"This report assesses the extent to which the public participated in three recent ICT policy and law-making processes. These include the National Information Communications and Technology (ICT) Policy, 2019, the Computer Misuse and Cybercrimes Act, 2018, and the Data Protection Act, 2019 [...] Gener
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ally, the government is yet to put in place a holistic, multi-disciplinary, multi-stakeholder, mechanism for public participation. For example, the Public Participation Bill, 2019 which could provide the framework for effective public participation, has not yet been enacted. Specifically, the three ICT processes were marked by cross-cutting inconsistencies in the interpretation and application of public participation. State agencies failed to: inform the public with objective, baseline research to enable stakeholders to understand the problem or need to be addressed by a process, and solutions proposed; consult stakeholders, and provide them with sufficient time to contribute to public calls for input, or give feedback on the consideration of stakeholder submissions; involve stakeholders to contribute to the processes from the beginning, avail equal opportunities for different stakeholders to contribute to the processes, or avoid duplication of processes; and, collaborate with stakeholders in decision-making to ensure consensus and balancing special interests against stakeholders’ inputs, evidence and facts." (Executive summary)
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"Southeast Europe’s strong tradition of regional cooperation for media reform can be leveraged to address the renewed threats independent media face. Countries in the region have shared cultural and trade ties, common media markets, and face similar threats to a free and independent press. They al
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so benefit from numerous existing regional coalitions and networks that have worked for decades to develop shared norms and standards and promote cross-border knowledge sharing and solidarity. Southeast Europe’s regional media coalitions, organizations, and networks are a significant force for promoting media freedom, independence, and pluralism. Regional coalitions are important drivers of national reform efforts. They need to be equipped to take advantage of new windows of opportunity and tap into the power and influence of the numerous multilateral organizations that serve the region. The support of international donors and multilateral institutions is critical to advancing media reform agendas in Southeast Europe. However, more needs to be done to broaden and deepen support, and to tap into the collective capacities and assets of local media organizations and regional media coalitions." (Key findings)
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"Divisive Internet regulation is fragmenting the formerly worldwide web into numerous shards that follow their own rules. The US, the EU and China are influential in shaping regulation even beyond their own jurisdictions, with consequences for human rights, particularly in Africa. This paper argues
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that, as of 2020, the Western post-9/11 security agenda and uncontrolled digital capitalism had a more detrimental impact on Internet regulation in Africa than the authoritarian Chinese concept of Internet sovereignty, seriously affecting freedom of expression and the right to privacy online. However, particularly authoritarian governments in Africa use China’s economic and political agenda to their advantage, leaving civil societies at the mercy of digitally empowered states. Direct ways of impacting Internet regulation in Africa include loans, development programs or influential laws, whereas indirect means include engagement in multilateral and multi-stakeholder fora. Besides the political and economic interests of states, the datafication agendas of ICT corporations shape Internet landscapes in Africa. An emerging data protection framework pushed by the EU has the potential to mitigate their impact. Other means of protecting human rights require a united approach by the African Union and a deconstruction of digital capitalism and dependence relations between African states and the Global North." (Abstract)
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"1) Any definition of disinformation in legislation or other regulation, such as regulatory guidance, must take into account the serious implications for freedom of expression and media freedom. Particularly to the extent that provisions on disinformation have been adopted in criminal law, a precise
