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

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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

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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.

Journalist Samuel Wazizi’s Family Was Never Contacted After Military Intervention

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Journalist Samuel Wazizi’s Family Was Never Contacted After Military Intervention

The Government of Cameroon has declared that late Journalist Samuel Ebuwe Ajiekia a.k.a Samuel Wazizi’s family was contacted after he was moved to Yaounde. After verification, DataCameroon is able to say the opposite.

The declaration was made public by the Chief of Communication in the Ministry of Defense, Cyrille Serge Atonfack, through a communiqué dated June 5, 2020. According to the communiqué, the journalist died due to infections in a military hospital in Yaounde since August 17, 2019.

The communiqué further revealed that he has been in constant communication with his family since he was arrested on August 2 and also states that when he died, his family was informed about his demise and where his corpse had been deposited pending burial. The same document also wondered why the family of the late journalists decided to abandon the corpse at the morgue till date.

The government representative further says Wazizi was arrested for having connections with terrorists and complicity in terrorism acts, adding that after investigation, they discovered that he was a logistician for several terrorism groups. On August 7, according to the document, Wazizi was sent to the 21 Motorized Infantry Brigade and latter transferred to the Central Criminal Investigation Service of the National Gendarmerie on August 13, 2019.

We are also told by the communiqué that upon arrival in Yaounde, he was feverish and was sentto the military hospital for treatment. Cyrille Serge Atonfack, in his communiqué declared that Wazizzi died on August 17, 2019 as a result of severe Sepsis and not from any form of torture or physical abuse.  These declarations from the government, it should be noted comes after a Douala-based TV station had announced, authoritatively, that Samuel Wazizi had died sometime in August 2019.

The announcement from the TV station is reported to have been an eye opener to journalist who have since his arrest, been clamoring for his release or at least an appearance in court.

Unable to have access to their client, the lawyers filed a habeas corpus lawsuit on August 13, 2020 urging the government to produce their client for a formal court hearing to answer to the charges levied against him.

While the lawyers were pressing the court to produce their client, the journalists associations to which Samuel Wazizi was a registered member, joined their voices to that of the lawyers on November 5, 2019.

The silence from the government and repeated adjournment of the case pitting Samuel Wazizi against the Republic of Cameroon became unnatural and many concerned groups treated the silence with contempt.

By the start of the year 2020, the absence or disappearance of Samuel Wazizi from the face of the earth was more real than apparent and the noise-level from journalists associations was reverberating across the lands and oceans to far-away boarders.

The smile-looking and composed portrait of Samuel Wazizi could be seen on all newspaper pages, social media groups and public posters.

The situation finally went off hand on Wednesday June 3, 2020 when the Cameroon Association of English Speaking Journalist, CAMASEJ, and other journalists’ associations stormed the Southwest governor’s office asking explanations on the whereabouts of their colleague following the announcement of his death by a TV Station based in Douala on Tuesday June 2, 2020.

The Southwest governor, Bernard Okala Bilai, is reported to have distanced himself and his Region from the Samuel Wazizi case. Governor Bernard Okala Bilia is on record to have told the pressmen in the conclave that Yaounde should give an account of the journalist’s sudden disappearance.

He further told journalists that by the time Samuel Wazizi was being taken to Yaounde, he was in good health. This declaration from the Governor raises worry over the statement from the Ministry of defense that Wazizi got to Yaounde with a poor health record.

As the journalists were considering their next action, that is to take Yaounde by storm, then came the communiqué from the government through the Chief of Communication in the Ministry of Defense, Cyrille Serge Atonfack, on June 5, 2020. The communiqué from the Ministry of defense ever since it was released on June 5, has been attacked and challenged by many sources with a lot of unanswered questions raised both online and offline. This pushed us to fact check some element of the press release.

No Contact With Family

Henry Abogho, Wazizi’s brother

According to our findings, there was no conversation between Wazizi and his family ever since he was handed to the Military. The last time anyone saw or heard from him was in Muea Police station, a few days after his arrest. His brother, Henry Abogho, has denied the government’s claim that they were both in constant communication with Wazizi and were aware of his situation and the death.

After being briefed by a journalist on government position regarding Wazizi’s death, his brother is reported to have said, “Since Wazizi left Muea police no calls no news. I would have told you because I know you as a journalist and friend to Wazizi. I am the one following up the case for my family and my number is everywhere, why did they not call me, they are lying.”

According to Henry, “The last time I saw my brother was at Muea police station. When they took him to the 21st motorized infantry battalion, I went there several times but they chased me away saying people are not detained there”.

