protected]

—
Olutoyin Ayoade

Communications Officer

IPC, Lagos-Nigeria

Email: [email protected]

International Press Centre (IPC), Lagos, Nigeria
IPC is Nigeria’s foremost media capacity development organization.
www.ipcng.org l www.twitter.com/IPCng l www.facebook.com/ipc.nigeria lwww.youtube.com/ipcng l Google+ : Ipc

Ethiopia: AFEX Joins Call for Facebook to Act on Violence-Inciting Speech

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Ethiopia: AFEX Joins Call for Facebook to Act on Violence-Inciting Speech

The Africa Freedom of Expression Exchange (AFEX) has joined thirty-five other organisations to demand action from Facebook to prevent the use of its platform to incite violence, propagate hatred, and advance discrimination in Ethiopia.

The open letter to Facebook made reference to the unrest that engulfed parts of Ethiopia following the killing on June 29, 2020, of Oromo musician and social activist, Haacaaluu Hundeessa, and asked the company to stop the use of its platform to continue the recrimination and attacks online.

The Open Letter to Facebook is below:

To Facebook:

The undersigned – activists, journalists, human rights organizations – call on you to stop the spread of violence and hate-inciting speech on your services in Ethiopia. On June 29th, 2020,  Haacaaluu Hundeessa, an Oromo musician and social activist, was shot and killed in Addis Ababa. Following his death, parts of Ethiopia were engulfed in protests, unrest, and violence. Since then, more than 160 people have been killed. The state-ordered internet shutdown has obscured any human rights violations perpetrated by government authorities and others, and prevented reporting and documentation.

The offline troubles that rocked the country are fully visible on the online space. The actors that are instigating violence offline also incite violence and propagate hate in the country online. Content shared online in text, livestream, and other formats called for violence, discrimination, and destruction of property of different ethnic groups. This is not the first time this has happened; previous incidents have led to similar situations.

We understand that incitement to violence is a complex issue where government action – or lack thereof – plays a key role in its materialization. Companies, including those that provide and curate a platform for communication, have a responsibility under human rights law “to prevent or mitigate adverse human rights impacts that are directly linked to their […]…services” and have the obligation to “[remedy] any adverse human rights impacts they cause or to which they contribute.” So far, Facebook has failed to prevent the escalation of incitement to violence on its services, and particularly in Ethiopia.

This is not the first time Facebook has neglected its responsibility to respect human rights, or to offer remedy for abuses to the extent it has contributed to them, in Ethiopia or other parts of the world. For instance, according to the Independent International Fact-Finding Mission on Myanmar, Facebook was used to campaign against and spread anti-Rohingya Muslim sentiment, and the company has admitted that “[it] weren’t doing enough to help prevent [the] platform from being used to foment division and incite offline violence” specifically against the Rohingya Muslims. This lack of action and its effects are still evident in Myanmar and where Rohingya refugees reside.

As human rights organizations, journalists, and activists, we are seeing the negative impact that content on Facebook that incites violence has on the communities we serve. This content can lead to physical violence and other acts of hostility and discrimination against minority groups. Based on international human rights law, content that meets the threshold of incitement to violence, hostility and discrimination does not belong to the protective scope of the right to freedom of expression. Despite the real risk it carries for minority groups and others in Ethiopia, such content remains online and visible on the platform.

Concerned individuals, organizations, and communities have warned Facebook and other social media platforms repeatedly on numerous occasions in private and in public about the imminence of the escalation we are seeing now. David Kaye, the former U.N Special Rapporteur on Freedom of Expression, during his last visit to Ethiopia, called on social media platforms, including Facebook, to regularly engage with Ethiopian authorities and civil society. Specifically, he requested that “at a minimum, [social media platforms] establish regular and rapid-reaction mechanisms to enable civil society to report the most concerning kinds of content on their platforms.”

We call on Facebook to address incitement to violence in Ethiopia as a priority and take these immediate and long-term mitigation measures: 

Immediate actions: 

  • Make content reporting on Facebook services in Afaan Oromo and Tigrinya languages fully available (it is already available in Ahmaric and English).        
  • Do not allow amplification of content that incites violence and discrimination, whether by content recommendation systems that are in use or as a result of targeted advertising practices.
  • Consider transparent and temporary changes to limit massive sharing functionalities in specific cases where there is an imminent risk of human rights abuse . Additionally, add specific, transparent, and temporary modifications to user interfaces to add tags to content that help users contextualize information.
  • Preserve restricted content that Facebook makes unavailable that incites violence and discrimination, as it could serve as evidence for victims and organizations seeking to hold perpetrators accountable. Ensure said content is available to victims, organizations, and international and national judicial authorities without undue delay.
  • Inform Ethiopian users about reporting mechanisms and relevant platform rules or guidelines.Reporting incitement to violence should be easy and intuitive. Facebook can achieve this, among other ways, by making adjustments to its user interfaces, pinned news feed announcements, etc. Facebook should invest in advertising, even in traditional media, to make sure that users know about these mechanisms and are able to use them.
  • Establish early warnings systems for emergency escalation that will help detect imminent harm to the physical security of individuals. Facebook should develop early warning systems in close cooperation with all relevant stakeholders operating at the grassroots level in Ethiopia, including civil society organizations and human rights experts. Facebook should ensure these systems enable trusted national partners to evaluate their performance regularly.

