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Clampdown on press freedom and freedom of expression ahead of Nigeria’s election

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Clampdown on press freedom and freedom of expression ahead of Nigeria’s election

Nigeria will hold its seventh general elections in the democratic era in February 2023 with the build-up to the polls proving ominous for the media. President Muhammadu Buhari, a retired military general, had promised that one of the legacies he would leave behind is free and fair elections, in emulation of his predecessor, Dr. Goodluck Jonathan, who is hailed to have handed over power after organizing rancour-free elections.

Buhari has also on multiple occasions touted his administration as having upheld press freedom and freedom of expression, and recently reaffirmed this position in the build-up to the 2023 polls.

“We must stay united in supporting media professionals who work hard to de-escalate violent conflict and promote peaceful societies without compromising the responsibility to report,” he said, pledging to ensure the protection of the rights and privileges of journalists in the discharge of their professional duty.

But so far, the president’s administration has utterly failed to deliver on the assurances of press freedom. In the past few months since campaigns for the 2023 elections kicked off, there have been a clampdown on press freedom and freedom of expression, with several officials close to President Buhari among the culprits.

Campaign council demands journalists’ sacking

In one of the most recent cases, the Presidential Campaign Council (PCC) of the president’s political party, the All Progressives Congress (APC), allegedly asked that journalists Shaka Momodu and Rufai Oseni of the Arise Media Group be sacked by their employers over “unfavourable reportage” on the APC presidential candidate, Bola Tinubu.

Momodu is a columnist and the editor of THISDAY Newspaper, Oseni is a co-host of The Morning Show on the media group’s TV station, ARISE News.

In a joint editorial published on December 12, the boards of editors of THISDAY Newspaper and ARISE News disclosed that they had been receiving calls from some APC campaign officials who apparently were unhappy at the work of journalists Momodu and Oseni.

“We also note that two senior APC campaign officials had separately requested that we move THISDAY Editor and columnist, Shaka Momodu, and The Morning Show co-host on ARISE News, Rufai Oseni, from their current positions to stop the attacks or get a reprieve from a future Tinubu presidency,” a paragraph in the editorial reads.

The editorial specifically accused the APC PCC Special Adviser on Media and Strategic Communication, Dele Alake, and the Director of Media and Publicity, Bayo Onanuga, of mounting pressure for the sack of the journalists.

The Media Foundation for West Africa (MFWA) observes that the Arise media group have been having issues with the APC and candidate Tinubu’s camp.

In the build-up to the 2023 elections, ARISE News has been organising a series of town hall meetings in which presidential candidates from all political parties are invited to discuss their manifestos and share their visions for the Nigerian people.

Tinubu, the presidential candidate of the APC, has refused to participate in the town hall meetings. His team and social media followers have repeatedly attacked and accused ARISE News of bias.

In November, Alake of the APC campaign council wrote a petition against ARISE News regarding news aired by the station that the country’s electoral umpire, the Independent National Electoral Commission (INEC), was considering investigating Tinubu for alleged money laundering and drug trafficking cases.

INEC dismissed the news as false and the media regulator, the National Broadcasting Commission (NBC), fined RISE News to the tune of NGN2 million (US$4,500).

Student activist arrested and detained

Another example which shows clearly that Buhari’s administration has not kept its word on upholding freedom of expression was the arrest of Aminu Adamu Muhammed, a 23-year-old final-year student of the Federal University Dutse, Jigawa State, in northwestern Nigeria.

Muhammed was arrested on November 8, 2022, by suspected federal security agents allegedly on the orders of President Buhari’s wife, Aisha. The student activist’s offence was a tweet he posted sometime on June 8 at which the first lady apparently took offense. In the Twitter post, the student trolled the first lady in Hausa: “Su mama anchi kudin talkawa ankoshi,” whose literal translation means: “the mother has gotten fat by eating [the] masses’ money.” Muhammed posted his tweet alongside a recent picture of the now plump Aisha, compared to widely circulated pictures of her slender stature when her husband was being sworn in for his second mandate in 2015.

Eyewitnesses said the student was beaten by the security agents before being taken away from the university campus to Abuja, where he was detained in a prison facility till December 2.

Activist and lawyer, Inibehe Effiong, said if Mrs Buhari felt defamed, she should have sued the student for libel, adding that the use of security forces to arrest and detain the victim was evidence of the culture of crass impunity.

“Section 39 of the 1999 Constitution guarantees freedom of expression. It is not acceptable to deploy state apparatus in such a draconian, vindictive and oppressive manner the way Mrs Aisha Buhari has done to settle personal scores,” he said.

Media houses shut down

In another move to suppress press freedom ahead of the 2023 elections, on October 15, 2022, the Zamfara state government, in northwestern Nigeria, shut down four broadcast stations: three television stations and a radio station.

The affected stations were the federal government-owned Nigeria Television Authority (NTA) and Pride FM as well as privately-owned Gamji TV and Al-Umma TV. All the stations are located in Gusau, the state capital.

The ban on the stations followed their coverage of a political rally organised by the opposition Peoples Democratic Party (PDP) in the state. The state governor, Bello Matawalle, is a member of the APC, President Buhari’s party.

However, two days after, after severe backlash, Matawalle reversed the order shutting down the media houses and tendered apologies to the outlets.

In a similar manner, on August 19, the broadcasting regulator, the National Broadcasting Commission, revoked the licences of 52 television and radio stations. Heavyweights including African Independent Television and Silverbird Television which are perceived to be opposition-leaning, were affected by NBC’s hammering.

NBC said the directive was consequent upon the stations’ indebtedness to it amounting to at least NGN2.6 billion (US$6.1 million). The regulator’s move has, however, provoked a flurry of criticisms by media and press freedom advocates as many wondered why NBC took the action in a period when the people required critical information that would define their choices in the upcoming 2023 elections.

On August 29, the Federal High Court in Lagos ruled against the Nigerian government’s decision to revoke the stations’ licences, maintaining that the media plays an essential role as a vehicle or instrument for the exercise of freedom of expression and information in the country.