Wazizi’s sister-in-law, Metete Joan Njang, told cpj.org in a phone interview that the journalist’s family had not been able to contact him since shortly after his arrest on August 2, 2019, and was not made aware of his death until a news report on June 3.

In a youtube video that went viral on https://www.youtube.com/watch?v=GD4aroIqemc, his brother narrated that someone had called him to request for FCFA 30,000 to remove Wazizi from the cell that he was because he is not in good shape. He added that when he asked to speak with Wazizi, the caller dropped and they have not heard anything till the government announced that he has died.

In a telephone conversation by datacameroon to find out through which means was Wazizi’s family informed about his death, the head of Communication Unit at the Ministry of defense said, it will be made public at the appropriate time 

Clean Medical History

Although we could not lay hands on any of his medical reports, Wazizi’s Family members, both his Brother and Sister In-Law recounts that, he has hardly been sick, very hardworking and provides basic needs for the family.

From the circumstances surrounding his arrest proper, it is clear that he was well and hearty the day he was picked up at 11.00 am if we go by the narrative of his boss at Chillen Muzik and Television His boss narrated that, he was instructed by the security officers who stormed his office, to call for Wazizi on phone hands free.

That he was also told to tell him that there are some clients who need his service at the radio and that a few minutes after the call, Wazizi landed, hence by the time of his arrest he was not sick. This further corroborated the governor of the South West Region who had told Journalists that Samuel Wazizi left Buea and got to Yaounde in good health, adding that he is not aware of what ever happened after that.

Evidence Of Torture

The government release states that Wazizi did not die of Torture and rather that he was sick and later died. However, Emmanuel Nkea, one of Wazizi’s lawyers, told rfi.fr/en   that they had received new evidence on from a close friend of the deceased journalist that he had been tortured. “This person has confirmed to us that…some people had called her phone and said to her that they wanted her to send some money to Wazizi, intimating to her that Wazizi had been so badly beaten, to a point that his waist was broken,” says Nkea.

Barrister Emmanuel Nkea Pose with SNJC SW President After Storming The Court In Search For Wazizi

The lawyer says that they are protecting her identity for now, but when Wazizi had originally been arrested in 2019, he had given him a list of close contacts that included this person. The people calling the contact said “he needed medical assistance, so she sent FCFA 20,000 to a particular number with the name of the person. We have all these details,” says Nkea.

Access to information Crucial for an Effective Response to the COVID-19 Crisis

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Access to information Crucial for an Effective Response to the COVID-19 Crisis

The need for accessing public information during crisis exists at every step, regardless of the severity it may have on the people. Governments often have vital information that members of the public need to make crucial decisions concerning their lives. Such information must, therefore, be disseminated promptly and as completely and accurately as possible. It’s no wonder that the need for the recognition of citizens’ access to public information gained momentum immediately after a global crisis-World War II!

The right to information during crises has always implicitly existed under Article 19 of the Universal Declaration of Human Rights, which provides the right to “freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”[1]

The U.N Secretary-General Antonio Guterres recently warned that the world faces the most challenging crisis since World War II — one that is killing people, spreading human suffering, and upending people’s lives. And that the magnitude of our response must match the scale of the crisis.[2]

Why is access to information during crises significant?

Whether it is during economic or health crisis or armed conflict, access to information is critical to decision-making. In the case of health crises like Ebola or COVID-19, timely access to information is essential in preventing infections and their management. People need to know how they can protect themselves from catching a disease or spreading it to family and loved ones.

Accurate information is needed to enable decision-makers to make the right decisions on time. Timeous decision-making can, therefore, save lives and money. A delay or wrong decision could negatively impact thousands if not millions. This issue has been demonstrated during the COVID-19 outbreak where countries that made timely decisions like New Zealand were less affected as compared to, for example, the United States and Spain, which delayed.

During major crises, the risk of corruption and mismanagement is very high, and the impact of such can be catastrophic; yet accountability mechanisms like other aspects of public life have most of the time been affected by the crises. In Nigeria, millions of dollars allocated to fight Boko haram terrorism were diverted, leading to the arrest of the National Security Advisor in 2015. In 2018, the U.N found that billions of shillings of aid meant for refugee settlement had been stolen in Uganda and more recently, senior officials in the Office of the Prime Minister were arrested for allegedly inflating prices of relief food. Access to information facilitates citizens to hold authorities accountable for their decisions and actions.

One of the significant characteristics of pandemics and other crises is that they are multisectoral, multidimensional and dynamic. An effective response requires a multi-stakeholder approach with strong coordination and free flow of information. If any of the stakeholders lack timely access to information, a chain of failures will be triggered with severe consequences for addressing the crisis.