Essential long-term mitigation efforts:

  • Add significant resources to right-respecting content moderation efforts. Facebook should ensure that it recruits a sufficient number of content reviewers that have the required skills in all languages spoken in Ethiopia. The local-language content reviewers should also demonstrate sufficient understanding of the national political, social, historical, and cultural context in the country. The ratio of Facebook moderators has to correspond adequately with the number of Facebook users in Ethiopia. Sources estimate that Facebook ads can reach up to 6 – 7 million users in Ethiopia.
  • Content-moderation activities concerning Ethiopia should be coordinated by individuals that understand the dynamic local context, and they should be able to coordinate locally. These individuals should have the capacity to appropriately identify and assess calls for violence and must be able to take the necessary measures to mitigate harm.
  • Enforce meaningful and robust transparency initiatives about policies, standards, and practices for identification, removal, or other restrictions of online content that incites violence, propagates hates, and discrimination in accordance with human rights laws. Such data should be publicly released on a regular basis and, at minimum, should contain the following information: number and type of content violation, number of received complaints and average response time, and number of content removals as well as pages and disabled accounts.
  • Facilitate access to the internet for trusted partners during any internet shutdowns. Trusted partners can’t collaborate with Facebook to report content if they are deliberately cut off from the platform or the internet. Even though the majority of Ethiopians do not have access to the internet, the diaspora can still propagate violence-inciting content. 
  • Actively support and help to develop initiatives that promote human rights, tolerance, diversity, and equality for all people in Ethiopia. Engage in efforts promoting media literacy and help users distinguish credible news sources from propaganda and disinformation. In doing so, develop strong and continuous cooperation with trusted partners, independent media organizations, individuals, and flaggers on the ground, especially when matters of the highest public interest are at stake or if activities are likely to escalate violence.
  • Coordinate the efforts of global, regional, and local offices and staff to provide timely and coherent decision-making, led by human rights officers that are well versed in the dynamic context in Ethiopia.There are clear gaps between the Africa Policy Program managers who engage with trusted partners, civil society in Ethiopia, and the Facebook team that handles public policy issues. But the involvement of experts specializing in human rights issues should be a priority, with cross-functional reach to product, engineering, marketing, emergencies, elections, and other teams as necessary.
  • Finally, we call on Facebook and other dominant social media platforms, including private messaging services, to conduct in-depth human rights impact assessments for their products, policies, and operations, based on the national context, before they enter any new market. These assessments should be publicly available and translated to relevant local languages. This is particularly important for regions of the world that suffer from volatile ethnic, religious, political, or other social tensions. Private actors should employ measures to reduce risks as much as possible.

These requests do not preclude other efforts Facebook should make to help end incitement to violence in Ethiopia. We propose an initial set of long-overdue measures that must be implemented urgently.

 

Organizations

Access Now
ADC
African Declaration on Internet Rights and Freedoms Coalition
African Freedom of Expression Exchange (AFEX)
Africtivistes
ARTICLE 19 Eastern Africa
Association for Progressive Communications (APC)
Baptist Development
Center for Advancement of Rights and Democracy (CARD, Ethiopia)
Center of Concern
Civil Rights Defenders (CRD)
Civilsphere Project
Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
Derechos Digitales
Dexis Consuling Group – Promoting Religious and Ethnic Tolerance in Ethiopia
Digital Citizenship
Ethiopian Human Rights Defenders Coalition (EHRDC)
Ethiopian Labor Rights Watch
EthioTube Networks
Fundación Internet Bolivia
Fundacion Karisma
Internet Freedom Foundation, India
Manushya Foundation
Media Matters for Democracy, Pakistan
MinabTech (HaHuJobs)
Minority Rights
Myanmar ICT for Development Organization (MIDO)
Myanmar Tech Accountability Network
Oregon-SW Washington Diaspora Community
Paradigm Initiative
Partnership Agency
R3D: Red en Defensa de los Derechos Digitales
Social Media Exchange (SMEX)
TEDIC
West Africa Civil Society Institute
Youth IGF Ethiopia

Tanzanian Authorities Continue Clampdown on Media

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Tanzanian Authorities Continue Clampdown on Media

Tanzania has announced a new set of regulations for foreign media in a continuing and worrying trend of clamping down on freedom of expression and media freedom. Under the new regulations, local media houses are now required to seek permission from the government before broadcasting content from foreign media outlets.

The Tanzanian Communications Regulatory Authority (TCRA), decreed that local media should apply for a separate licence, which will allow them to broadcast content from foreign media on their channels.

