"The objective of this report is to make available a resource that can be used by lawyers, policy experts and civil society to gauge the trajectory of judicial discourse on digital rights and use this as a tool to advocate for greater protections. This is not a compendium of all cases relating to th
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e topics dealt with. For studying the cases, the researchers developed a workbook that collated decisions available in online databases including CYRILLA and the Columbia University’s Global Freedom of Expression database. Resources developed by national groups on the state of digital rights in their countries provided critical guidance. The cases selected naturally fell into three categories of Access, Privacy and Freedom of expression. A key challenge faced, while developing this research, relates to collection of data. In many of the countries (except India), case laws are not easily available on free, open and searchable case law databases. Judgements and orders are often not available or are difficult to access on official court websites. In some countries, many of the decisions or orders relating to digital rights were not reported and thus were inaccessible. In a few instances, particularly for Nepal and Pakistan, some judgements were not available in English and reliance had to be placed on the analysis of the judgement provided by researchers with knowledge of the local language. The countries selected share similar legal systems and challenges in the exercise and enjoyment of digital rights. Some of the issues covered by the report include discussions around access to the internet and its impact on other rights as well as network shutdowns. Judicial pronouncements in relation to privacy, surveillance, national identity programmes, data protection have been analysed across jurisdictions. A significant number of cases studied related to challenges surrounding freedom of expression. Judgements on access to the internet indicate that there is some recognition of the central role the internet and connectivity play in the lives of all individuals. Cases discussed in this report include judgements relating to equitable telecast rights, instances where use of mobile phones were prohibited, providing limited internet access to prisoners, recognition of medium of information being protected and multiple cases on network shutdowns." (Overview and refelections, page 7)
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"An increasing number of governments around the world are forcing internet service providers to slow their services during critical sociopolitical junctures—a practice known as throttling—infringing on citizens’ right to information and freedom of expression. Despite its deleterious impact on
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media development and foundational rights, throttling remains an often-neglected topic and risks becoming a pervasive, yet hidden, threat to press freedoms, democracy, and human rights. Throttling refers to the intentional slowing of an internet service by an internet service provider. It stifles the free flow of information during critical moments and prevents journalists from providing vital information to citizens abroad and at home. Due to its difficulty to detect, throttling shields authorities from public scrutiny. Businesses have a duty to be transparent about how and when governments force them to disrupt their services, yet often remain silent on the issue." (Key findings)
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"This report and the associated workbook seeks to contribute to the discourse in three ways. First, we hope to open an extensible documentation and overview of practices, experiences, and resources on the legitimisation of, and resistance to, state-backed internet shutdowns across the world. Second,
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we seek to enable and advance a collective understanding of emerging legal and jurisprudential frameworks being used to legitimise and resist internet shutdowns. Free and open access to such data would help human rights lawyers and civil society advocates to locate relevant jurisprudence and accordingly tailor strategies." (About this report, page 6)
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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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"The European Union (EU) recently passed the General Data Protection Regulation-a sweeping regulatory framework that sets a new global standard for the collection, storage, and use of personal data. To ensure far-reaching compliance with the GDPR, the EU has adopted a strict take-it-or-leave-it appr
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oachcountries that wish to engage with digital users in the EU must either comply with the GDPR's expansive data obligations or risk losing access to the world's largest trading block. This presents significant obstacles for several African nations. Notably, no African country currently has domestic laws that comply with the GDPR. Even if they did, several African countries lack stable judicial branches to enforce such laws, and many do not have the technological infrastructures or expertise to ensure ongoing compliance. Additionally, the GDPR's extraterritoriale ffects may amount to data imperialism, allowing the EU to impose its own definition of data privacy on African countries without concern for their unique social values and economic realities. This Note analyzes how the GDPR negatively impacts several African countries, as well as the difficulties in solving these economic and social problems. Although there are no easy solutions for these complex issues, this Note recommends that African countries adopt data privacy legislation at the regional level, create regional enforcement authorities, and invest in technological infrastructure and training." (Abstract)