Assault on journalists

On November 1, the majority leader in Nigeria’s House of Representatives, Alhassan Doguwa, reportedly assaulted Abdullahi Yakubu, a journalist working with the Leadership newspaper in Kano, the capital city of Kano State in northwest Nigeria.

Doguwa reportedly gave Yakubu a blow in his right ear when the journalist approached him to seek his account of a reported fight him (Doguwa) and Murtala Sule Garo, the APC candidate for deputy governor in Kano state.

However, Doguwa later apologised to Yakubu after the journalist dragged him to the magistrates’ court in the state.

On November 4, Kehinde Olatunji, a reporter with The Guardian Newspaper, was assaulted by Theophilus Akorede, an aide to the governorship candidate of the Peoples Democratic Party (PDP) in Lagos State, Olajide Adediran, popularly known as Jandor.

Akorede was said to have forcefully bundled Olatunji from Adediran’s campaign office because she had sat on the governorship candidate’s seat. Olatunji had to go to the hospital to be treated for minor pain and shock after the encounter.

On November 9, Mary Chinda, a journalist with Arise News, a privately owned television station, was injured after armed thugs attacked the convoy of Atiku Abubakar, the presidential candidate of the People’s Democratic Party in the forthcoming 2023 elections in Nigeria. The attack took place in Maiduguri, the capital of Borno State in northeast Nigeria and the epicentre of the Boko Haram terrorist group.

The media plays a critical role during elections by monitoring and reporting on the processes to ensure that they are transparent. They offer platforms for the contestants to amplify their manifestoes and also moderate discussions on the various issues at stake. When they are attacked, threatened or harassed, they cannot discharge this function effectively. The impairment of this crucial media watchdog role opens the door to abuse of the electoral process, with possible disputed outcomes.

In view of this, the MFWA calls on the government and all political parties in Nigeria to respect press freedom and ensure that journalists can work freely and safely before, during and after the general elections in February 2023.

Sudan’s internet freedom landscape remains precarious three years after ouster of Al Bashir

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Sudan’s internet freedom landscape remains precarious three years after ouster of Al Bashir

By Khattab Hamad

Over three years since the ouster of long-term authoritarian president Omar al-Bashir, Sudan’s ongoing political crisis continues to present challenges for internet freedom in the country. Initial positive reforms initiated by the transitional government led by Prime Minister Abdalla Hamdok have been clawed back since a  military coup in October 2021. The new military government has weaponised laws, continues to institute network disruptions, and is clamping down on civil society organisations so as to consolidate its grip on power and silence critics.

The political situation in the country has had a marked correlation with the state of internet freedom in the north African state, whose record was largely poor even before the crisis deepened. According to the Freedom On The Net 2022 report, Sudan scored 29 out of 100 on internet freedom, thus continuing its classification on the index as “Not Free”. Developments in 2022 signalled a rapid decline from the progress recorded in 2021 and 2020, when the country scored 33 and 30 respectively on the index, up from a lower score of 25 in 2019.

The Cybercrime Law Continues to Repress

One of the measures adopted by Sudanese authorities has been the use of internet-related laws as a weapon for repression. The cybercrimes law, which first came into force in the final days of al-Bashir’s regime in 2018, and its amendments in subsequent years, appear to be aimed at thwarting mass protests and restricting critical opinion of the government and its officials. The most recent amendment to the law, which contains vague provisions, was first announced in April 2022, with some reports stating that it was intended to criminalise acts such as insulting the leaders of the state and undermining the prestige of the state.

On November 2, 2022, the government spokesperson announced that the cabinet had adopted the amendments. The announcement stated that the law was necessary to address the proliferation of information-related crimes and the concealment of their perpetrators through the use of modern computer applications. Also, it claimed that it was necessary to address the shortcomings of the application of court fines that had failed to achieve complete deterrence. The amendment obliges courts to imprison offenders where the victim of defamation or fake news is a governmental public figure.  As of December 2022, the amendment law is yet to be published and is awaiting the final approval of the President of the Sovereign Council.

Article 21 of the cybercrime law provides that: “Whoever prepares or uses the information or communications network or any information means or any applications to publish or promote ideas, programs, words or actions contrary to public order or morals, shall be punished with imprisonment for a period not exceeding six years”. Under article 24, “Anyone who publishes lies or fake news in cyberspace will be punished [with imprisonment of] four years, fined or both”.

Meanwhile, article 25 states that “Whoever prepares or uses the information or communications network, or any information means or applications to defame any person shall be punished with imprisonment for a term not exceeding six years.” The law also imposes a penalty of up to seven years imprisonment for anyone who obtains data or information that affects the “economy or the national security” of the country, which terms are not defined.

These articles limit access to information and freedom of expression as they fail to provide a clear definition of the acts constituting the offence, are excessive, and use undefined terms such as “public order” and “morals”, which can be interpreted subjectively by security and prosecutorial agencies and applied to punish legitimate expression.

Censorship

The contentious provisions of the cybercrime law have been used to limit press freedom through the blockage of access to online news websites. In September 2022, the public prosecutor ordered the blockage of the website of the Al-Sudani newspaper, one of the most respected dailies in Sudan, without even notifying the newspaper’s management. The Sudanese Electronic Press Association condemned the order, stating: “We reject prior trials and convictions from any party except the judiciary”. Ultimately, the website was not blocked after the leakage of the prosecutor’s order.

In the same month, Abdalrahman Al-Aqib, a journalist, was arrested by police after publishing an investigative article on corruption at the Ministry of Minerals in a local daily and on his Facebook account. Al-Aqib was charged under articles 24 and 25 of the cybercrimes law for publishing lies and fake news. Following his arrest, the Sudanese Journalists Syndicate condemned the actions of the police. It stated: “Al-Aqib was treated in a humiliating manner, and they did not respect his most fundamental rights, amid delays from the police’s duty officer, so as not to obtain his legal right to the guarantee”.

