The State of Media Freedom and Safety of Journalists in Africa 2022

"The media in Africa continues to face serious challenges in the execution of its work. The minimal progress in the advancement of press freedom and freedom of expression on the continent has been whitewashed by legislation and actions by some states that continue to hinder the development of a professional and independent media."

This report, published by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), shares the findings of a study that assessed eight indicators for media freedom and journalism safety across Africa. The report also includes key recommendations for various stakeholders, including government, media organisations, media support organisations, academia, and the United Nations (UN) and the African Union (AU).

The report has two objectives: The first is to research and document the state of media freedom and safety of journalists in Africa and to provide specific and evidence-based recommendations to guide policymakers, media development organisations, and other media freedom and human rights actors to address identified gaps that undermine the safety of journalists and media freedom in Africa. Secondly, the report seeks to reinforce the safety of journalists and enhance legal and institutional frameworks by providing recommendations to support the implementation of the UN Plan of Action (UNPoA) on the Safety of Journalists and the Issue of Impunity.

The findings shared in the report are based on four regional and sub-regional qualitative studies that were conducted using the African Media Freedom and Journalists' Safety Indicators. These eight indicators are:

1. The legal and regulatory framework;
2. Media pluralism and diversity;
3. Journalists' safety and protection;
4. Media independence;
5. Internet access and affordability;
6. Media self-regulation;
7. Surveillance and privacy of online communication; and
8. Independent online content producers and the right to freedom of expression.

The studies were conducted by CIPESA across Africa, in Eastern Africa by the Eastern Africa Editors Society (EAES), in West and Central Africa by Reporters Without Borders (RSF), and in Southern Africa by the Media Institute of Southern Africa (MISA). In addition, continent-wide consultations were conducted with national and regional media associations to assess the achievements, gaps, and room for improvement in the implementation of the UNPoA in Africa.

The report discusses the findings according to each of the eight indications. In summary, the research finds that "Freedom of expression and the safety of journalists have been on the decline in numerous countries on the continent. Whereas there have been some gains over the past few years in terms of media development, emergence of media houses (most especially online media), and freedom of expression in general, journalists and media houses continue to face mounting challenges in relation to their work. Moreover, while attacks on journalists are growing in several countries, the perpetrators, who often include security agents and other state officials, are rarely held accountable for their actions.

For many countries, it has been a case of one step forward and a subsequent step backwards. Progress has been made with some governments introducing explicit legal provisions and constitutions protecting freedom of expression and freedom of the media. More laws have been enacted on access to information, data protection and, in a number of countries, on the protection of sources. Further, in many countries, custodial sentences for press offences have been abolished over the last decade.

However, many of the gains have been reeled back, with political and economic pressures, as well as conflict situations, fuelling the retrogression. The adoption of laws relating to the fight against terrorism, surveillance, cybercrime, online expression or disinformation has considerably weakened the legal environment in which journalists operate. Key concerns include the broad possibilities offered by some cybersecurity laws to unduly restrict freedom of expression and media freedom by giving governments wide power to intrude on the private lives of citizens and the professional lives of journalists.

The research findings also show that despite the benefits that digitisation has brought to the practice of journalism in Africa, the different measures that some governments have employed to control and regulate the use of ICT have negatively affected journalism practice on the continent. Because access to the internet and digital technologies is both a right and an enabler of other rights, any measures taken to control and undermine this access and usage has a significant impact on the right to freedom of expression, access to information, assembly, privacy and by extension, democratic participation."

The report makes the point that changing the tide will require concerted efforts by the different stakeholders and offers a number of recommendations for government, media support organisations, academic and research institutions, media houses and journalists, and the UN and the AU. The following are examples of some of the recommendations:

• Governments should, for example: reaffirm their commitment to protecting the right to information, press freedom; and freedom of expression online and offline; publicly condemn violations of these rights; order investigations into the violations; and prosecute the perpetrators. These actions should be complemented with the provision of the necessary intelligence, logistical, and financial support to law enforcement agencies to conduct effective investigations and prosecutions.
• Media support organisations should support duty bearers to undertake independent investigation and prosecution of all forms of online and offline crimes against journalists and media workers through strategic engagements, as well as convene regular meetings and engagements among journalists, civil society, and other stakeholders to discuss the state of press freedom and journalism safety.
• Academic and research institutions should conduct in-depth and regular research on the pertinent issues on the nature and threats to press freedom and freedom of expression and generate empirical evidence that can support engagement with the various regional and continental bodies, as well as other stakeholders.
• Media managers and owners should take ownership of UNPoA and utilise their communication skills to enlighten actors such as the government ministries, parliamentarians, and the judiciary on safety issues and the need to put in place supportive mechanisms and policies. They should also work towards deploying ombudspersons so as to increase public trust in media content and improve the relationship between the public and the media.
• The UN and the AU should work together with other international bodies such as UNESCO, the Office of the United Nations High Commissioner for Human Rights, and other African, regional, and national bodies to push for the implementation of the UNPoA and to address impunity by demanding action from national governments to fulfil their obligations under international human rights law to guarantee freedom of expression and media freedom.