Honourable Chairperson of the African Commission on Human and Peoples’ Rights (the African Commission), Special Rapporteur on Freedom of Expression and Access to Information and Commissioners of the African Commission.

Paradigm Initiative (PIN) is concerned about repressive laws and practices in some African countries that violate freedom of expression, privacy of communications and anonymity online. In Uganda, the Computer Misuse (Amendment) Act, 2022 (the Amendment), which amended the Computer Misuse Act, 2011, has several provisions that have a blatant chilling effect on freedom of expression. Section 26B(1) states that a person shall not send to or share with another person unsolicited information through a computer unless the sending or sharing of the unsolicited information is in the public interest. This is a vague provision with a chilling sentence of up to 7 years imprisonment.  Section 26D(1) of the Amendment states that a person who uses social media to publish, distribute or share information prohibited under the laws of Uganda under a disguised or false identity, commits an offence. This can be on platforms such as YouTube, WhatsApp, Facebook, Instagram, Twitter, TikTok, Telegram or Linkedin. This overly broad provision violates the right to be anonymous on social media platforms with a penalty of a fine or up to 7 years imprisonment. 

The Tanzanian Communication Regulatory Authority (TCRA) issued a  statement on 13 October 2023, directing all individuals and companies that rely on Virtual Private Networks (VPN) for their operations to declare their VPN usage and provide all relevant information, including their Internet Protocol (IP) addresses, an invasive call sanctioning the use of VPNs. The collection of this data places users’ privacy at risk. It leads to self-censorship for fear of privacy breaches and can be used to enhance surveillance of human rights defenders, the media and other actors relying on VPNs in Tanzania. The call by TCRA threatens users’ ability to access the Internet, occasioned by section 16(2) of the Electronic and Postal Communications (Online Content) Regulations, 2020, a concern in view of Tanzania’s history of shutting down the Internet more so, in the face of upcoming elections in 2024.  This directive and provision threaten anonymity by calling for disclosure of IP addresses, among other things, especially in the absence of a legitimate purpose to do so.

Principle 40(2) of the African Commission on Human and Peoples’ Rights (African Commission) Declaration of Principles on Freedom of Expression and Access to Information  states that everyone has the right to communicate anonymously or use pseudonyms on the Internet and to secure the confidentiality of their communications and personal information from access by third parties through the aid of digital technologies. 

Principle 40(2) of the African Commission on Human and Peoples’ Rights (African Commission) Declaration of Principles on Freedom of Expression and Access to Information  states that everyone has the right to communicate anonymously or use pseudonyms on the Internet and to secure the confidentiality of their communications and personal information from access by third parties through the aid of digital technologies. 

Furthermore, PIN is concerned by the recent passing of the  Criminal Law (Codification and Reform) Amendment Act 10 of 2023 (‘Patriotic Act’) which has a chilling sanction for injuring the sovereignty and national interest of Zimbabwe. It creates in section 2, Section 22A(2) of the Criminal Code, which criminalises meetings or any form of communication between a Zimbabwean citizen or permanent resident that involves or is facilitated by a foreign government or any of its agents to subvert, upset, overthrow or overturn the constitutional government in Zimbabwe. The penalties vary, with penalties as chilling as the death sentence, imprisonment for life or imprisonment of up to 20 years. The offence has overreaching implications on freedom of expression and association, targeting offline and online meetings. 

On 3 April 2023, Ethiopia blocked mobile Internet access during protests in parts of the Amhara region. The sustained practice of disrupting the Internet in Ethiopia is a cause for concern as it violates freedom of expression and access to information. 

PIN urges the African Commission to do the following:

• • Call on African States to refrain from enacting laws and passing directives that unjustifiably limit access to the Internet and social media platforms.
  • Call on Uganda to repeal the vague provisions in the Computer Misuse (Amendment) Act, 2022,  threatening freedom of expression and particularly targeting anonymity online. 
  • Call on Tanzania to refrain from threatening freedom of expression and privacy by targeting anonymity online through directives to users to disclose their VPN usage and all relevant information, including their Internet Protocol (IP) addresses.

• Call on Ethiopia to refrain from sustained  Internet disruptions, ensuring open and secure Internet access. 

• Call on Zimbabwe to repeal section 2 of the Criminal Law (Codification and Reform) Amendment Act 10 of  2023 (Patriotic Act).

Thank You.