Tanzanian media must re-register and may not broadcast programmes of foreign partners until a new licence is granted, according to the new regulations. The regulations will affect Tanzanian broadcasters that have partnerships with international broadcasters such as Germany’s Deutsche Welle (DW), and the British Broadcasting Corporation (BBC).
The new regulations came after Radio Free Africa aired a BBC interview with opposition politician, Tundu Lissu. In the interview, the opposition politician claimed the authorities had denied him an opportunity to pay his last respects to the late former Tanzanian president, Benjamin Mkapa.

Radio Free Africa has since been summoned by the TCRA to explain why it ran the story without a comment from a government official. The government also accuses the radio station of running a one-sided story and wants Radio Free Africa to show cause on why disciplinary action should not be taken against the station.

MISA Zimbabwe position

Tanzania is due to hold elections in October and this latest directive could be designed to muzzle free media and also ensure that the opposition does not receive due media coverage.

It is critical that towards, during and after elections, the media is allowed to operate freely while the opposition also gets coverage to enable voters to make informed decisions and choices. These are the tenets of democracy.

A disturbing trend is developing in Tanzania, where media freedom is continuously on the decline, with authorities coming up with arbitrary regulations to curtail the operations of the press.

This is probably meant to give the incumbent, President John Magufuli an advantage in the forthcoming elections, but it will also do irreparable harm to Tanzania’s democracy credentials.

On allegations that Radio Free Africa ran a one-sided interview, this is an ethical issue that should ordinarily be handled by a media self-regulatory body, rather than a statutory body such as the TCRA.

MISA Zimbabwe calls on Tanzanian authorities to ensure its media freedom and freedom of expression laws are aligned with African Union (AU) protocols and instruments such as the African Charter on Human and Peoples Rights (ACHPR).

The African Freedom of Expression Exchange joins MISA Zimbabwe in calling on the authorities in Tanzania to cease introducing stringent policies that limit the practice of journalism in the country. We urge government of President Magufuli to withdraw this new directive and allow the media to do its work.

AFEX Petitions Zimbabwean President to Ensure Release of Journalist Chin’ono

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AFEX Petitions Zimbabwean President to Ensure Release of Journalist Chin’ono

The Africa Freedom of Expression Exchange (AFEX) has petitioned President Emmerson Mnangagwa of Zimbabwe to ensure the release of investigative journalist, Hopewell Chin’ono, who has been detained since June 20, 2020.

Chin’ono was arrested on allegations of inciting violence, which was the authorities’ interpretation of the journalist’s call for anti-corruption protests.

“We are, by this petition, calling on the Zimbabwean government to immediately drop charges against Mr Chin’ono and ensure an enabling environment for journalists to operate without fear of persecution and prosecution,” the petition signed by 15 AFEX members demanded.

The AFEX members also urged President to President Mnangagwa to improve the press freedom situation in the country which is deteriorating.

Kindly read the petition below.

 

His Excellency

President Emmerson Mnangagwa

Munhumutapa Building

76 Samora Machel Avenue

Harare

Zimbabwe

 

Your Excellency,

Petition: Release Journalist Hopewell Chin’ono and Protect Press Freedom in Zimbabwe

The African Freedom of Expression Exchange (AFEX) presents its compliments to you.

AFEX is a Network of some of the most influential freedom of expression organisations across Africa that work together to promote and improve the press freedom situation on the continent.

We are writing to express our alarm at what we see as the deteriorating environment in Zimbabwe in terms of freedom of expression rights and digital rights of the media over the past few months.

Our member, Media Institute of Southern Africa (MISA) Zimbabwe has recorded a surge in violations of media freedom with journalists being persecuted in the line of duty since the outbreak of the COVID-19 pandemic in the country.

So far, at least 24 violations have been recorded, with a majority of the violations taking place since the implementation of COVID-19 regulations lockdown measures on March 30, 2020. These violations have culminated in the arrest of investigative journalist, Hopewell Chin’ono on June 20, 2020 on allegations of inciting violence through calling for anti-corruption protests.

We are, by this petition, calling on the Zimbabwean government to immediately drop charges against Mr Chin’ono and ensure an enabling environment for journalists to work in, where they shall be free to operate without the fear of persecution and prosecution.

In addition to this, the High Court recently declared that the police and state security officers enforcing the lockdown should not unjustifiably interfere with the work of journalists. We however continue to see an increase in the number of violations against journalists despite the court order.

This is also despite the fact that journalists are legally recognised as providers of essential service during the COVID-19 lockdown in terms of Statutory Instrument 93 of 2020 enacted in Zimbabwe. Journalists continue to play a critical role in information dissemination during these COVID-19 times. It is in the interest of public health and respect for the declaration of rights in Zimbabwe’s Constitution to ensure that media freedom is protected and promoted.

In that regard, we remind the Zimbabwean government that Section 61 of the Zimbabwean Constitution protects freedom of the media and freedom of expression. We urge the Zimbabwean authorities to show a commitment to these constitutionally guaranteed rights by allowing the media to operate freely without any harassment, assault, threats or reprisals for doing their work. All cases of media violations involving police officers and other state security officers enforcing the lockdown should also be investigated.

