case, a foreign journalist being excluded from the
country altogether.
51
In Kenya there have been
numerous reports of journalists harassed by
state actors and, in some cases, even jailed. 52
Although Tanzania enjoys widespread press freedom as a general rule, the semiautonomous
region of Zanzibar has been marked by threats to
the independent press, which has been accused
of being “a threat to national unity.” 53 The
Ethiopian People’s Revolutionary Democratic
Front arrested seventy-six journalists, politicians,
and civil society activists for “‘treason,’ ‘conspiracy’ to overthrow the government and ‘genocide’” in the ongoing crackdown on opposition to
the government following the disastrous May
2005 legislative elections. 54 Self-censorship runs
rampant in the Malawi Broadcasting Company
because, as a current employee put it, “a mere
negative joke about the ruling party can cost
someone a job here.” 55
Nor has radio been immune to government
intervention. In Zimbabwe the government
jammed opposition radio stations in 2006, 56 and
in Zambia the government forcibly shut down
and revoked the license of a radio station that
broadcasted opposition views. 57
Though some countries, such as Botswana
and South Africa, protect free speech and are
recognized for their level of freedom, the continent as a whole is characterized by its severe,
entrenched restrictions of expression and the
press. 58
Internet content regulation
The regulation of Internet content in sub-Saharan
Africa is still in its formative stages. Given the
generally low penetration rates across the region,
the inchoate nature of Africa’s Internet regulatory
regimes is not surprising. With a few exceptions,
including South Africa, sub-Saharan Africa has
just begun to consider options and put together
plans for regulating Internet content. In this section, we investigate the current trends and likely
futures of Internet content regulation in the region
relating to obscene content, defamation, political
opposition, security, copyright, and Voice-over IP
(VoIP).
Obscene content
Many sub-Saharan African countries have laws
that restrict the traditional distribution of obscene
materials and empower organizations to enforce
those laws. In South Africa all material classified
by the Film and Publications Board as XX, including child pornography and violent sexual acts,
and X18, including any depictions of explicit sexual conduct, is illegal to distribute. 59 X18 material
can be legally distributed, however, if it occurs in
a face-to-face manner honoring age restrictions
and within a building. 60 The Malawi Censorship
Board, established in 1968 under the harsh
Banda regime, remains active in restricting
pornographic material. For example, in 2002 the
board ordered the takedown of a billboard advertisement showing a woman’s navel. 61 Zimbabwe
similarly restricts pornographic content, with laws
making the possession and dissemination of any
“indecent or obscene” content (that is, anything
“subversive of morality”) illegal. 62
Many countries, however, have not directly
applied these laws to the Internet. In many cases,
it is still unclear whether they actually could be
applied. For example, a nonprofit media organization focusing on gay and lesbian affairs in
Africa, known as Mask, argues that Zimbabwe’s
Censorship and Entertainments Control Act,
which regulates obscene content, has not kept
pace with technology and, therefore, may not
apply to Internet pornography. 63 Similarly,
Botswana’s Telecommunications Act 1996
makes illegal the transmission “by means of a
public telecommunication system, a message or
other matter which is offensive or of an indecent,
obscene or menacing character,” 64 but the country’s ICT policy document questions whether this
covers actions such as “exporting” child pornography over the Internet. 65
216
Regional Overviews
country altogether.
51
In Kenya there have been
numerous reports of journalists harassed by
state actors and, in some cases, even jailed. 52
Although Tanzania enjoys widespread press freedom as a general rule, the semiautonomous
region of Zanzibar has been marked by threats to
the independent press, which has been accused
of being “a threat to national unity.” 53 The
Ethiopian People’s Revolutionary Democratic
Front arrested seventy-six journalists, politicians,
and civil society activists for “‘treason,’ ‘conspiracy’ to overthrow the government and ‘genocide’” in the ongoing crackdown on opposition to
the government following the disastrous May
2005 legislative elections. 54 Self-censorship runs
rampant in the Malawi Broadcasting Company
because, as a current employee put it, “a mere
negative joke about the ruling party can cost
someone a job here.” 55
Nor has radio been immune to government
intervention. In Zimbabwe the government
jammed opposition radio stations in 2006, 56 and
in Zambia the government forcibly shut down
and revoked the license of a radio station that
broadcasted opposition views. 57
Though some countries, such as Botswana
and South Africa, protect free speech and are
recognized for their level of freedom, the continent as a whole is characterized by its severe,
entrenched restrictions of expression and the
press. 58
Internet content regulation
The regulation of Internet content in sub-Saharan
Africa is still in its formative stages. Given the
generally low penetration rates across the region,
the inchoate nature of Africa’s Internet regulatory
regimes is not surprising. With a few exceptions,
including South Africa, sub-Saharan Africa has
just begun to consider options and put together
plans for regulating Internet content. In this section, we investigate the current trends and likely
futures of Internet content regulation in the region
relating to obscene content, defamation, political
opposition, security, copyright, and Voice-over IP
(VoIP).
Obscene content
Many sub-Saharan African countries have laws
that restrict the traditional distribution of obscene
materials and empower organizations to enforce
those laws. In South Africa all material classified
by the Film and Publications Board as XX, including child pornography and violent sexual acts,
and X18, including any depictions of explicit sexual conduct, is illegal to distribute. 59 X18 material
can be legally distributed, however, if it occurs in
a face-to-face manner honoring age restrictions
and within a building. 60 The Malawi Censorship
Board, established in 1968 under the harsh
Banda regime, remains active in restricting
pornographic material. For example, in 2002 the
board ordered the takedown of a billboard advertisement showing a woman’s navel. 61 Zimbabwe
similarly restricts pornographic content, with laws
making the possession and dissemination of any
“indecent or obscene” content (that is, anything
“subversive of morality”) illegal. 62
Many countries, however, have not directly
applied these laws to the Internet. In many cases,
it is still unclear whether they actually could be
applied. For example, a nonprofit media organization focusing on gay and lesbian affairs in
Africa, known as Mask, argues that Zimbabwe’s
Censorship and Entertainments Control Act,
which regulates obscene content, has not kept
pace with technology and, therefore, may not
apply to Internet pornography. 63 Similarly,
Botswana’s Telecommunications Act 1996
makes illegal the transmission “by means of a
public telecommunication system, a message or
other matter which is offensive or of an indecent,
obscene or menacing character,” 64 but the country’s ICT policy document questions whether this
covers actions such as “exporting” child pornography over the Internet. 65
216
Regional Overviews