In the new age of misinformation, fake news and broader reach of the internet, communities could either be alarmed or set of fire if there is no timely access to accurate information.

The Paradox

Despite the importance of citizens’ access to information, 30 African countries are yet to enact and implement national laws promoting citizens’ access to information. Even the 24 countries with these laws struggle with implementation. This is although the Sustainable Development Goals Framework under SDG 16.10.2 recognise and call for all Member States to adopt and implement access to information laws. This same call is replicated in African Union treaties including the African Charter on Human and Peoples’ Rights, the African Charter on Democracy, Elections and Governance, the African Union Convention on Preventing and Combating Corruption, the African Charter on Values and Principles of Public Service and Administration, African Youth Charter and the African Charter on Statistics.

The Call

  1. Access to information is not a choice but an issue that governments must urgently take decisions on to prevent infections or death of citizens. It is urgently needed to combat crises, promote the wise use of limited resources allocated for managing crises.
  2. It is also crucial that the United Nations agencies like the World Health Organisations, UNDP, UN Women and UNICEF take urgent measures to work with member states to prevent death by making access to information during crises central to responses.
  3. The African Union should urgently engage member states to ratify treaties that recognise citizens access to information and domesticate them by adopting and effectively implementing respective national access to information laws.

[1] Harvard Humanitarian Initiative; The signal code: A human Rights Approach to Information During Crisis

[2] The New York Times; https://www.nytimes.com/aponline/2020/03/31/world/ap-un-virus-outbreak-united-nations-1st-ld-writethru.html

Investigative Journalist Ignace Sossou Released from Prison

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Investigative Journalist Ignace Sossou Released from Prison

The Media Foundation for West Africa (MFWA) welcomes the release from prison of Beninese journalist Ignace Sossou.

Sossou had been imprisoned since December 2019 for publishing the public statements of Benin’s public prosecutor, Mario Mètonou, on social media.

The Benin Web TV journalist, was arrested at his home on December 20, 2019 by agents of the central office for the suppression of cybercrime and brought before a court, which sentenced him to 18 months in prison on December 24, 2019.

His arrest and conviction prompted numerous condemnations from freedom of expression organisations, including the Media Foundation for West Africa.

Following Sossou’s imprisonment, the MFWA initiated many actions, including two petitions for the release of Ignace Sossou. The organisation also joined many international human rights organisations to put pressure on the authorities in Benin to obtain the unconditional release of the journalist.

On April 28, the day of one of the appeal hearings, MFWA and seven other press freedom organisations issued a statement calling on the Beninese authorities to release Ignace, particularly in view of the risk of infection by COVID-19 during his detention.

On 3 May, MFWA and its national partners sent a petition to the Special Rapporteur on Freedom of Access to Information of the African Commission on Human and Peoples’ Rights (ACHPR), Lawrence Mute, urging him to intervene in the case to secure the journalist’s release.

The pressure from freedom of expression organisations, including MFWA, led to commuting of his sentence to 12 months with 6 months suspended by the Court of Appeal on May 19.

After his release on June 24, Sossou who still have a six months suspended sentence, told MFWA he is happy to be back home.

”I am very happy to be out of prison; the joy of being reunited with my family, loved ones and colleagues. Also, the joy of going back to work. I need to make up for the time I lost in detention. I would like to thank all the organisations defending the rights of journalists who have mobilised to demand my release,” Sossou told MFWA.

Although the MFWA believes that Sossou should not even be arrested, detained and imprisoned for simply relaying the words of the public prosecutor, Mario Mètonou, we are delighted that the journalist had been freed and has been able to rejoin his family.

CIPESA Announces 2020 Fellows

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CIPESA Announces 2020 Fellows

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) is pleased to announce the nine recipients of its 2020 fellowship awards. Introduced in 2017, CIPESA’s fellowship programme aims to increase the quality, diversity and regularity of research and media reporting on ICT, democracy, and human rights in Sub-Saharan Africa.

The fellowship programme cultivates links between the academic community and practitioners in the ICT field for mutual research, learning, and knowledge exchange, so as to create the next generation of ICT for democracy and ICT for human rights champions and researchers.

In the context of the Covid-19 pandemic, the nine fellows will primarily focus their energies on researching Covid-19 related censorship and surveillance practices and policy/regulatory responses by governments and private actors; and documenting trends and developments in technology for public good policy and practice.