Your Excellency, upon your assumption of office in 2018, you expressed a commitment to entrench the pillars of democracy in Zimbabwe including instituting media reforms. We urge that these reforms be implemented as a matter of urgency. Such media reforms should also naturally include ensuring there is a conducive environment for the exercise of media freedom.

We reiterate our call to you, Sir, to intervene in the case against journalist Chin’ono to ensure the charges against him are dropped as these charges serve to promote self-censorship and infringe on freedom of expression and media freedom.

Sincerely

  1. Media Institute of Southern Africa (MISA)
  2. Africa Freedom of Information Centre (AFIC) – Uganda
  3. Association pour le Développement Intégré et la Solidarité Interactive (ADISI-Cameroun) – Cameroon
  4. Association for Media Development in South Sudan (AMDISS) –
  5. Centre for Media Studies and Peacebuilding (CEMESP) – Liberia
  6. Collaboration on International ICT Policy in Eastern and Southern Africa (CIPESA) – Uganda
  7. Freedom of Expression Institute in South Africa (FXI) – South Africa
  8. Gambia Press Union (GPU) – The Gambia
  9. Human Rights Network of Journalists- Uganda (HRNJ-U) – Uganda
  10. International Press Centre (IPC) Lagos-Nigeria
  11. Journaliste en Danger (JED) – Democratic Republic of Congo
  12. Institute for Media and Society (IMS) – Nigeria
  13. Media Foundation for West Africa (MFWA) – Ghana
  14. Media Rights Agenda (MRA) – Nigeria
  15. West African Journalists Association (WAJA)

 

Journalist Chin’ono Remanded in Custody After Court Appearance

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Journalist Chin’ono Remanded in Custody After Court Appearance

Journalist Hopewell Chin’ono on 22 July 2020 appeared before Harare Magistrate Ngoni Nduna who remanded him in custody to tomorrow for the continuation of his bail hearing.

This was Chin’ono’s first court appearance following his arrest on 20 July 2020.

He is being charged with contravening Section 187 (1) (a) as read with Section 37 (1) (a) (i) of the Criminal Law (Codification and Reform) Act, or alternatively for contravening Section 187 (1) (a) as read with Section 36(1) (a) of the Criminal Law (Codification and Reform) Act.

The charges relate to incitement to participate in a gathering with intent to promote public violence, breaches of peace or bigotry or alternatively incitement to commit public violence.

During the bail hearing, Beatrice Mtetwa who is leading the team of lawyers representing the journalist registered complaints against the police, which included the following:

  • The illegal nature of the arrest as noted by the violent manner in which it was effected as evidenced by the broken glass from the sliding door (at his home).
  • Failure by the arresting officers to identify themselves.
  • Failure by the police officers upon his arrest to inform him of his rights.
  • Delay in informing him of the charges that were being laid against him. He was arrested around 11 am and was only charged around 17:21hrs.

The State represented by Prosecutor Whisper Mabhaudhi is opposing bail on the grounds that:

  • Hopewell Chin’ono has connections with foreign people and is likely to abscond.
  • He is likely to interfere with investigations and destroy evidence.
  • His release would endanger the safety of the public as he has been calling upon the people to demonstrate, petition or gather during the Covid-19 lockdown.
  • Accused is likely to commit other offences relating to this charge as one of his tweets indicated that he is prepared to use any means possible to engage in his unconstitutional activities.

The matter was postponed to tomorrow for the continuation of the bail hearing.

President of Ghana Suspends Ministerial Directive to State Broadcaster Following MFWA’s Petition

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President of Ghana Suspends Ministerial Directive to State Broadcaster Following MFWA’s Petition

The Media Foundation for West Africa (MFWA) has welcomed the Presidential decision to suspend execution of a Ministerial order to the state-owned Ghana Broadcasting Corporation GBC to surrender three of its six Digital Terrestrial Television (DTT) channels, a directive the MFWA had challenged as “illegal and inimical.”

“The president of the Republic, Nana Addo-Dankwa Akuffo-Addo, on Thursday July 23rd, 2020, directed the Minister of Communications, Hon. Ursula Owusu-Ekufful, MP, to suspend the implementation of the directives given to the Ghana Broadcasting Corporation (GBC) in connection with the reduction of GBC’s channels on the Digital Terrestrial Television (DTT) platform, pending further consultation with stakeholders” a statement from the Presidency said.

The President’s directive came three days after the MFWA petitioned the media regulator, the National Media Commission (NMC) challenging the propriety and constitutionality of the directive issued on June 26, 2020 by the Communications minister, Hon. Ursula Owusu-Ekufful.

“Not only is this attempt by the Minister of Communication to sequester three of the TV channels of the state broadcaster an expression of ministerial overreach; it also unfairly reduces the public service broadcaster’s footprint within the current 40-channels platform, the MFWA said in its petition which urged the NMC to resist the attempt.

With regard to content, the MFWA also raised concern that the withdrawal of the three channels could force GBC to cull certain programmes, which could adversely affect its inclusive programming that caters for the varied interests and diverse cultures in Ghana.