In both cases, the government’s response was primarily reprisal as opposed to offering counter-responses to the allegations raised in the stories. Notably, authorities did not use the press law against the journalist, perhaps because it prescribes less penalties in comparison to the harsh penalties under the cybercrimes law. The press law does not provide for imprisonment of journalists; rather, it stipulates disciplinary sanctions, such as fines and suspending a journalist from publishing for a specific period.

Network Disruptions

Disruptions to internet access and blockage of social media continues unabated, with authorities justifying them as necessary to ensure “national security and emergency state”. Five have been recorded during the past 15 months.

During the October 2021 coup, the army imposed a nationwide internet shutdown to isolate the protestors from mobilisation to resist the coup. The shutdown lasted 25 days, and after access was restored, some social media platforms remained blocked for two more days. On the one year anniversary of the coup, the authorities shut down the internet for eight hours during a public march organised by pro-democracy groups against the coup. Earlier the same month on October 18, 2022, a regional internet shutdown was imposed in Wad Al-Mahi, a governorate in the Blue Nile region. The shutdown was in response to tribal conflict in several villages in the area. It could not be independently verified when access was restored.

Also, on June 11, 2022, the public prosecutor ordered the shutdown of the internet for three hours on a daily basis, over a 12-day period. The reason given was that it was necessary to prevent cheating during the national secondary school exams. Following the 12-day period, the internet was again disrupted for 25 hours on June 30, 2022, during the “Million Man March” to mark the anniversary of the 2019 massacre of protestors by the military.

Catalogue of Internet Disruptions in Sudan Since October 2021

Start date End date Reason Geo-scale Shutdown type Duration
October 25, 2021 18 November 2021 Coup Nationwide Mobile data 25 days
June 11, 2022 June 22, 2022 Exams Nationwide Mobile data 12 days (3 hours daily internet-curfew)
June 30, 2022 July 1, 2022 Protests Nationwide Blackout 25 hours
October 18, 2022 Could not verify Local conflict Regional: Wad Al-mahi (Blue Nile State) Mobile data Could not verify
October 25, 2022 October 25, 2022 Protests Nationwide Blackout 8 hours

These recent incidents mirror Sudan’s long history of instituting network disruptions, rivalled only by neighbouring Ethiopia. Crucially, the disruptions are indicative of the current regime’s bias and disregard for freedom of association and assembly. Three of the internet disruptions (October 2021, June 2022 and October 2022) were in response to protests against military rule. In contrast, the military did not implement any disruptions on October 29, 2022, when the Sudan People’s Appeal Initiative held protests. The initiative comprises supporters of former president Al-Bashir’s ousted regime, who protested in Khartoum demanding that the United Nations not interfere in Sudanese affairs.

Crackdown on Civil Society

The government has also led an onslaught against civil society organisations. For example, on October 23, 2022, the Human Aid Commission (HAC), which is the regulator of non-governmental organisations in Sudan, notifiedthe director of the Sudanese Consumers Protection Society (SCPS) of its decision to cancel SCPS’s registration, seize its assets and properties and freeze its bank accounts inside and outside Sudan. The SCPS has been at the forefront of advocating against network disruptions by pushing for the enforcement of contractual obligations of Internet Service Providers (ISPs) to provide services to their customers.

Looking Ahead

The affronts by the Sudanese government on internet freedom and civic space go against its obligations under international human rights law. The design and deployment of punitive laws by authorities to target and silence activists, government critics, journalists, human rights defenders (HRDs), and the political opposition create an environment of fear and self-censorship. Equally, responses such as the deregistration of civil society organisations only serve as a threat to other civil society organisations, of possible sanctions. Lastly, these actions together with internet shutdowns and the repression of digital rights through the cybercrime laws constitute unjustifiable limitations of freedom of expression, assembly, association, access to information, rights of the media, and rights to political participation.

In order to chart a democratic path in the coming years, the Sudanese government must show commitment to uphold media and internet freedom. Policy reforms should repeal regressive provisions such as the cybercrimes law. Sudan should also desist from interrupting access to the internet and social media.

+ Khattab Hamad is a journalist and digital rights researcher who has recently co-founded the Digital Rights Lab Sudan.

Sharia court in Nigeria sentences Islamic cleric to death for blasphemy

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Sharia court in Nigeria sentences Islamic cleric to death for blasphemy

On December 15, 2022, an upper Sharia Court in Kano convicted an Islamic cleric, Sheikh Abduljabbar Nasiru Kabara of blasphemy by defaming the personality of Prophet Muhammad while preaching at his mosques at Filin Mushe, Gwale LGA and Jamiurrasul, Sharada, Kumbotso LGA both in Kano State. He has sentenced him to death by hanging.

Presiding Sharia judge, Ibrahim Sarki Yola, held that the prosecution has discharged the burden of proof against Abduljabbar and maintained that the cleric failed to defend himself when he was given the opportunity. The judge said: “The court gave him enough time to show the authentic sources of his narrations but failed to prove his assertions,”

According to the prosecution, Sheikh Kabara committed the offence, contrary to section 382 and 375 of Kano State Sharia Penal Code Law, 2000.

The alleged blasphemous statement was made and recorded at his mosques and circulated on social media platforms, especially Ashabul Kahfi social media pages.

Delivering the judgement, the trial judge upheld that section 382 (B) of Kano State Sharia Penal Code, 2000 provides that “any person whosoever found using any expression by means of words, gesture abusing the Holy Prophet Muhammad shall be convicted to death,”

He therefore ruled: “I Ibrahim Sarki Yola, Upper Sharia Court Judge, City Number One, I found you Abduljabbar Nasiru Kabara committing an act contrary to section 283 (B) of Kano State Sharia Penal Code Law, 2000, I therefore sentence you to death by hanging,”

“I similarly order the total closure of your mosques located at Filin Mushe Gwale LGA and Jamiurrasul located at Sharada”

Justice Yola similarly banned the use of the cleric’s sermons in all Radio stations, he said “I order for the confiscation of all his 189 books he tendered during the trial before the court and be transferred to Kano state library.”