Meet the fellows:

Astou Diouf – Senegal – Astou is a lawyer with undergraduate and postgraduate qualifications from Faculté des Sciences Juridiques et Politiques (FSJP), l’Université Cheik Anta DIOP de Dakar, with extensive experience in business litigation, cybercrime, and cybersecurity. She  will research the role of internet intermediaries and service providers in the fight against Covid-19 in Senegal, including on issues such as facilitating increased access to the internet, privacy and personal data infringements, and content regulation.

 

Hopeton S. Dunn, PhD – Botswana – Hopeton is a Professor of Media and Communications at University of Botswana. He is also a non-resident Senior Research Associate at the School of Communication, University of Johannesburg, South Africa. He is the former Director of the Caribbean School of Media and Communication (CARIMAC), University of the West Indies (UWI), Jamaica, where he also headed the Mona ICT Policy Centre (MICT). He is interested in communications policy reform, digital literacy and inclusion, effective internet access and equity, especially as they relate to people in the Global South. His work spans media regulation, technology policy-making, and new theoretical constructs for development.

With a focus on Botswana and South Africa, Prof. Dunn will study the status of broadcast and online media regulation; technology and learning during the Covid-19 pandemic; and internet access and inclusion.

Afi Edoh – Togo – Togolese technology enthusiast Afi will study digital transformation and the digital economy in Ivory Coast, Ghana, and Togo during the Covid-19 pandemic, to determine value and innovation opportunities as well as challenges. She is a member of the organising committee of the Internet Governance Forum for Youth in West Africa and has also served on the United Nations Internet Governance Multi-Stakeholder Advisory Group (MAG). She holds a Masters and Bachelors in Information Technology from Sikkim Manipal University.

 

Mohamed Farahat – Egypt – Mohamed is an Egyptian human rights lawyer, specialised in refugees and migration. He is a member of theSteering Committee of Internet Rights and Principles Coalition (IRPC), a member of the Multi-Stakeholder Advisory Group (MAG) of the North Africa Internet Governance Forum, and the National Coordinator of the African Civil Society on Information Society (ACSIS) Egypt chapter. Since 2014, he has worked with the Egyptian Foundation for Refugees Rights (EFRR). He holds a degree in Law from Cairo University, and post-graduate diplomas in International Negotiation; Human Rights and Civil Society; African Studies; and International Law. Currently, he is a Master Degree researcher in the Faculty of African Studies – Cairo University.

As part of the fellowship, Mohamed will document inclusion of refugees in the technology-based responses to the Covid-19 pandemic in Egypt; and the role of the judiciary in the internet freedom landscape in North Africa.

Tusi Fokane – South Africa – Tusi, the former Executive Director of the Freedom of Expression Institute (FXI), will study the availability and use of digital technologies to combat the spread of Covid-19 in South Africa, with a focus on the criminalisation of misinformation, and obligations on service providers to remove fake news from their platforms. Furthermore, she will study the country’s readiness for electronic voting to comply with social distancing and other movement restrictions during the upcoming local government elections. Tusi is a co-founder and member of the Steering Committee of Re-Create, a coalition of South African creators who advocate for fair and balanced provisions in the ongoing copyright amendment process. She holds a Masters in Management degree in Public Policy from Wits University. Her particular interests are freedom of expression, technology, and human rights.

Jimmy Kainja – Malawi – Jimmy Kainja is a lecturer in media, communication, and cultural studies at University of Malawi, Chancellor College. His main areas of academic and research interest are communication policy and regulation, journalism, new media, (mis)information and disinformation, freedom of expression, and the intersection between media and democracy. Kainja has been a blogger since 2007 and is a founding member of Africa Blogging, which he co-edited between 2015 and 2019. In addition, Kainja has written for a number of reputable international media organisations including the BBC, The Guardian, Aljazeera, and New African. Locally he is a regular contributor of analytical articles to Nation Publications Limited newspapers.

In the context of the February 3, 2020 Constitutional Court nullification of the presidential elections and scheduled fresh polls in June 2020, and in parallel to the Covid-19 pandemic, Kainja will study hate speech and misinformation, data protection, and access to information.

Jean Paul Nkurunziza – Burundi – Jean Paul, a psychology and education sciences graduate of the University of Burundi, has been involved in digital rights policy and internet governance with the DiploFoundation and Internet Society since 2007. In 2010, he was awarded a fellowship at the United Nations Internet Governance Forum Secretariat. His CIPESA fellowship will focus on the political tensions in Burundi, including the recent internet disruption during elections; and ICT sector reforms by the new government, related to cybersecurity, privacy, and data protection.