The MFWA took the government to task for disregarding the media regulator, the National Media Commission (NMC) which has oversight responsibility over all state media, including GBC as spelt out in Articles 167 – 173 of the 1992 Constitution of Ghana and other provisions on institutional governance and operational independence of the state broadcaster and media pluralism generally.

The Foundation also called on the NMC to urgently intervene to prevent the Board and GBC from complying with the illegal and inimical instruction from the Minister of Communications.

Following the MFWA petition, the NMC on July 2, 2020, issued a statement asserting its constitutional right to protect GBC from undue Executive control.

“Allowing politicians to control the gateway to public communication would introduce vulnerabilities into the constitutional firewalls of free expression in Ghana,” the regulator said in a statement, adding that it would be “unhelpful to democracy to leave the control of the gateway to public communications in the hands of a Minster of State.”

A day after the NMC’s reaction, the Presidency issued a statement suspending the order to sequester the three channels.

The MFWA hails the decision by the President as timely and appropriate. We also commend the National Media Commission for asserting its authority over GBC and constitutional obligation to insulate the state media against executive interference.

We reiterate our call on government to allow the Committee recently set up by the NMC to recommend strategies for a vibrant and viable Public Service Broadcaster to complete its work. It is our expectation that ,the recommendations of the committee will  enable each stakeholder play its role effectively to ensure a vibrant and sustainable public broadcasting service.

Good News, Bad News: A Story of Internet Shutdowns in Togo And Ethiopia

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Good News, Bad News: A Story of Internet Shutdowns in Togo And Ethiopia

The pushback against internet shutdowns in Africa received a boost last month when the Economic Community of West African States (ECOWAS) Community Court of Justice ruled that the 2017 internet shutdown in Togo was illegal. This followed another win just over a year ago when, in January 2019, the Zimbabwe High Court ruledthat the state-initiated internet shutdown that same month was illegal.

However, barely a week after the ECOWAS ruling, Ethiopia  initiated a nationwide shutdown, thus serving a reminder of the persistent threat of internet shutdowns on the continent. Ethiopia has a history of repeated network disruptions, including during national high school exams, but mostly as a means to stifle public protests. Prior to the latest disruption, last year a 10-day nationwide disruption was initiated following the assassination of six top government officials.

The latest disruption comes on the heels of protests triggered by the murder of Hachalu Hundessa, a popular musician and democracy activist. Between January and March 2020, millions of Ethiopians in the western Oromia region were similarly disconnected from the internet and were in the midst of a government-imposed shutdown of internet and phone services and thus could not readily access information, including Covid-19 news.

Ethiopia’s shutdown also bears some traits with the Togolese shutdown of 2017, which was initiatedfollowing the announcement of planned anti-government protests by members of the opposition and resulted in internet access being disrupted during September 5–11, 2017. In 2019, the digital rights advocacy group Access Now led a coalition of eight organisations, including CIPESA, in filing an amici curiae (friends of the court)  brief in a lawsuit filed by Amnesty International Togo and other applicants.

The ruling by the ECOWAS court acknowledges that the internet shutdown, in addition to being illegal, was also an affront on the right of freedom to expression, echoing a 2016 resolution by the United Nations on the promotion, protection and enjoyment of human rights on the internet. Further, Access Now reports that the court ordered the government of Togo to pay two million CAF (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.

In both Ethiopia and Togo, old habits die hard. Last February, when Togolese citizens went to vote, authorities disrupted access to messaging services (WhatsApp, Facebook Messenger, and Telegram) on election day after the polls had closed. The disruption was imposed despite the call by local and international rights groups urging the government to ensure an open, secure, and accessible internet throughout the election period.

A statement issued by the #KeepItOn coalition in the wake of latest disruption noted that the Ethiopian government has a responsibility to protect freedom of expression and access to information rights of all persons in the country, as enshrined in its national constitution, as well as regional and international frameworks including the Universal Declaration of Human Rights, International Convention on Civil and Political Rights (ICCPR) and African Charter on Human and Peoples Rights, to which Ethiopia is a signatory. It added: “The government should be working to make sure Ethiopians connect to the internet, not the contrary.”

Almost two weeks after the disruption was initiated, reports started emerging that internet was partly restored. Digital rights advocates have noted that disruptions undermine the economic benefits of the internet, disrupt access to essential services such as health care, and often fail to meet the established test for restrictions on freedom of expression and the right of peaceful assembly under the ICCPR.

The network disruption does not help Ethiopia’s reputation which is battling to shake off its autocratic history.  The Horn of Africa country, which was due to hold parliamentary elections this August, has since postponed these plans but continues wading through political and economic reforms, some of which impact on internet access and digital rights.

A study of network disruptions in Sub-Saharan Africa showed that the less democratic a government is, the more likely it is to order an internet disruption. Both Ethiopia and Togo are characterised as authoritarian on the Economist Democracy Index.

The decision by the ECOWAS court marks a notch in the push back against internet shutdowns in Sub-Saharan Africa. Other cases against shutdowns have been lodged in various courts, including in Uganda and Cameroon, and serve as reference points for the necessity of strategic litigation in fighting network disruptions. However, judging from the experience of countries like Ethiopia, which have repeatedly disrupted networks, the strategic litigation needs to be complimented by several other efforts in fighting the scourge of shutdowns in the region and to become a thing of the past.

