Perspectives: Digital Rights and Access to Information
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"The Declaration of Principles on Freedom of Expression and Access to Information in Africa...states that the 'universal, equitable, affordable and meaningful access to the internet is necessary for the realisation of freedom of expression, access to information and the exercise of other human rights'."
This series of papers on digital rights and access to information was published by fesmedia Africa, a regional media project of the Friedrich Ebert-Stiftung (FES) in Africa. Its work promotes a free, open, liberal, and democratic media landscape that enables ordinary citizens to actively influence and improve their lives, as well as those of the communities and societies they live in.
The series consists of the following papers:
- Digital Rights Are Human Rights: An Introduction to the State of Affairs and Challenges in Africa, by Hendrik Bussiek (April 2022) - This paper explores areas such as access to the internet, government interference with internet access, surveillance, cybercrime, and how to preserve a free internet. The paper poses some questions that the author argues should be interrogated further, using a multi-stakeholder approach. "In sub-Saharan Africa, 495 million people (46 percent of the population) subscribed to mobile phones in 2020, however, the cost of accessing the internet is very high and many African Governments are renowned for restricting access to the internet to limit critics and their opposition through internet shutdowns, especially ahead of elections. There is widespread government surveillance in many countries in Africa without sufficient legal basis. In Zimbabwe, for example, the interception of private communications is permitted without a warrant issued by a court; instead, the Minister of Transport and Communication has the power to order such surveillance. Many countries in Africa and around the world have passed cybercrime legislation in recent years or are about to do so. There is great concern that many of these laws overreach their legitimate aim, lack clear definitions and are susceptible to being used for regulating online content and restricting freedom of expression."
- A New Deal for Journalism in Africa - Part 1: Three Pillars for Bringing Platforms to Pay Fair Value for Public Interest Journalism, by Sekoetlane Phamodi (May 2022) - "Charting a new path for the sustainability of public interest media in Africa requires an urgent rebalancing of bargaining power between the news and information services and the digital platforms, which have become indispensable to their very viability. This paper proposes that three pillars grounded in the African Commission on Human and People's Rights (ACHPR) Declaration of Principles on Freedom of Expression and Access to Information in Africa 2019 should underpin this rebalancing exercise." These pillars are: (i) designating public interest journalism as a public good, (ii) incorporating national public media funds to resource the supply of public interest journalism and safeguard its public value, and (iii) drawing revenue for these funds from a collective fee mechanism paid by digital indexing and publishing platforms.
- Community Media in Sub-Saharan Africa - Part 1: Community Media for Community Development and Change, by Birgitte Jallov (June 2022) - "Community media (specifically community radio) are an important platform for empowerment, development and community transformation in sub-Saharan Africa. Community media are media of, by and for a community. For community media to realise their transformation potential, they need government attention, support and care. This paper makes a strong case for what it will take to achieve sustainable community media, giving examples of legislation and community impact and transformation from several sub-Saharan African countries. Once well established, the potential of community media can be reached through community ownership and participation. The transformative development potential of community radio is vast. This paper presents examples of changes generated by communities shaping the narrative and their future direction. It also explores what needs to be in place for community radio to achieve its potential, namely, an enabling environment through a legal framework and fair and transparent regulations. A discussion of three sustainability-furthering frameworks is also included."
- Digital Migration and Access to Information - The Southern African Experience, by Norah Appolus (July 2022) - This paper looks at the advantages and challenges of migrating to digital broadcasting, looking at how digital migration can promote access to information. "Digital broadcasting migration is generally a process in which broadcasting services offered on traditional analogue technology are replaced with digital networks. It is the transition or switch from analogue broadcasting to digital broadcasting. Most Southern African countries have made good progress and are in the final stages of digital migration. However, some countries are struggling due to financial constraints and a lack of urgency to comply with ITU [International Telecommunications Union] and SADC [Southern African Development Community] guidelines. Digital broadcasting has improved signals and technical picture quality. It affords audio descriptions for the visually impaired. This group was previously uncatered for as analogue could only provide sign-language services for the deaf and hard of hearing. Subsidising STBs [set-top boxes] is also a clear indication of the political will of some governments in the region to ensure that citizens enjoy the full benefits of digital migration and its inherent spin-offs, which include access to information."
- Public Interest Journalism and Good Governance: Access to Information Laws Promote Public Interest Journalism and Good Governance, by Gabriel Baglo (August 2022) - This paper highlights how freedom of information made possible through legislation has an impact on the development of the media, the quality of their output, and enhanced good governance in Africa. "Access to information is an essential component of best practices in public administration management and governance in Africa. Transparency is progressively becoming the rule, and secrecy the exception. The campaigns for the expansion of access to information alongside the development of the digital era have enhanced the scope of journalism, especially investigative reporting in several African countries. Currently, 25 African countries have adopted Access to Information laws. The African Union, its organs and African governments ought to boost the adoption of constitutional provisions and laws on access to information for everyone."
- Community Media in Sub-Saharan Africa - Part 2: Community Media for Community-driven Access and Rights, by Birgitte Jallov (September 2022) - This paper "presents the case of community media (specifically community radio) as an important platform for communities to shape their own narrative. Through participation and ownership of their own media, communities can build on their culture, tradition, and indigenous knowledge. Through this, communities can also access a basic human right: freedom of expression. Community media allows communities to access the information they need in order to advance their rights. Once well established, the potential of community media can be reached through community ownership and participation. Community media gives communities a voice and allows them to define their path, pandering neither to political nor commercial interests. Community media is in the unique position of only operating in the interests of the community it serves. It is a platform for the community's freedom of expression, a fundamental human right in a democracy..."
- A New Deal for Journalism in Africa - Part 2: How Market Regulation Will Bring Platforms to Pay Fair Value for Public Interest Journalism, by Sekoetlane Phamodi (December 2022) - As a follow-up to Part 1 (see above), this paper describes the relationship of power between platforms and news media businesses and explains why it requires rebalancing through public power. It explores: the market regulatory approach taken by the Australian government, why it shows promise, the limitations it presents, and how these might be overcome if African countries should adopt it. It then outlines some of the institutional arrangements required for regulation to be effective in supporting the resilience of news and information services in decentralised content distribution environments through which digital platforms have market dominance.
- Digital Spaces, Rights and Responsibilities: Towards a Duty of Care Model in Southern Africa, by Prof Admire Mare (January 2023) - "During the past three years, almost everyone across the world has become increasingly dependent on digital technologies....This is not to ignore the persistence of digital inequalities and divide in Africa. In this article, the intersection between digital spaces, rights, and responsibilities in an interconnected platformising world is highlighted. Besides unpacking structural harms and unfreedoms accompanying this platformisation, it also proposes a duty of care model rooted in the African philosophy of Ubuntu."
- Digital Migration and Access to Information: Impact on Marginalised Communities in Southern Africa, by Norah Appolus (December 2022) - "What are the challenges...marginalised communities face? Is there political will to include marginalised communities by giving them access to the airwaves? Do they have a voice? Can marginalised communities freely access the airwaves now that the region has migrated to digital?" These are the questions animating this paper, which discusses digital broadcasting migration and its advantages, especially regarding marginalised communities in the southern African region. It then defines 'marginalised' communities in the Southern African context and discusses whether these communities finally have a voice with the opening up of the airwaves through digital migration and whether this has given them access to needed information.
Publishers
Publication Date
Languages
English, French, Portuguese
Source
fesmedia Africa website on March 15 2023; and email from Dickson Kasote to The Communication Initiative on April 4 2023. Image credit: fesmedia Africa
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