Dunia Tegegn – Ethiopia – Dunia is a legal consultant, who has previously worked as an Almami Cyllah Fellow with Amnesty International (United States) and as a Human Rights Officer at the East Africa Regional Office of the UN High Commissioner for Human Rights. Dunia also worked as a Program Officer on Ending Violence against Women and Girls at UN Women Ethiopia, and on child protection issues with UNICEF Ethiopia. She holds a Master of Laws in National Security from Georgetown University Law Center and a Master of Arts in Human Rights from Addis Ababa University. Dunia is the first Africa Fellow for Georgetown’s LAWA program to earn a Master of Laws in National Security. She earned her bachelor degree in law from Bahir Dar University, Ethiopia. Dunia is a member of the Pan African Lawyers Union (PALU), the Ethiopian Bar Association, and the Ethiopian American Bar Association.

For her fellowship, she will study the role of the internet and access to information during 2020 elections in Egypt, Ethiopia, and Somalia.

Melissa Zisengwe – South Africa – Melissa is a Program Project Officer with the Civic Tech Innovation Network at Wits Governance School, based in South Africa. She holds an honours degree in Journalism and Media Studies and a Bachelor of Arts in English Language and Linguistics and Journalism and Media Studies from Rhodes University. Her work at the Civic Tech Innovation Network and Jamlab (also at Wits) focuses on digital innovation in Africa, including digital journalism and media, and promoting the growth and development of appropriate and effective uses of digital technologies in connecting government and citizens, in public participation, in transparency and accountability, and in delivering public services. In 2019 she was part of the Index on Censorship Youth Advisory Board – a project by Index on Censorship aimed at engaging with young people aged 16-25 from around the world and gathering their views on freedom of expression issues.

Inspired by the African Civic Tech database and the South Africa Cities Network Call for Local Covid-19 Data Responses, which is compiling an open evidence mapping of the use of open government data to address the Covid-19 response in South Africa’s cities and provinces, Melissa will study the use and adoption of civic tech during Covid-19 in select African countries. The research will pay close attention to Covid-19 civic tech and data responses related (but not limited to): Epidemiological info — a disease spread maps, statistics, dashboards; Disaster response information; Health and risk information; Services — food relief, disruptions, etc.; Information, guidelines, resource tools — for businesses, communities, citizens; Research and advocacy;  and Enhancing public communication and engagement and action.

Look out for the fellows’ outputs including blogs, policy briefs, and research reports on CIPESA’s online platforms in the coming months.

Towards an ATI Law in The Gambia: The Journey So Far

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Towards an ATI Law in The Gambia: The Journey So Far

Access to Information is one of the pillars of a strong democratic government. The legal right to request information from government can lead to transparency, accountability and encourages citizens to participate in public life.

The Gambia Press Union initiated the development of the Access to Information bill in 2016, supported by civil society organizations, The Gambia government and international bodies with interest or expertise in issues of freedom of information.

Access to Information Bill is the right to access public records and information held by public authorities or by persons providing services for them, to provide for the procedure to obtain access to that information, and for connected purposes.

A draft bill was first presented to the National Assembly in December 2019 by the Ministry of Justice for enactment. The Bill has gone through series of reviews both at national and international level. The most recent review was done by the National Assembly select committee on Education, Training & ICT and the report on the review has been successfully adopted by the National Assembly on Thursday June 25th 2020.

The Access to Information draft Bill 2019 if formally adopted by the National Assembly will allow citizens, journalists, students and civil society organizations to easily access government data. The bill seeks to:

  1. Promote transparency, accountability good governance and development by educating people about their rights
  2. Ensure transparency, strengthen the culture of provision of information, promote people’s participation in good governance, ensure accountability in the conduct of institutions, and combat corruption;
  3. Promote respect for human rights, promote effective, equitable and inexpensive exercise of the right of access to information;
  4. Establish clear and concise procedures for requesting and providing information held by public bodies and private bodies receiving public funds or performing public functions of providing public service.

Key Takeaway

  • ATI is a basic human right
  • The bill helps fight corruption
  • Nurtures a society where citizens can make informed decisions
  • With the right information citizens would be able to hold their governments accountable

Following a successful adoption of the ATI bill report submitted by the National Assembly select committee on Education, Training & ICT. The draft bill would be tabled on June 30, 2020 for a final consideration by the National Assembly members.

Authorities in Kenya Must Investigate Threats Against Journalist – AFEX

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Authorities in Kenya Must Investigate Threats Against Journalist – AFEX

The African Freedom of Expression Exchange (AFEX) has noted with concerns the reported threats against journalist John Wanyama of Citizen TV in Kenya.