Zimababwean Government Urged To Enact Cybersecurity Bill In Line With Continental Benchmarks

Vivian
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Zimababwean Government Urged To Enact Cybersecurity Bill In Line With Continental Benchmarks

The Media Institute of Southern Africa (MISA) Zimbabwe and other civil society organisations have petitioned the country’s speaker of Parliament over the draft Zimbabwean Cybersecurity and Data Protection Bill.

Read the petition below.

Dear Speaker of Parliament, Hon Advocate Jacob Mudenda,

The undersigned group of civil society organisations who work to promote and defend freedom of expression and information as a fundamental right worldwide are writing to express our concern over the gazetted Zimbabwean Cybersecurity and Data Protection Bill.

While the government has taken a bold step in developing a Bill that establishes a regulatory framework for the ICT sector, the merging of cybersecurity and data protection into a single piece of legislation will make it challenging to strike a strategic balance between security concerns and digital rights. In its current form, the proposed Bill has a number of significant shortcomings  that do not meet international standards on protecting privacy and personal data, and, therefore, risk undermining the purpose and scope of the law.

One such issue is the lack of clearly defined circumstances and procedures for the use of forensic tools like key stroke logger, which is being permitted by this legislation and poses a high risk of infringement on the right to privacy. A key stroke logger is an investigative tool or software that permits the user to remotely access data, monitor and record computer activities of another person. Furthermore, the Bill does not provide for judicial oversight or other accountability measures for monitoring and reviewing potential abuses of such intrusive technologies. In addition, we stress that the Bill should place an emphasis on prioritizing less intrusive methods of gathering evidence as a way to avoid the use of excessive investigative methods. This is especially crucial given the lack of specific safeguards to protect whistleblowers, which should also be incorporated to prevent this legislation from being used to target individuals leaking information of public interest.

Whilst the Bill establishes a management framework through the Cybersecurity Centre and Data Protection Authority, the oversight mechanism lacks independence, given that this regulatory role is given to the Postal and Telecommunications Regulatory Authority of Zimbabwe, which would report directly to the Executive. Instead, there is a crucial need for an independent data protection authority that is answerable to parliament, with its appointment processes publicly conducted – as is the case in other jurisdictions and according to best practice. This will serve to minimize the potential for Executive abuse.

Finally, the rights of data subjects should be clearly defined, listed and reinforced. Provisions outlining the handling of individual’s data need to include specific procedures for the timely reporting of security breaches. At the same time, those that allow for the processing of personal data in the name of national security or the public interest must be provided for by law with a clear explanation of what constitutes ‘national security’ and the ‘public interest’. In this regard, other vaguely worded offences related to electronic communications and material have the potential of promoting self-censorship and infringing on free expression and should be struck down or reconstituted to align with international standards and the Constitution.

The country’s internet regulatory framework and digital security laws must be democratic and serve to protect and enable the enjoyment of citizens’ rights to communication, access to information and free expression in a secure environment, both online and offline. A number of international standards and best practices have been developed and endorsed by governments. African regional standards that can be drawn on to inform  Zimbabwe’s proposed bill include, the SADC Model Law on Computer Crime and Cybercrime, SADC Model Law on Data Protection, the African Convention on Cybersecurity and Data Protection, and the African Declaration on Internet Rights and Freedoms.

The equal prioritisation and balancing of cybersecurity with data protection, privacy and interrelated fundamental rights is essential, and it is therefore imperative to ensure that the proposed law is unbundled into two standalone laws, in conformity with both the Constitution and international legal frameworks.

Sincerely,

Mammoth Anti-Government Protest Triggers Massive Press Freedom and Freedom of Assembly Violations in Mali

Vivian
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Mammoth Anti-Government Protest Triggers Massive Press Freedom and Freedom of Assembly Violations in Mali

A number of protesters have been killed, the internet disrupted and the state broadcaster attacked as a mammoth anti-government demonstration in Mali turned violent, with many press freedom violations.

Bamako was paralyzed by scenes of looting and violence on July 10, 2020 as thousands of Malians massed up at Independence Square in Bamako in response to a call to civil disobedience made by the M5-RFP (a coalition of the opposition political parties, civil society and religious organisations).

The National Assembly was vandalized. Several government buildings were occupied and three principal bridges in the capital were blocked. Thick smoke overshadowed the morning sunlight as the youth burnt car tyres on several principal roads in a fit of rage.

The security forces responded with brutal force to acts of violence and vandalism by protesters by firing warning shots, attacking with truncheons and tear gas, with official sources confirming one dead.

A hospital source however told the MFWA’s correspondent that the demonstrations left 3 dead, with the Centre Hospitalier Universiataire Gabriel Touré (CHU GT) and the Bamako reference health center receiving a total of 74 injured protesters between them. The organisers of the protest say about eight people were killed over two days.  Shooting of tear gas by the police continued all Friday evening to disperse the protesters.

