form “Rwanda into a middle-income country by
2020.”
27
The plan covers everything from general infrastructure (such as improving electrical
power quality), to Internet regulatory issues, and
plans for social development (such as the
Citizen’s Guide to Health Information Services).
Though other countries’ plans may not be
as ambitious or far-sighted, most countries also
have policies to spread Internet use. For example, Nigeria’s National Information Technology
Development Agency has implemented programs such as the Mobile Internet Unit, the Rural
Internet Resource Center, 28 and the Computers
for All Nigerians Initiative.
29
In addition, at least
thirteen sub-Saharan countries have made huge
leaps in providing Internet services by launching
Internet exchange points so that Internet traffic
can travel easily within their borders. 30 Overall,
governments are attempting to shake off these
limitations to Internet development and create
vibrant ICT systems throughout their countries. In
many cases, they have been fairly successful, as
Internet usage rates in the region grew by roughly 530 percent between 2000 and 2004. 31
Legal framework: Freedom of expression
and freedom of the press
Before examining the state of Internet content
regulation in the region, it is important to understand how countries handle traditional media.
Though countries do have protections for free
expression and press in sub-Saharan Africa,
these protections are often limited and, in a few
cases, seem honored most in the breach thereof.
Freedom of expression and press freedoms
are subject to constitutional protection in most
African countries. “Everyone has the right to free
expression, which includes freedom of the press
and other media,” in South Africa. 32 “Every person shall have the right to freedom of expression”
and “the press shall have the right to report and
publish freely, within Malawi and abroad, and to
be accorded the fullest possible facilities for
access to public information” in Malawi. 33 Explicit
constitutional exceptions to free speech are common as well, such as an exclusion for hate
speech (South Africa), 34 for defamation
(Ghana),
35
for anything that may impact the
enjoyment of rights by others (Zimbabwe),
36
and
broader topics such as public safety and welfare
(Rwanda, 37 Kenya,
38
and Ghana
39
).
Legislation designed to limit free speech
and the press is found in a number of countries.
Some laws protect the government from defamation and insult (Botswana) 40 and restrict the dissemination of obscenity (Liberia),
41
while other
laws restrict journalism based on security concerns (Malawi). 42 Fortunately, a number of countries are making efforts to reform their laws to
make them less restrictive. Rwanda, for example,
has drafted a new, less restrictive press bill to
replace its oppressive 2002 Press Law. 43 Other
countries in the region, however, are actively pursuing even greater restrictions of free speech.
Nigeria, for example, is considering an anti-gay
bill entitled the “Same Sex Marriage (Prohibition)
Act,” which would restrict free speech, association, and assembly relating to homosexuality. 44
Sub-Saharan governments have also taken
significant action against the media under the
auspices of antidefamation or national security
law. In Nigeria, the leader in media abuses in
West Africa, 45 two newspapers were raided in
2004 by the State Security Service for alleged
libel of government officials; 46 and in 2006 journalists were charged with an annulled sedition
law for questioning the president’s new plane
purchase. 47 In Côte d’Ivoire, the government has
been accused of using the media under its control to promote its own agenda 48 while suppressing oppositional newspapers and arresting journalists, even though the December 2004 press
law was supposed to have abolished jail time for
journalists. 49 Reporters in Rwanda were threatened by the government after criticizing the
administration. 50
In Uganda there have been reports of journalists being harassed by the military and, in one
Regional Overviews
215
2020.”
27
The plan covers everything from general infrastructure (such as improving electrical
power quality), to Internet regulatory issues, and
plans for social development (such as the
Citizen’s Guide to Health Information Services).
Though other countries’ plans may not be
as ambitious or far-sighted, most countries also
have policies to spread Internet use. For example, Nigeria’s National Information Technology
Development Agency has implemented programs such as the Mobile Internet Unit, the Rural
Internet Resource Center, 28 and the Computers
for All Nigerians Initiative.
29
In addition, at least
thirteen sub-Saharan countries have made huge
leaps in providing Internet services by launching
Internet exchange points so that Internet traffic
can travel easily within their borders. 30 Overall,
governments are attempting to shake off these
limitations to Internet development and create
vibrant ICT systems throughout their countries. In
many cases, they have been fairly successful, as
Internet usage rates in the region grew by roughly 530 percent between 2000 and 2004. 31
Legal framework: Freedom of expression
and freedom of the press
Before examining the state of Internet content
regulation in the region, it is important to understand how countries handle traditional media.
Though countries do have protections for free
expression and press in sub-Saharan Africa,
these protections are often limited and, in a few
cases, seem honored most in the breach thereof.
Freedom of expression and press freedoms
are subject to constitutional protection in most
African countries. “Everyone has the right to free
expression, which includes freedom of the press
and other media,” in South Africa. 32 “Every person shall have the right to freedom of expression”
and “the press shall have the right to report and
publish freely, within Malawi and abroad, and to
be accorded the fullest possible facilities for
access to public information” in Malawi. 33 Explicit
constitutional exceptions to free speech are common as well, such as an exclusion for hate
speech (South Africa), 34 for defamation
(Ghana),
35
for anything that may impact the
enjoyment of rights by others (Zimbabwe),
36
and
broader topics such as public safety and welfare
(Rwanda, 37 Kenya,
38
and Ghana
39
).
Legislation designed to limit free speech
and the press is found in a number of countries.
Some laws protect the government from defamation and insult (Botswana) 40 and restrict the dissemination of obscenity (Liberia),
41
while other
laws restrict journalism based on security concerns (Malawi). 42 Fortunately, a number of countries are making efforts to reform their laws to
make them less restrictive. Rwanda, for example,
has drafted a new, less restrictive press bill to
replace its oppressive 2002 Press Law. 43 Other
countries in the region, however, are actively pursuing even greater restrictions of free speech.
Nigeria, for example, is considering an anti-gay
bill entitled the “Same Sex Marriage (Prohibition)
Act,” which would restrict free speech, association, and assembly relating to homosexuality. 44
Sub-Saharan governments have also taken
significant action against the media under the
auspices of antidefamation or national security
law. In Nigeria, the leader in media abuses in
West Africa, 45 two newspapers were raided in
2004 by the State Security Service for alleged
libel of government officials; 46 and in 2006 journalists were charged with an annulled sedition
law for questioning the president’s new plane
purchase. 47 In Côte d’Ivoire, the government has
been accused of using the media under its control to promote its own agenda 48 while suppressing oppositional newspapers and arresting journalists, even though the December 2004 press
law was supposed to have abolished jail time for
journalists. 49 Reporters in Rwanda were threatened by the government after criticizing the
administration. 50
In Uganda there have been reports of journalists being harassed by the military and, in one
Regional Overviews
215