According to reports, Wanyama started receiving the threats from individuals reportedly linked to two Members of the Kenyan Parliament after he covered a story on the poor state of roads in suburb of Uasin Gishu, a county in Kenya.

The residents of the locality had reportedly complained about the poor state of their roads and had called the County Government to intervene. Wanyama consequently wrote a story on the issue. However, after the story was published, he received threats from individuals who are allegedly linked to the two Members of Parliament.

Following the threats, Wanyama filed a complaint with the Directorate of Criminal Investigations. A group of lawyers have reportedly also urged the Directorate of Criminal Investigations and the Office of Director of Public Prosecution to investigate the issue.

AFEX condemns the threats on the life of John Wanyama and urges authorities in Kenya to investigate the matter and ensure that the perpetrators are held to account. AFEX also urges the police authorities to offer protection to the journalist and ensure his safety.

SADC Govts Should Cushion Media Against COVID-19 Threats

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SADC Govts Should Cushion Media Against COVID-19 Threats

The media in Southern Africa has over the years been facing a myriad of problems such as dwindling advertising revenue and declining sales for the print media amid the rapid shift to digital and online platforms.

While the media, particularly print, have been able to innovate and survive these challenges, the COVID-19 pandemic presents an existential threat to an industry that was already limping.

Many industries have been impacted by the outbreak of COVID-19. However, the collapse of media in the region could have a serious impact on freedom of speech and democracy. A free and unfettered media is one of the pillars of democracy, thus, the collapse of media organisations poses a threat to democracy.

For countries to continue to develop, there is a need for plurality and diverse media platforms so that citizens are kept well informed for them to make informed choices and decisions.

While the argument can be made that the gap being left by closing print publications is being filled by online platforms, however, statistics show that only 34% of the region have access to the internet. This leaves 66% of the regional population without enough sources for news and other information, much to the detriment of democracy.

South Africa

At the beginning of May, Associated Media Publishing (AMP), an independent media house launched in 1982, stopped trading and publishing its magazines. Its publications included Cosmopolitan, House & Leisure and Women on Wheels. Caxton and CTP Publishers & Printers also announced that they were closing their magazine division.

“Further, the negative impact of the recent COVID-19 lockdown on general economic activity and, as a consequence, on the ability of the business to trade normally in what were already difficult trading conditions for magazine publishers, has made this decision unavoidable,” Caxton said in a statement.

Due to the lockdown, newspapers such as the Citizen saw their income fall by as much as 60% during South Africa’s initial 21-day lockdown period that was announced towards the end of March. The company said 65% of adverts had also been cancelled due to the lockdown. To mitigate the losses, the newspaper company announced that workers may have to take pay cuts.

Independent Media and African News Agency (ANA), announced that staff may have to take pay cuts. On the other hand, the Mail & Guardian disclosed that some advertisers had cancelled their campaigns. Live events — which constitute about 20% of the company’s income — had also been stopped due to the coronavirus lockdown.

Zimbabwe

At the beginning of the country’s lockdown in March, Alpha Media Holdings (AMH), which publishes NewsDay, the Zimbabwe Independent and The Standard, announced that it had stopped printing its hard copies and would instead produce e-paper versions of its publications. The company also announced that all staff members would get a 50% pay cut, while those not directly involved in e-paper production were sent on leave.

Zimpapers, the publishers of The Herald, Sunday Mail, Chronicle and Sunday News, among a host of other titles, recorded some redundancies, with correspondents and workers in departments such as printing being laid off. AB Communications, the proprietors of ZiFM and Business Times, laid off several staff members, including journalists in the past month.

Subscription rates are very low on the Zimbabwean market, with companies relying on street sales. With citizens staying at home due to lockdown protocols, newspaper sales and revenue will certainly dip during this period, with serious implications for Zimbabwean media workers.

MISA Zimbabwe has written to the Minister of Information, Publicity and Broadcasting Services Monica Mutsvangwa proposing the setting up of a Media Sustainability Bailout Rescue Package. The package could be in the form of tax or duty exemptions and moratoriums on newsprint and other mass media and distribution equipment.

In addition, the government could also consider reducing registration and licence fees for media houses and also do away with some of the levies.

Botswana

News Company Botswana announced that they would stop printing and physically distributing the Botswana Gazette, which would now only be distributed as a digital copy. The Botswana Gazettehad been in circulation for more than 36 years. News Company said they had been developing their online products since 2014, but conceded that the coronavirus lockdown had accelerated a decision for the company to take its products online and abandon the print copy.

