Digital rights are human rights

THE phenomenon of the internet and digital technology has opened a new world of interaction and information sharing. However, it has also widened the gap between the haves and have-nots, and provided governments with new ways of exerting control over their citizens, especially in Africa.

With the high cost of data, government shutdowns and surveillance, and vague cybercrime legislation often used to limit freedom – it has never been easier for human rights to be restricted. That digital rights are human rights is not a question.

As early as 2012, the United Nations Human Rights Council established that human rights apply equally online and offline, and digital rights are human rights. The challenge now lies in how to realise these rights equally for all and how to protect these rights. For people to be equal, they need to have equal footing.

However, conditions on the ground show that this is far from being realised in the context of internet access. In Africa, the cost of data is proportionately higher than on most other continents and often only affordable to those in urban areas.

Allowing this divide between the digital haves and have-nots to persist risks severe damage to the very foundations of any democratic state. The challenge lies in how to bring data prices down when political will and infrastructure are lacking. Indeed, it has never been easier for governments to block information access to their citizens.

With the push of a button, they are now capable of complete internet blackouts in their regions, and many authoritarian African governments do this with impunity to still voices that criticise or oppose them. ‘National security’ is an umbrella term frequently used to excuse this, but the term is vague and often lacking in substance.

Internet blackouts during elections, demonstrations or military coups indicate that perhaps the only security in question is that of the government to stay in power. To challenge this, government orders to block internet activities must be questioned in the courts, and the judgements should be widely published to deter similar government actions in the future. In addition, surveillance of internet communications seems to be a considerable temptation for some African governments as it is an easy and effective way to keep track of the population’s activity.

Although general surveillance is not condoned by the African Union Declaration, ‘targeted surveillance’ is permissible. This loophole is extensively used in some African countries to justify widespread surveillance.

The solution lies in how civil society and independent media can best challenge existing laws and actions.

How to make African states comply with minimum standards also needs to be debated. The new landscape of the internet and digital world has understandably required new laws. Several African countries have already passed cybercrime legislation; however, there is concern that the laws over-reach legitimate aims and lack clear definitions.

This makes them open to misinterpretation and misuse. Another question arises: How can cybercrime legislation be enforced if people are allowed to be anonymous online? To answer this, definitions need to be clear, and debates involving civil society, the user community, legal and digital experts and governments are necessary to come up with solutions that will be backed by all.

The future of free internet is at stake. At a bare minimum, if every user starts to check facts, this will help preserve a free internet and our rights within this space. Projects such as Africa Check and Namibia Fact Check aim to break the cycle of false information.

It will also make a difference if schools teach media and information literacy proficiently. In closing, the internet is an invaluable tool for information, communication, and empowerment. It is populated by members of the human race – the same people we interact with in our daily lives. We should treat everyone online with the same respect that we treat those offline, and we should do everything in our power to make it work, for our benefit.

*Hendrik Bussiek is a journalist and international media consultant. He is an expert in the areas of media policy and legislation with a special focus on Africa, author/editor of several publications on freedom of expression and public broadcasting, and co-founder of the African Media Barometer. Fesmedia Africa and its partners are hosting a twoand-a-half-day regional conference on Information and Communication Rights in Africa from 31 May to 02 June 2023 in Windhoek, Namibia.