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definition is paramount. This is even more important following the basic principle of criminal law, which prescribes that penalties only may be imposed when the criminal behaviour and the applicable penal sanctions within the upper and lower limits are precisely formulated in the law. Scholars and fundamental rights experts have warned that disinformation is an “extraordinarily elusive concept to define in law”, and is “susceptible to providing executive authorities with excessive discretion to determine what is disinformation, what is a mistake, what is truth”. Further, measures to combat disinformation “must never prevent journalists and media actors from carrying out their work or lead to content being unduly blocked on the Internet.” Indeed, the European Commission has warned that laws on disinformation which are “too broad” raise particular concerns as regards freedom of expression, and can lead to self-censorship. Given the dangers associated with defining disinformation in legislation, great caution should be exercised in enacting a definition. 2) Current national approaches are very divergent, which from a Digital Single Market and market freedom perspective can create problems for the freedom of the media to disseminate information across borders. This clearly demonstrates a further need for considering all options of handling more unified concepts. 3) Where disinformation is sought to be defined, common elements of a more unified approach to defining disinformation should be: (a) false or misleading information, (b) disseminated with a specific intention (malicious or bad faith) (c) and has the ability to cause certain public harms." (Recommendations, page 85)
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"This report compares the impact of legislation in countries with multiparty legislatures and independent government institutions, and countries with one dominant political force and an absence of independent national institutions. It finds that in the former countries, provisions are included to sa
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feguard human rights and democratic practices, in particular freedom of expression, whilst international conventions are adhered to and aligned with human rights principles. In contrast, the latter countries place the authority of the state at the centre of dis-information laws, and their interpretation of what constitutes fake news is often vaguely-worded. To address these issues, a set of recommendations are prescribed to governments in the region to adhere to the international obligations, set up independent institutions, ensure multi-stakeholder collaboration, and seek expert advise the conditions to regard when implementing national legislation, policies and practices." (Abstract, page 61)
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"This chapter examines the perceptions of Nigerian journalists towards the Nigerian Press Council Bill 2018 and the governments’ online surveillance. The study employs survey and interview methods: 217 Nigerian media practitioners selected from print and online media responded to the questionnaire
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while ten key informants were interviewed. The findings revealed that a majority of the respondents are concerned about the government’s effort in suppressing freedom of expression. They believe that personal interest rather than national interest constitutes the basis for the government’s online surveillance and the proposed new Press Council Bill, which a majority believe will gag the press and restrict freedom of expression in Nigeria. A majority of the respondents also consider the government’s online surveillance an impediment to their professional duties and a violation of their privacy. Hence, they believe that it is not unlikely that their digital presence has been tracked and monitored by government security agencies. As a result, respondents have resorted to avoiding certain topics considered critical of government while also avoiding activities on social media that may be considered controversial or suspicious. Hence, respondents believe protecting the anonymity of their sources and disguising their digital footprints are the needed safety precautions." (Abstract)
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"There are several overarching reasons why billions of people remain offline, ranging from a lack of network infrastructure availability and affordable Internet services to gaps in skills and ability, the availability and cost of personal devices, and a perceived lack of relevancy. For example, over
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750 million people (approximately 10 per cent of the global population) are not covered by mobile broadband (3G or higher).2 This lack of coverage is particularly concentrated in rural and remote areas. In addition to the coverage gap, usage gaps exist in places with broadband coverage. For example, while up to 31 per cent of individuals in Africa do not have mobile broadband coverage, around 45 per cent do not use mobile Internet even though they live in places with mobile coverage. Estimates also suggest that there are at least 88 countries worldwide where average prices for entry-level mobile broadband service are considered unaffordable (above 2 per cent of average monthly GNI per capita).