The cleric was convicted after 16 months trial in connection with four count charge of defamation of character against the prophet while making commentary on Prophet Muhammad’s Marriage in Hadith Number 1,365 and 1,428 while during his preaching.

The court gave him 30 days to appeal the judgment or forfeit his right to appeal.

Malawian MPs decriminalise ‘insulting’ the ‘President’

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Malawian MPs decriminalise ‘insulting’ the ‘President’
We applaud government for repealing bad laws.
Members of Parliament (MPs) on Tuesday, November 29, 2022 amended Section 4 of the Protected Flag, Emblems and Names Act of 1967 by removing the word ‘President’ from the Act. This means ‘insulting’ the ‘President’ is no longer a criminal offence under the Act.
Flag, Emblems and some names remain protected from ‘insults’.
Section 4 of the Act initially read: “Any person who does any act or utters any words or publishes or utters any writing calculated to or liable to insult, ridicule or to show disrespect to or with reference to 𝘁𝗵𝗲 𝗣𝗿𝗲𝘀𝗶𝗱𝗲𝗻𝘁, the National Flag, the Armorial Ensigns, the Public Seal, or any protected emblem or protected likeness, shall be liable to a fine of 1000 pounds and to imprisonment for two (2) years”.
A number of Malawians have been jailed for allegedly insulting the President based on the Protected Flags, Emblems and Names Act.
Malawi’s Minister of Justice Titus Mvalo told the media after the amendment that with the name President protected, the Act was criminalizing free speech which is inconsistent with democracy.
The amendment comes a week after the MPs repealed sedition laws that also criminalized freedom of expression.
MISA Malawi has been campaigning for the repeal of a number of insult laws including Section 4 of the Protected Flag, Emblems and Names Act and the Penal Code as one way of promoting media freedom and freedom of expression. Section 4 of the Protected Names Act and some sections of the the Penal Code have over the years been used to silence critical voices, including journalists.
In a meeting between MISA Malawi and the Attorney General (AG) Thabo Chakaka-Nyirenda in Lilongwe on April 6, 2022, the AG committed that government would repeal some laws that restrict media freedom, freedom of expression and other fundamental rights and freedoms, including the Protected Names Act.
Enacted in July 1967, the  Protected Names Act aimed to safeguard the dignity of the Head of State, the National Flag, the Armorial Ensigns and the Public Seal and to prevent the improper use of the National Flag, the Armorial Ensigns, the Public Seal and of certain emblems, colours, names and words.
Commenting on the amendment, MISA Malawi chairperson Teresa Ndanga commended government for walking the talk on legal reform.
“This is commendable. Insulting the president should never be a criminal offence. The law was retrogressive and bad for democracy. We applaud government for the good work it is doing in repealing bad laws ,’
“Journalists and ordinary citizens should never censor themselves for fear of being arrested for allegedly ‘insulting’ the President” Ndanga said.
In partnership with The International Center for  Not-for-Profit Law (ICNL), MISA Malawi is currently working to strengthen the civic space in Malawi  by  calling  for  the  repeal  of  laws  that  restrict  freedom  of  expression  in  Malawi.

Participant Reflection on #FIFAfrica22: Effective Engagement in the UPR Process for Digital Rights Promotion

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Participant Reflection on #FIFAfrica22: Effective Engagement in the UPR Process for Digital Rights Promotion

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) and Small Media held a workshop on the Universal Periodic Review (UPR) process as part of  Forum on Internet Freedom in Africa (FIFAfrica 22), which was held in Lusaka Zambia from September 26-29, 2022. The workshop is a product of the UPROAR project aimed at advancing the cause of digital rights globally by supporting engagement in international advocacy at the UPR.

The 32 participants at the workshop represented a diverse array of backgrounds including  civil society, digital rights activism and advocacy, legal, journalism, and academia.  A total of  20 countries were also represented -Benin,Burundi, Botswana,  Cameroon, Democratic Republic of Congo, Ethiopia, Ghana, India Kenya, Mozambique, Nigeria,  Senegal, Sri Lanka, Sudan, Tanzania,Uganda,United Kingdom, United States of America, Zambia, and Zimbabwe.

The workshop entailed an overview of the UPR, its  purpose and the processes. Also included were in depth  discussions on international and regional normative frameworks on digital rights. Specific attention was drawn to the Universal Declaration of Human Rights as the first normative framework on freedom of expression. The International Convention on Civil and Political Rights (ICCPR) was also explored under the core tenets of the right to hold opinions without interference (freedom of opinion), the right to seek and receive information (access to information) and the right to impart information (freedom of expression).

It was noted that the right to freedom of expression is not absolute and that the three-part test is key in determining the circumstances which potentially justify limitations. Under Article 19 (2) of the ICCPR, limitations are specifically listed as ( i) it must be provided for in law (ii) it must pursue a legitimate aim (iii) it must be necessary for a legitimate purpose.

The three-part-test formed the basis of heated debate related to electoral democracy and internet shutdowns in countries like Cameroon and Tanzania when compared to Kenya where the government did not impose an internet shutdown during their recent elections. As a result of the comparative discussions, participants reached  the conclusion that there are still actions of governments that are a threat to internet freedom such as arrests, detention and assassination of some journalists. It is the responsibility of civil society, activists and human rights defenders to hold governments accountable through the use and increased participation in the UPR process.

The presence of Hon. Neema Lugangira from Tanzania, a member of Tanzanian Parliament and the Chairperson of the African Parliamentary Network on Internet Governance in the sessions was priceless and a beacon of hope in bridging the gap between civil society and policy makers towards promoting digital rights through the UPR.

The workshop also explored various case law on freedom of expression in Africa including precedent such as in Lohé Issa Konaté v Burkina Faso. Participants deliberated on the relevance of evaluating and critically assessing the law and ensuring that cases are framed in a manner that is in line with the jurisdiction of the particular court of law approached without which matters could be thrown out. This session gave the participants a clear understanding of the link between offline and online rights and specific laws that apply to minority and marginalised groups such as children, women, persons with disabilities and other vulnerable communities.