The protests continued on July 11, in several major arteries in the Malian capital. In districts like Magmanbougou, Niamakoro, Baco Djikoroni and Faladie, protesters burned tires and placed giant barricades on the tracks.

In line with the recent problematic trend during anti-government demonstrations in Africa, the internet was disrupted.

Netblocks, an organisation that monitors internet shutdowns, announced on June 10, that early reports indicate that the internet and social media had been censored.

Press Freedom Violation

The State broadcaster, Office de Radio-Television du Mali (ORTM), was hard-hit by the violence. Several of  its offices in Bozola (the ORTM headquarters) were ransacked and equipment belonging to the broadcaster were looted.

ORTM was invaded and chaotically occupied and vandalized, with the resulting losses running several hundreds of millions of CFA francs. Two vehicles belonging to journalists were also set on fire.

The state broadcaster stopped broadcasting the evening of July 10 after the invasion of its premises over several hours. This chaotic situation continued until midday on July 11.

The ORTM offices and its journalists were not the only victims of the protesters’ violence. A number of journalists had a bitter taste of the protesters’ violence, while the security forces’ robust response also led to several press freedom violations. Mamadou Cissé, journalist with the Horon Group, told the MFWA correspondent: “I was arrested by the police while I was reporting and then released later”.

Journalist Hawa Kamissoko of the Liberté TV Group was arrested in the middle of her coverage by police officers who shoved her into a pick-up. Her close associates reported her release at 6 pm the following day (July 11).

The media organisation Groupe Ernergie in a press release also reported attacks on its reporters on July 10. According to the Group, journalists Harouna Keïta, and Fanta Cisse  were robbed of their phones, camera and wallets.

“We condemn with last energy this barbaric and despicable act while reassuring that legal proceedings will be initiated for the purpose of finding the perpetrators,” concluded the release signed by the Editor-in Chief, Moussa Salif Diarra.

Moussa Koné, a correspondent of international media, testified: “I was beaten with batons and my corrective lens crashed to the ground. It’s the same contingent that killed the boy in Badalabougou.”

Arrests of Protest Leaders

Several leading figures behind the demonstrations were arrested immediately after the demonstration on July 10. They include the General Coordinator of the Coordination des Mouvements, Associations et Sympathisants (CMAS),  Issa Kaou N’djim, who was arrested at his home. Others were Nouhoum Sarr of the FAD party, Adama Ben Diarra and Clément Dembele.

Another wave of arrests was carried out the following day. Former Ministers Mountaga Tall and Choguel Kokalla Maîga were arrested during a meeting at the office of the main opposition leader.

Imam Mahmoud Dicko, a powerful religious leader who played a crucial role in mobilising the masses, reported himself to the police to be detained in solidarity with the arrested protest leaders.

Indignation and Appeal for Dialogue from Prime Minister

Prime Minister Boubou Cisse, on a visit to the CHU GT (the University hospital) on July 11, expressed his anger and indignation.

“I came to visit the wounded from yesterday’s events. I came to tell them that the Head of State is a man of peace and dialogue. He will never stop urging us to dialogue so that we find the solution to our problems by listening rather than the confrontation. “

Prime Minister Cisse has appealed to the leaders of the M5 movement to “frame demonstrations in the spirit of the constitution as well as laws and texts relating to the exercise of freedoms.”

Protesters’ Demands

One of the demands of the protesters is to see President Ibrahim Boubakar Keita resign for perceived failure to tackle insecurity, corruption, mass unemployment and Mali’s worsening economic situation.

Since 2012, Mali has been experiencing a multifaceted, security, political and economic crisis. S Neighboring countries including Niger and Burkina Faso are also paying a heavy price.

Elected in 2013 at the end of the long process of transition from the crisis arising out of the military coup of March 22, 2012, President Keita started of his tenure on the crest of wave of popular support. Now he appears weakened by the upheavals of governance and public life and his ratings have plummeted in recent years. It should be remembered that since coming to power in 2013, he has been the subject of several medical evacuations abroad.

International Community Reaction

The international community has reacted by condemning the violence exhibited by both sides and urged the government to release the arrested leaders to facilitate dialogue.

A statement issued by representatives of the ECOWAS, the African Union, the European Union and the United Nations on July 12 condemned “the use of lethal force in the maintenance of order and invite all stakeholders to exercise restraint and to always prioritise dialogue, concertation and peaceful means of crisis resolution.

The Media Foundation for West Africa also condemns in the strongest terms, the excesses on both sides. We find it unfortunate that both sides attacked journalists and destroyed the equipment of media professionals who were only performing their legitimate duties. While condemning the killing of demonstrators, we demand thorough investigations into all the acts of lawlessness for appropriate sanctions to be applied against the perpetrators.

Ghana: Police, Media Launch Framework to Promote Mutual Understanding, Safety of Journalists

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Ghana: Police, Media Launch Framework to Promote Mutual Understanding, Safety of Journalists

The Ghana Police Service (GPS) and major media stakeholders in Ghana have launched a manual on police-media relations. The manual is aimed at reinforcing relations between the Service and the media in order to enhance safety of journalists and ensure that perpetrators of violations against journalists are punished.