Other publications such as the Business Weekly and Echo, have also temporarily frozen their print papers and gone digital, while the Telegraph has not printed since the lockdown and neither does it have an e-copy.

Namibia

Reports from Namibia shows that giant publications like The Namibian are also finding it difficult to absorb the shock and business model dislocations borne out of the pandemic. Reports show that the newspaper is also thinking of adjusting its cost structures which will affect close to 30-40% of its journalists as it tries to adjust to the ravaging impact of the COVID 19 crisis.

Regional snapshot

It is important to point out that these are independent publishing houses that are suffering under the strain of the COVID-19 lockdowns, and their failure to operate viably, has serious implications on democracy in the Southern African region.

This pattern is replicating itself throughout the region, with media companies suffering losses due to depressed advertising and sales revenues. In Lesotho for instance, the Lesotho Timesannounced that it was cutting staff salaries by 20% for two months. In Zambia, media houses have reported downturns in their advertising revenue and circulation figures.

MISA Zimbabwe position

For democracy to function effectively, there is need for a strong and independent media, which plays its watchdog role rigorously and effectively. However, the media faces an unprecedented crisis due to the COVID-19 pandemic and the attendant lockdowns being instituted in various countries.

MISA Zimbabwe urges regional governments to come up with bailout packages for the industry in their respective countries.

However, for this to be effectively co-ordinated, there is need for a regional approach, with the process taking shape at the apex of the SADC regional grouping through the setting up of a broad framework which is all-inclusive and responsive to the moving target.

We, therefore, call upon governments to include the media in these COVID-19 bailouts and stimulus packages. The media is a very important pillar for democracy; and for democracy to thrive, there is a need for the respective governments to factor in the media in their bailout packages.

Coalition of Civil Society Groups Launches Tool to Track Responses to Disinformation in Sub Saharan Africa

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Coalition of Civil Society Groups Launches Tool to Track Responses to Disinformation in Sub Saharan Africa

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) together with Global Partners Digital (GPD), ARTICLE 19, PROTEGE QV and  the Centre for Human Rights of the University of Pretoria on June 17, 2020, jointly launched an interactive map to track and analyse disinformation laws, policies and patterns of enforcement across Sub-Saharan Africa.

The map offers a birds-eye view of trends in state responses to disinformation across the region, as well as in-depth analysis of the state of play in individual countries, using a bespoke framework to assess whether laws, policies and other state responses are human rights-respecting.

Developed against a backdrop of rapidly accelerating state action on COVID-19 related disinformation, the map is an open, iterative product. At the time of launch, it covers 31 countries (see below for the full list), with an aim to expand this in the coming months. All data, analysis and insight on the map has been generated by groups and actors based in Africa.

Government Surveillance Should Be Lawful, Justified and Necessary

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Government Surveillance Should Be Lawful, Justified and Necessary

MISA Zimbabwe takes note of the chain of events that have transpired in these last few months in Zimbabwe, which seem to point to increased attempts by the government to promote and entrench mass surveillance of citizens.

The recent press statement released by the Minister of Home Affairs and Cultural Heritage, Kazembe Kazembe, on the alleged abduction of three MDC Alliance Activists Joana Mamombe, Cecilia Chimbiri and Netsai Marova raised alarm on government surveillance of citizens.

In his statement, the Minister gave a detailed narration of the purported movements of the three abductees, which included their precise locations and times on the day in question.

And recently, in March 2020, the Zimbabwe National Army (ZNA) Commander Lieutenant-General Edzai Chimonyo, addressing senior military commissioned officers at the Zimbabwe Military Academy in Gweru, said the military would soon start snooping into private communications between private citizens to “guard against subversion,” as social media has become a threat to national security.

In his post-cabinet briefing on the 21st of April 2020, Finance Minister Mthuli Ncube said the government used a sophisticated algorithm to select beneficiaries of the ZW$180 COVID-19 pocket money. A social media report also elaborated that the Finance Minister claimed that “they looked at how much money is in your bank account, mobile wallet, and using your cell phone number, figured out where you really stay”.

What is alarming is what appears to be a combined operation of excessive use of personal information, by public and private actors, government, and mobile network operators. This raises several issues of concern around data protection, surveillance and the right to privacy.

Surveillance laws in Zimbabwe

It is not in dispute that rights can be limited and in terms of Section 85 (2) of the Constitution. Fundamental rights and freedoms set out in the Constitution may be limited only in terms of a law of general application and to the extent that the limitation is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom, taking into account all relevant factors.