The session on campaign and advocacy planning aimed at equipping participants with the necessary tools required to engage partners on how to carry out campaigns and to execute advocacy strategies through the UPR. It highlighted the eye-catching and precise advocacy materials that could be used in social media as well as other platforms for the UPR at local level. It led to discussions on the critical role played by local stakeholders in leveraging the UPR for digital rights development in their various contexts. The session helped the participants understand how to engage with local partners and to ensure that there is effective implementation of recommendations made to their respective countries. This involved fact sheets and how to use them during the UPR process.

Participants engaged in a practical lobbying session where they had to appear before a UN delegate and present the issues affecting digital rights in their respective countries and recommendations for reform. This practical group exercise was very beneficial and informative because it gave the participants a chance to apply what they had learnt in regard to the UPR process. It gave them an opportunity to experience the review process at Geneva.

Through the UPROAR Website, participants were guided on how to leverage research and social media platforms online for effective design and branding as part of UPR engagements  related to digital rights. The workshop also entailed guidance on what stakeholder mapping is and its importance.

In a subsequent panel entitled ‘Stemming the Tide: Has the Universal Periodic Review Mechanism Contributed to Changes in the Digital Rights Landscape of States Under Review?’ panelists shared experiences from Namibia, Democratic Republic of Congo, Uganda, Rwanda and many others. This gave the participants in the workshop an understanding on how to prepare for stakeholder engagements and how to conduct evidence-based advocacy at the United Nations Human Rights Council.

It was noted that the Covid-19 pandemic led to the imposition of travel restrictions which caused difficulties in traveling to Geneva to physically participate in the UPR process. Online opportunities were a welcome alternative but the lack of reliable internet access among civil society on the continent during the sessions presented an additional barrier

Beyond making submissions and engaging during review sessions, participants were urged to also take part in monitoring recommendations. Experiences were shared about governments such as that of Uganda which rejected all the recommendations that were given in regard to digital rights. In such instances participants were encouraged not to give up and draw back due to such government response but to keep doing the work of advocacy in line with digital rights since the same is also a notable step in the right direction. They were also encouraged to collaborate with law and policy members to ensure that they know about the UPR process and that they are able to positively respond to the recommendations given. They were also encouraged to ensure that there is in-country pressure from civil society to ensure that governments act on the recommendations given to them. It was noted that in Tanzania there has been a significant increase in the acceptance of recommendations after there has been collaboration between civil society and parliamentarians.

The UPR sessions at FIFAfrica22 were very informative and intriguing as it engaged well-equipped workshop trainers. Experiences from those who had participated in Geneva engagements on digital rights stirred the urge for proactive engagement and participation by those coming up for review like Botswana.

Court Grants MRA Permission to Challenge Regulator’s Refusal to Disclose Payment of License Fees by Broadcasting Stations

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Court Grants MRA Permission to Challenge Regulator’s Refusal to Disclose Payment of License Fees by Broadcasting Stations

Lagos, Thursday, 6 October 2022: A Federal High Court in Lagos today granted Media Rights Agenda (MRA) leave to proceed with its Freedom of Information (FOI) suit against the National Broadcasting Commission (NBC) for refusing to disclose details of payments of license fees by broadcasting stations and platforms operating in Nigeria and the amount owed the Commission by stations as license fees.

Justice Ambrose Lewis Alagoa paved the way for the suit to proceed upon a preliminary motion brought by MRA’s lawyer, Mr. Alimi Adamu, asking the Court to grant the organization leave to mount a legal challenge to NBC’s failure to provide it with the information it requested through a letter dated August 22, 2022.

In the suit in which the NBC and the Attorney-General of the Federation are named as Respondents, MRA is contending that the NBC’s refusal to provide it with the information it requested amounts to a breach of its right of access to information as well as a flagrant violation of the FOI Act.

The motion ex-parte brought by Mr. Adamu, pursuant to Order 34, Rules 1, 3(1) and (2) of the Federal High Court (Civil Procedure) Rules 2009 and Sections 1(3) and 20 of the FOI Act, asked the court to grant MRA leave to seek the following reliefs:

• A declaration that the NBC’s denial of access to MRA of the information it requested by a letter dated August 22, 2022 constitutes a violation of the organization’s rights of access to information established and guaranteed by Section 1(1) and 4 of the FOI Act;

• A declaration that the NBC’s failure and/or refusal to give MRA a written notice that access to all or part of the information it requested would not be granted with reasons for the denial and the section of the FOI Act upon which the Commission relied to deny the organization access to the information requested amounts to a flagrant violation of Section 4 (b) and 7 (1) of the FOI Act;

• A declaration that by its failure to give MRA access to all or part of the information applied for in its letter dated August 22, 2022, within the time limit set out in the Act, the NBC is deemed to have refused to give MRA access to the information requested, as provided under Section 7(4) of the FOI Act;

• An order directing the NBC to disclose or make available to MRA a list of all broadcasting stations and platforms operating in Nigeria licensed by the Commission; the amount that each of them is required to pay as license fees; the status of payment of each of the station from the date of its license to August 22, 2022; for those licensed broadcasting stations that are owing, the amount of indebtedness and the period covered by the amount; and for broadcasting corporations owned by various State Governments included in the list of the broadcasting stations whose broadcast licenses were revoked by the Commission as announced by its Director-General in his press briefing on August 19, 2022, a breakdown of the amount of indebtedness by each of the radio stations and each of the television stations owned by the respective State-owned broadcasting corporations.

• An order directing the NBC to deposit the information requested by MRA with the court pending the determination of the suit;

• An order directing the NBC to pay to MRA the sum of N1 million as exemplary and aggravated damages for the flagrant and unlawful violation of the organization’s right of access to information; and

• An order directing the Attorney-General of the Federation to initiate criminal proceedings against the NBC for the offence of wrongful denial of access to information under Section 7 (5) of the FOI Act.

Upon listening to Mr. Adamu move the motion and after reviewing the motion papers as well as a copy of MRA’s request to the NBC, Justice Alagoa granted the request as prayed.