The Last-Mile Connectivity Internet Solutions Guide was developed to support the design and development of programmes and interventions that address two of these main issues: the lack of Internet infrastructure availability in certain areas; high Internet service prices that make Internet connectivity unaffordable for local populations. The Solutions Guide presents a methodology for introducing sustainable, affordable connectivity solutions in unconnected and underserved geographies. Although the other challenges (e.g. digital literacy, personal devices and locally relevant content) are as important, they are not the focus here, as they are addressed in depth in other resources listed in the Annex 2. This Solutions Guide was developed to help accelerate actions by Member States to address last-mile Internet connectivity issues in situations that include a lack of network infrastructure and with a view to encouraging more affordable service delivery. It has been written from the perspective of localities and users in geographies without Internet access: the last-mile connectivity communities. The tools, service interventions and policy solutions therefore reflect how best to extend Internet access to those localities, taking into account their unique characteristics." (Executive summary)
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"The internet has revolutionised the way that many of us live our lives, enabling new forms of communication, fostering online communities, fuelling economic growth, and facilitating all manner of entertainment. Yet about half of the world’s population remains offline, and only about 19% of the Le
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ast Developed Countries’ (LDCs) population has access to the internet. The reality of access in rural areas across the world is even more bleak, with access in rural areas sitting at about 14% compared to 42% in urban areas in Global South countries. It is more urgent than ever to focus on affordable and meaningful mobile broadband internet access to deliver on the promise and opportunities of digital development in developing countries of the Global South, with special attention to rural areas and LDCs in general. In order to achieve the universal goals for reducing inequality and achieving universal access by 2030, it is crucial to have clear frameworks that can guide and speed up progress. This Rural Broadband Policy Framework (RBPF) aims to provide guidance to address the persistent ‘Digital Divide’, with a focus on the context and challenges faced in rural areas." (Introduction)
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"Although the Proclamation has good intentions of curbing hate speech in Ethiopia, it fundamentally restricts freedom of expression online and the right to information. Further, the proclamation has a chilling effect on online and offline rights, which could lead to self-censorship. For instance, jo
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urnalist Yayesew Shimelis was on April 21, 2020 arrested for allegedly attempting to incite violence by spreading false information contrary to article 5 of the Proclamation and charged by the high court Lideta branch. The government should accordingly repeal or amend the law to ensure that it promotes an online and offline environment that progressively facilitates the enjoyment of free speech and access to information in line with international and regional human rights instruments." (Page 4)
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"La ley TIC (tecnologías de la información y las comunicaciones) 1978, aprobada en julio de 2019 por el Congreso de la República de Colombia, es fruto de numerosas polémicas que desencadenaron movilizaciones, debates ciudadanos y cuestionamientos públicos. ¿Cuáles fueron sus ejes de discusió
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n? A continuación presentamos un relato con los principales acontecimientos." (Página 1)
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"Content moderation—the process of deciding what stays online and what gets taken down— is an indispensable aspect of the social media industry. Without it, online platforms would be inundated not just by spam, but by personal bullying, neo-Nazi screeds, terrorist beheadings, and child sexual ab
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use. Despite the centrality of content moderation, however, major social media companies have marginalized the people who do this work, outsourcing the vast majority of it to third-party vendors [...] Examples include custome-help centers in the Philippines, digital device factories in China, and clothing-production facilities in Bangladesh. Outsourcing is not inherently detrimental—if workers are paid fairly and treated humanely. A central question raised by outsourcing, in whatever industry it occurs, is whether it leads to worker exploitation. In social media, there’s an additional concern about whether outsourcing jeopardizes optimal performance of a critical function." (Executive summary)
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"En gran parte de América Latina existen normas que buscan regular los actos de discurso, ya sea a través de normativas contra el discurso de odio, o mediante la penalización de los “delitos de honor” (cuyo traslado al ámbito civil y la correspondiente despenalización, dicho sea de paso, es
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tá en mora en gran parte de la región). Resulta dudosa la necesidad de regular el discurso de odio en línea a través de legislación específica que aborde el medio a través del cual se comete, sin haber justificado por qué las normas preexistentes resultan insuficientes para ser análogas al entorno en línea; más aún, resulta preocupante que se regule el discurso de odio en línea a través de normas que consideran que el medio digital debería constituir un agravante, buscando aumentar el tipo y duración de las penas específicamente para las redes sociales." (Conclusiones)
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"China is making a sustained effort to become a ‘cyber superpower’. An integral part of this effort is the propagation by Beijing of the notion of ‘internet sovereignty’ – China’s supreme right to govern the internet within its borders and keep it under rigid control. Chinese companies w
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ork closely with Chinese state authorities to export technology to Africa in order to extend China’s influence and promote its cyberspace governance model. This contribution argues that the rapid expansion across Africa of Chinese technology companies and their products warrants vigilance. If African governments fail to advance their own values and interests – including freedom of expression, free enterprise and the rule of law – with equal boldness, the ‘China model’ of digital governance by default might very well become the ‘Africa model’." (Abstract)
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