Principle 8 of the African Declaration on Internet Rights and Freedoms which focuses on privacy and personal data protection also provides that:

The right to privacy on the Internet should not be subject to any restrictions, except those that are provided by law, pursue a legitimate aim as expressly listed under international human rights law, (as specified in Article 3 of this Declaration) and are necessary and proportionate in pursuance of a legitimate aim.

Meanwhile, taking note of the sensitivity of the matter at hand, being an alleged abduction, it was expected that the government would institute investigations to uncover the truth and the criminals behind that abduction.

With the advancement in technology, geo-location data of persons and call records among other tools can be relied on to track persons and their locations. Such innovations in information technology have also enabled previously unimagined forms of collecting, storing, and sharing personal data. This, therefore, poses the urgent need to jealously guard the right to privacy and to increase State obligations related to the protection of personal data.

Read: Cybersecurity and Data Protection Bill entrenches surveillance

As highlighted above, any infringement of the right to privacy should be prescribed by law, necessary to achieve a legitimate aim, and proportionate to the aim pursued. The Interceptions of Communications Act is the statute that sets out the legal basis for the government or rather State authorities to conduct communications surveillance.

In terms of the Act, an application for the lawful interception of any communication may be made by the Chief of Defence Intelligence or his or her nominee; the Director-General of the President’s department responsible for national security or his or her nominee, and in this case the Commissioner of the Zimbabwe Republic Police or his or her nominee.

As part of the application, full particulars of all the facts and circumstances alleged by the applicant in support of his or her application and also whether other investigative procedures have been applied and have failed to produce the required evidence. Or, the reason why other investigative procedures appear to be unlikely to succeed if applied, or whether they involve undue risk to the safety of members of the public or to those wishing to obtain the required evidence.

The law also requires that the Minister should issue the warrant if there are reasonable grounds for the Minister to believe that any of the listed offences has been or is being or will probably be committed and this includes kidnapping or unlawful detention involving the infliction of grievous bodily harm.

MISA Zimbabwe position

The Executive’s access to private data of citizens, use and storage should be prescribed by law and through lawful procedures that are in line with international human rights frameworks.

MISA Zimbabwe, therefore, reiterates that the Interception of Communications Act, enacted in 2007, needs to be reviewed and aligned with the 2013 Constitution. The Act infringes on the exercise of rights and is not in keeping with international human rights standards through various aspects which include the following:

  • Authorities may obtain warrants to intercept private communications through a process that is controlled by members of the Executive and not subject to independent scrutiny and oversight, whether from a judicial or other monitoring body or the public.
  • The Act does not require authorities to notify individuals that they are or have been subject to surveillance and there are insufficient avenues for victims of unlawful surveillance to seek redress.
  • The Act places wide-ranging duties on telecommunications providers to facilitate State surveillance.
  • Key terms in the Act, such as “monitoring,” are not clearly defined, opening the door to abuse, especially in relation to the collection and analysis of metadata.

MISA Zimbabwe also takes note of the gazetting of the Cybersecurity and Data Protection Bill which seeks to put in place mechanisms for the protection of data in line with the Declaration of Rights.

Having noted the extensive involvement of the executive in surveillance issues, MISA Zimbabwe also reiterates its position in the analysis of the Bill, that the proposal to make Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ), the Cybersecurity Centre and Data Protection Authority, is inappropriate.

The conflation of these three institutions poses a dual crisis, with POTRAZ, on one hand, becoming the surveillance arm of the state while also having access to the large volumes of data collected by the Mobile Network Operators (MNOs) and Internet Service Providers (ISPs). This, therefore, compromises data protection and the right to privacy.

Read: Zimbabwe: Protecting media freedom and access to information in 2020

The proposed Bill should be reviewed to ensure that it is in keeping with the promotion of the right to privacy and data protection. A separate and independent body should also be set up to handle all cybersecurity issues, comprising stakeholders who advocate for internet freedom and protection of digital rights.

Where interception is required, there is a need for judicial oversight, protection of the metadata obtained and clearly laid out procedure on the retention of the metadata. Further, there should be parameters set on the scope of interception, rather than an open wide interception, similar to search and seizure powers, which are broad and open for abuse. In the absence of such safety nets, mass surveillance of citizens becomes a free reign for the ruling elites to abuse the vulnerable citizens. This is in violation of the constitution of Zimbabwe’s section 57, which states that: Every person has the right to privacy, which includes the right not to have:

  • their home, premises or property entered without permission;
  • their person, home premises or property searched;
  • their possession seized;
  • the privacy of communications infringed; or
  • their health condition disclosed
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