For further information, please contact:

Idowu Adewale
Communications Officer
[email protected]

MFWA urges leaders in Burkina Faso to uphold freedom of expression

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MFWA urges leaders in Burkina Faso to uphold freedom of expression

The Media Foundation for West Africa (MFWA) is concerned about the political turmoil in Burkina Faso following a second coup d’état in the country in eight months and calls on the new leaders to uphold press freedom, freedom of expression and human rights generally.

A group of army officers seized control of state television on September 30, 2022, and announced the overthrow of military leader Paul-Henri Damiba. The storming of the premises of the national broadcaster briefly disrupted its regular programming.

In a statement read by Captain Ibrahim Traore, the group announced that it had dissolved the government, suspended the constitution and transitional charter and closed the country’s borders indefinitely. It also announced the suspension of all political and civil society activities.

We deeply regret the suspension of political and civil society activities by the new leaders which has led to a complete closure of the civic space in Burkina Faso. This measure, coupled with the suspension of the transitional charter, is a major setback to national and international efforts to restore constitutional order in the country.

Burkina Faso is already plagued by acute insecurity and instability from jihadist insurgency and military coups. The country suffered one of its deadliest terror attacks a week before the latest military intervention. About 11 soldiers were killed and over 50 civilians went missing in that assault.

 The overthrow of Colonel Paul-Henri Damiba is the second military coup in the country in eight months. The deposed military leader seized power in January from Roch Marc Christian Kabore who was in the second year of his second mandate as an elected president.

The coup is the latest in a contagion of military takeovers in West Africa, in what is sadly the biggest rollback of democracy in the sub-region over the past two decades. There have been two military coups in Mali while President Alpha Conde of Guinea was overthrown by his elite bodyguards in September 2021.

As an organisation that promotes press freedom across West Africa, the MFWA finds the democratic recession in the region quite disturbing. The freedom of expression environment has deteriorated in these countries with self-censorship widespread, especially in Mali and Burkina Faso. In Guinea, the civic space has been shut down. Public processions by political and social groupings have been banned. Several defiant protesters have been beaten, arrested, and killed in the past two months. The military has summoned and interrogated a number of journalists while the media regulatory body has suspended about a dozen critical journalists and a couple of media organisations.

In view of the above, we urge the new military leaders in Burkina Faso to dialogue with the leadership of the media, in recognition of the critical role it can play in the national effort to restore peace, stability and constitutional order in the country.

AFEX Calls on African Governments to Address Growing Impunity for Crimes Against Journalists

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AFEX Calls on African Governments to Address Growing Impunity for Crimes Against Journalists

Introduction

The Eighth General Meeting of the African Freedom of Expression Exchange (AFEX), a network of African freedom of expression and media development organisations which are members of the global press freedom advocacy network, IFEX, was held at the Radisson Blu Hotel in Lusaka, Zambia, Monday, September 26 and Tuesday, September 27, 2022.

 

The meeting was organized by the host organization of the AFEX Secretariat, the Media Foundation for West Africa (MFWA), and was presided over by AFEX Steering Committee Chairperson, Mr. Edetaen Ojo, Executive Director of Media Rights Agenda (MRA). It was attended by delegates representing 12 AFEX member organisations from West, East, Central and Southern Africa. Also in attendance were representatives of AFEX’s parent network, the International Freedom of Expression Exchange (IFEX), namely Reyhana Masters, IFEX Africa Regional Editor; Elizabeth Rivera Rivas, IFEX Communication Director, and Nazarene Njeru, IFEX Network Engagement Coordinator.

Delegates deliberated on how to respond to the growing incidence of attacks against journalists in many parts of Africa as well as the entrenched culture of impunity for such crimes against journalists in many countries in the region. They also discussed monitoring and reporting mechanisms at national and regional levels to promote the safety of journalists and access to public information and expressed concern about the alarming level of information disorder, internet shutdowns, attacks on journalists, counterproductive regulatory frameworks, among other issues.

The meeting also discussed electoral processes in Africa in the context of the heightened constraints on freedom of expression and media freedom in the lead up to and during voting periods as well as the impact of such situations on free, fair and credible elections in African countries.

Delegates discussed how to ensure compliance by Governments and other stakeholders in the electoral process with applicable instruments as well as relevant norms and standards established by the African Union and its organs.

The meeting was rounded up with a three-hour dialogue between AFEX members, representatives of several freedom of expression organisations in Africa and beyond, and the Special Rapporteur on Freedom of Expression and Access to Information in Africa, Commissioner Ourveena Geereesha Topsy-Sonoo. The engagement focused on how to enhance collaboration between civil society organizations and the Special Rapporteur as well as the African Commission on Human and Peoples’ Rights to safeguard and sustain freedom of expression rights in Africa.

Observations and Recommendations

 

The delegates:

 