Officially termed the Framework on Police-Media Relations and Safety of Journalists in Ghana, the manual was launched at a forum held at the Police Headquarters in Accra on July 1, 2020. The forum was attended by the top brass of the Ghana Police Service, representatives of the Ministry of Information and media stakeholders including the Media Foundation for West Africa (MFWA), National Media Commission (NMC), Ghana Journalists Association (GJA), Ghana Community Radio Network (GCRN), Editors Forum-Ghana, Ghana Independent Broadcasters Association (GIBA), Ghana Institute of Journalism (GIJ) and Private Newspaper Publishers Association (PRINPAG).

Launching the Framework, Mrs Adelaide Annor Kumi, Chief Director of the Ministry of Interior, expressed the hope that the Framework would foster excellent working relationship between the media and the Ghana Police Service for improved standards of policing and journalism. She called on the stakeholders to commit fully to the implementation of the recommendations of the Framework and pledged her Ministry’s support for the initiative.

The Framework follows a two year-long series of multi-stakeholder engagements and consultations facilitated by the Media Foundation for West Africa (MFWA) with funding support from UNESCO-IPDC, OSIWA and IFEX and the Netherlands Embassy in Ghana.

In his opening remarks, the Executive Director of the MFWA, Sulemana Braimah, recalled that the process began on May 22, 2019 at a time of tension between the media and the police following a brutal police assault on a journalist who was covering an event at the Police Headquarters. He added that the collaboration has helped in creating a healthy atmosphere of mutual respect and understanding. This rapprochement, he said, is expected to be boosted by the proposal in the Framework to establish a broad-based Media-Police Relations Committee.

Mr. Braimah explained that both institutions play crucial roles in promoting democracy and the rule of law. He added that the COVID-19 emergency and the approach of the 2020 general elections make it the perfect time to launch the framework.

Mr. Ron Strikker, Ambassador of the Netherlands to Ghana, expressed his government’s commitment to promoting the safety of journalists “as a human rights policy and a broader political policy.”

For his part, COP Dr. George Akuffo Dampare, Director General of Administration at the Ghana Police Service, who represented the Inspector General of Police, Mr James Oppong-Boanuh, welcomed the framework as a lever for advancing relations between two critical players in promoting good governance.

“This policy framework underscores the relevance attached to foster the Police-Media’s collaborative efforts aimed at promoting good governance in the country. The Police-Media collaboration which is at a bilateral level of cooperation, has the capacity to deepen democratic governance and dispensation,” COP Akuffo Dampare stated.

Mr Edmund Kofi Yeboah, General Secretary for the Ghana Journalists’ Association, observed that while the Police service as a statutory institution can sanction offending officers, media houses and journalists have often refused to submit to the disciplinary mechanism of the regulatory body or the professional association to which they are affiliated. This attitude of impunity on the part of the media could pose a challenge to the successful implementation of the Framework, he added. Kofi Yeboah also advocated that the Framework should be incorporated into the training curriculum of police training institutions and journalism schools, a proposal which was endorsed by Zakaria Musah Tanko, a lecturer at the Ghana Institute of Journalism.

The Executive Secretary of the National Media Commission (NMC), George Sarpong, hailed the Police-Media Framework as an important addition to safety of journalists’ mechanisms that his outfit and the Ministry of information have separately initiated. He called for a discussion on how to fuse the three initiatives into a broader national safety of journalists’ mechanism.

Presenting highlights of the Framework, Prof. Kwame Karikari, the project consultant, said the Framework does not give privileges to the Police or the media, but rather seeks to improve the two institutions’ understanding of each other’s constitutional roles for better cooperation in the service of the public. He said the media’s reporting duties often clashes with the security and safety directives measures of the police during public events.

“While Ghana’s constitution forbids censorship, the police are permitted to restrict media coverage in certain circumstances,” Prof. Karikari stressed, adding that “such restrictions must be provided for by law; must be proportionate and reasonable and must pursue a legitimate aim of protecting life, property, public safety and peace.” Prof. Karikari said because journalists are obliged to prioritise public interest at all times, it should not be difficult for them to find ways to dialogue and cooperate with the police in situations where their respective roles give rise to conflict.

He urged both bodies to take their members through the document, stressing that media houses could use a day to educate their staff on it.

The process of developing the Framework began on July 11, 2018 with a forum on Police-Media relations in Ghana which was addressed by the then Inspector General of Police, Mr. David Asante-Apeatu. Among the key recommendations of the forum was the development and adoption of a framework to guide relations between the Media and the Police.

Pursuant to this recommendation, a multi-stakeholder Committee known as the Committee on Police-Media Relations was set-up to drive the process. The Committee subsequently appointed Prof. Kwame Karikari as a Consultant to lead the process.

On June 20, 2019, the Police Management Board (POMAB) wrote to the MFWA to indicate its approval of the draft Framework that had been submitted to it on May 22, 2019, paving the way for its formal launch.

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