  • Called on Governments across Africa to begin the process of repealing or amending as necessary various laws, regulations, protocols and other measures adopted in response to the COVID-19 pandemic which imposed different degrees of restrictions on the fundamental rights and freedoms of their citizens, particularly the rights to freedom of expression, media freedom, access to information, privacy and digital rights.
  • Resolved to better engage the special mechanism of the Commission, in particular, to increase public awareness about the Commission and its activities or decisions, strengthen advocacy around issues of concern in order to bring them to the attention of the Special Rapporteur and the Commission, documenting cases of violations of the right to freedom of expression and bringing them to the attention of the Special Rapporteur, submitting shadow reports to the periodic reports submitted by Governments, among other measures.
  • Expressed concern about the deteriorating media freedom and freedom of expression environment in Africa, as evidenced by a surge in attacks on journalists and the violations of their rights in Nigeria, Uganda, the Democratic Republic of Congo, Zimbabwe, South Africa, Ethiopia, Chad, Somaliland, Central African Republic, Togo, Lesotho, Benin, Mozambique, Tanzania, Mali, Angola, Ethiopia, Cameroon, Uganda, Guinea, Zimbabwe, South Sudan, and Guinea Bissau, among others.
  • Condemned the suppression of critical civil society voices through actions ranging from killings and other physical attacks, threats, arbitrary arrests and detention, to the use of crippling fines to stifle independent media and the sweeping suspension of operating licenses of large number of broadcast stations in order to prevent them from broadcasting.
  • Further condemned the recurrent cases of widespread intentional disruption of access to the Internet, social media platforms and mobile phone services by Governments or regulatory authorities through measures like blocking access to such platforms, throttling, and other forms of network shutdowns in numerious countries, including Ethiopia, Burkina Faso, Chad, Senegal, South Sudan, Sudan, Uganda, and Algeria.
  • Called on the Government of Uganda to withdraw a proposed legislation that seeks to criminalise the misuse of social media.
  • Condemned political interference in the regulation of broadcasting, the arbitrariness in the allocation of broadcast licenses and the revocation of licenses, especially in Liberia, Malawi, and Nigeria, and the lack of independence of the broadcast regulatory authorities in many countries in Africa.
  • Denounced the draconian approach of some Governments in revoking or cancelling broadcast licences of large numbers of broadcasting stations, ostensibly for the non-payment of license fees, with the resultant negative impact on media freedom and the ability of the populations in affected countries to access information through the media.
  • Urged African governments to adopt good practice in media regulation by promoting media self-regulation in general and ensuring that regulatory authorities for the broadcast sector are independent and adequately protected against interference of a political, commercial or other nature, in accordance with the provisions of the Declaration of Principles on Freedom of Expression and Access to Information in Africa.
  • Called on Governments in Africa to promote and facilitate the establishment of multi-stakeholder national mechanisms on the safety of journalists and other media practitioners who remain the major victims of freedom of expression violations, at both national and regional levels.
  • Called on governments in Africa to formulate and implement regulations and policies that promote the exercise and enjoyment of human rights on the internet, including to ensure meaningful and affordable connectivity as well as to bridge the gender digital divide.

 Adopted in Lusaka, Zambia, on Tuesday, the 27th day of September 2022.

Nigeria: Temporary Reprieve as Regulator Suspends Shutdown of Broadcast Stations

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Nigeria: Temporary Reprieve as Regulator Suspends Shutdown of Broadcast Stations

The National Broadcasting Commission (NBC) has temporarily suspended its intention to shutdown indebted broadcast stations in the country.

The regulatory agency in a statement it issued on Friday, August 26, 2023, which was signed by the Director, Mr Balarabe Shehu Ilelah, said the commission decided to temporarily suspend the shutdown following positive responses from some of the affected stations and the intervention of critical stakeholders in the industry.

The statement which read in part said: “Sequel to a follow-up meeting held with Executives of the Broadcasting Organisations of Nigeria, and other critical Stakeholders in the industry, the Commission has decided to temporarily suspend the shutdown of the indebted Broadcast stations all over the Country.

“We express our profound appreciation to the Broadcasting Organisation of Nigeria, the affected licensees and Broadcast Stakeholders for their responses and interventions.

“The Commission is not unaware of the difficulties this shutdown must have caused the operators and other stakeholders but must state that the Commission will always operate within the National Broadcasting Commission Act, Cap. N11, Laws of the Federation, 2004.”

The NBC had on Friday, August 19, 2023, threatend to shutdown the 52 debtor broadcast stations, over the failure of the stations to renew the payment of their operational licenses amounting to N2.6B.

Some organizations including the Nigerian Guild of Editors, had already taken the commission to court over the threat.

Noose tightens on Press Freedom ahead of Angolan general elections

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Noose tightens on Press Freedom ahead of Angolan general elections

The African Freedom of Expression Exchange (AFEX) strongly condemns the harassment, physical attacks and threats against journalists in Angola. We call on the Angolan authorities to conduct in-depth investigations into the violations and sanctions their perpetrators.

Angola goes to the polls on August 24, 2022, and amidst campaigns and violent clashes between political parties, at least three journalists have reported cases of harassment, threat or physical assault in the exercise of their duty.

On July 1, Isabel Makitoko, a reporter for the private online media TV Maiombe, was barred by supporters of the ruling People’s Movement for the Liberation of Angola (MPLA) from covering a demonstration by the opposition National Patriotic Alliance party in the Viana suburb of Luanda, Angola’s capital. The MPLA supporters allegedly forbade the journalist to film in the area and threatened to damage her phone, media reports said.

One of the supporters attempted to hit Makitoko in the face, but António Sapalo, a reporter for the privately-owned news website Correio da Kianda, intervened. Sapalo was physically assaulted by other supporters as he attempted to help his colleague.

According to reports, police officers on duty looked on as the journalists were attacked claiming they did not receive any orders.

In another incident which occurred on July 16, 2022, security officers accompanying Adalberto Costa Júnior, leader of the opposition party National Union for the Total Independence of Angola (UNITA), physically assaultedWilson Capemba of Radio Ecclesia during a rally of the said party.

“I was almost lynched this Saturday by bodyguards of the President of a major opposition political party, and by some members of his protocol, when in the course of my professional activity, I wanted to interview the leader of the party,” Wilson wrote in a Facebook  post. “I suffered some physical injuries, not to mention psychological damage, due to how brutally I was approached. The security guards treated me as if I were an armed man to the teeth and that I intended to take the life of their leader.”

The journalist reported the leader of the party, Adalberto Júnior, had to intervene to control the situation. After the timely intervention of party leader, he was subsequently granted the interview.

AFEX is concerned about threats to press freedom in Angola and urges the authorities to protect press freedom as well freedom of expression before, during and after the presidential elections.

Terror attacks in the Sahel: Media actors from 16 countries demand action

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Terror attacks in the Sahel: Media actors from 16 countries demand action

The Media Foundation for West Africa (MFWA) and its partner organisations in all the 16 countries in West Africa have expressed deep concern about the deteriorating freedom of expression environment in West Africa, especially in Burkina Faso, Mali and the rest of the Sahelian region.

The concern was raised during a virtual meeting held by the 16 organisations on August 5, 2022, to deliberate on the situation in the two countries and the rest of the region.

The safety of journalists’ conditions has become a point of high concern following recent terrorists attacks in Burkina Faso and Mali which have claimed over 270 lives. The situation has forced many journalists to either self-censor or abandon the profession.

The insurgency and the counter-insurgency in the two countries have led to a keen competition between the insurgents and the government to win the empathy and allegiance of the people. As a result, each side is hypersensitive to media reports and tends to put pressure on journalists to avoid “unfavourable” publications about them.

This has led to widespread self-censorship on the situation. Social media comments on the conflict are also heavily censored as journalists and members of the public fear being targeted as anti or pro-government, for fear of reprisals – a situation that is contributing to shrinking civic spaces in the two countries.

While professionalism requires that journalists publish only verified information, journalists in the two countries find it difficult to independently verify certain issues and dispute official statements related to the insurgency as they risk being attacked. This situation is contributing to the spread of mis/disinformation.

The regulatory environment in the two countries also does not bode well for journalism practice. For a long time, Mali has not updated its media laws. This has resulted in the use of outdated frameworks to regulate the media industry, alongside capricious decrees by the military, which has twice seized power over the past two years.

The Burkina Faso situation is quite similar to that of Mali. A number of decrees have been adopted to restrict reporting on the conflict in the country. Presently, the Burkinabe government is pushing for the prerogative to restrict liberties for a period of time. This has raised concerns about possible abuse and interference in the different sectors, including the media industry.

The precarious safety of journalists’ conditions in the two countries have come at a time when there is an escalation of freedom of expression and media rights violations in the region. In almost all the countries in the region, journalists continue to face reprisals for some of the news reports they produce. This happens both offline and online.

In some instances, journalists are picked up after reporting or commenting on an issue. There is also the practice of imposing crippling fines, as well as  surveillance.

In addition to the arbitrary arrests and detentions by state security agents, political party thugs are increasingly attacking journalists and media houses physically and also online (especially on social media). The threats, intimidations and harassment are forcing some journalists and media houses to self-censor.

In the light of these developments, the MFWA and its partner organisations are calling on the ECOWAS, the African Union (AU), and the international community to, as a matter of urgency, engage the governments of Burkina Faso and Mali and provide the needed resources and technical support to help restore democratic governance, and also fight the insurgency. The same support should be extended to other countries in the Sahelian region and the rest of the West Africa region where similar attacks have been recorded.

On our part, the MFWA and its partner organisations plan to engage more in these countries, including undertaking a mission to engage and strengthen the capacities of media stakeholders in the two countries. We also plan to strengthen the capacities of journalists and media houses on conflict-sensitive reporting, as well as safety and security measures to adopt in such a hostile environment.

We encourage all actors to support in creating an enabling environment for journalism practice in the two countries so the media can constructively contribute to the restoration of democratic governance, peace and stability inthe two countries.

This statement is jointly issued by:

Media Foundation for West Africa (MFWA) – Ghana

International Press Centre (IPC) – Nigeria

Association Guinéenne des éditeurs de la Presse Indépendante (AGEPI) – Guinea

Regroupement de la Presse Mauritanienne (RPM) – Mauritania

Observatoire de la Liberté de la Presse, de l’Ethique et de la Déontologie (OLPED) – Côte d’Ivoire

Gambia Press Union (GPU) – The Gambia

Observatoire de la Déontologie et de l’Ethique dans les Medias (ODEM) – Benin

Syndicat des Professionnels de l’Information et de la Communication du Sénégal (SYNPICS) – Senegal

Media Reform Coordinating Group (MRCG-SL) – Sierra Leone

Sindicato De Jornalistas e Tecnicos De Comunicacao Social Guinea Bissau (SINJOTECS) – Guinea Bissau

Union des Journalistes Indépendants du Togo (UJIT) – Togo

Centre National de Presse – Norbert Zongo (CNP-NZ) – Burkina Faso

Centre for Media Studies and Peace Building (CEMESP) – Liberia

Maison de la Presse – Mali

Observatoire Nigérien Indépendant des Médias pour l’Ethique et la Déontologie (ONIMED) – Niger

Associação dos Jornalistas Cabo-verdianos (AJOC) – Cape Verde

AMDISS Denounces the Continued Detention of Female Journalist Diing Magot, Calls for her Immediate Release

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AMDISS Denounces the Continued Detention of Female Journalist Diing Magot, Calls for her Immediate Release

Juba-South Sudan, August 12, 2022, Association for Media Development in South Sudan (AMDISS) is deeply concerned over the continued detention of female journalist Diing Magot, a freelance reporter for the Voice of America in South Sudan.

Diing was arrested on Sunday, August 7th, 2022 near Nyakuron Cultural Centre while she was coming back from covering a peaceful protest at Konyo-Konyo Main Market. She was first taken to Buluk Police Station where she spent a night, later transferred to Melekia Police Station, and finally relocated to Juba Central Prison on Tuesday, August 9th, 2022.

AMDISS has been following the case closely together with other media institutions. However, it is not clear why government authorities continued to detain the journalist. Information from the police indicates that the journalist was not found with any identification (ID) at the time of her arrest. Though later the media house which she works for, wrote a letter certifying that Diing is their correspondent in South Sudan. Other relevant documents including her IDs were also availed to the authorities to prove that she is a journalist.

The continued detention of this journalist after all the above efforts, is a big concern to AMDISS and the entire media fraternity in South Sudan. It has serious repercussions on press freedom and the safety of journalists, especially female journalists as this could force journalists into self-censorship to avoid being arrested and detained.

AMDISS, therefore, calls upon authorities in charge to release Diing Magot immediately. Journalist Diing did not commit any crime. She was only doing her job as a journalist, fulfilling her duty given to her by the Transitional Constitution of South Sudan 2011.

We urge journalists and media houses to continue upholding journalism ethics and the code of conduct of the practice of journalism in the Republic of South Sudan.

For more information on this press release contact the following: Mr. Koang Pal Chang, Chairperson of AMDISS at [email protected] or call +211 922 814 414

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