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"The uptake of telecommunications technology in Myanmar has been nothing short of dramatic. After years of restricted access to information and freedom of expression, it has been a remarkable journey for civil society groups like MIDO to witness the growing interest and demand, especially among the
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youth, to use smartphones to engage politically and socially. Yet the challenges are still there, not only because of the restrictive laws but also because of the threats resulting from hate speech and misleading information that affect people's right to know. There are still missing pieces in terms of privacy and data protection, which will be crucial if the government goes ahead with its plans to introduce e-government systems and digital identification methods. If private telecommunication operators succeed in amending their licensing agreements so they are no longer responsible for offering coverage to all areas of the country, especially those with ongoing conflicts, it will mean that communities or individuals that most need connectivity will not have access through mobile telephones. It is becoming increasingly important to demand governmental and corporate transparency, as well as meaningful public participation, in the formulation of policies and laws for the telecommunications sector." (Page 374)
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"The four principles identified as key to Internet Universality are summarised as the R-O-A-M principles, and are fundamental to the development of the Internet in ways that are conducive to achieving the Sustainable Development Goals with no one left behind. These principles are: R – that the int
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ernet is based on human Rights; O – that it is Open; A – that it should be Accessible to all, and M – that it is nurtured by Multistakeholder participation. To enable the concept of Internet Universality to be more concretely understood and applied, UNESCO has spent two years developing indicators for the four principles. These indicators enable the empirical assessment of Internet Universality in terms of its existence at the level of a national Internet environment. By using these new indicators for research, a collage of evidence can be assembled to help governments and other stakeholders to identify achievements and gaps. The indicator framework is tailored for national use in regard to improving the local Internet environment, and is not designed or suited to rank countries in comparison with one another." (Executive summary, page 12)
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"This report is structured according to five overlapping themes that we consider a helpful framework for assessing internet health: privacy and security, openness, digital inclusion, web literacy, and decentralization, but it’s designed so you can read the articles in any order." (Introduction)
"Key principles: 1. Data subjects must own their data – individually and collectively. 2. Our data requires protection from abuse. 3. We need the tools to control our data. 4. Data commons need appropriate governance frameworks. 5. Data protection, sharing and use require new institutions. 6. Data
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-creating work ought to come with data rights. 7. Data should be processed close to the point of its origin. 8. Cross-border data flows must be decided nationally. 9. Techno-structures need to be reclaimed as personal and public spaces. 10. We should own our software and be able to control it. 11. Key digital infrastructures need to be governed as public utilities. 12. Techno-structures must be decentralised for open use, with interoperability. 13. Global digital monopolies should be broken. 14. Societies’ datafication needs to be managed democratically. 15. Digital standards must be developed by public interest bodies. 16. The digital has to be governed in a local-to-global manner." (Pages 2-3)
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"The statistical study determines that network interferences are more likely to happen at higher rates of expansion of Internet connectivity until a tipping point, suggesting that efforts to extend Internet access in low- and middle-income countries may lead to less overt restrictions. This threshol
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d stands at an annual rate of expansion of about 7 percent. The interviews reveal that individual actors within the digital rights community are seeking more coordinated efforts to resist shutdowns. The interviews are also used to support points made throughout the report. A calculation of the cumulative duration of network disruptions reveals that the Internet and/or social media were disrupted around the world for about 2,500 cumulative days in 2017 alone. Approximately 105 known shutdowns took place that year, surpassing each previous year. The report outlines a broad range of civil and political, as well as economic, cultural, and social rights that are typically impacted by network disruptions, moving beyond the typical focus on freedom of expression, elections, and economic impacts to broaden the arguments and actors discouraging disruptions." (Executive summary)
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"The rise of social media in Zimbabwe has brought with it a greater variety of platforms which offer people a means to express themselves. However, the democratisation of information and the increase in digital spaces have also come with greater state restriction and polarisation among Zimbabweans.
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This policy brief intends to discuss the state’s attempts to act as the proctor of social media in order to explore the relations between users of online platforms in terms of political leanings and gender. To this end, it will also discuss the damaging effects of online targeting and how it can exacerbate already existing political divisions between people. The paper will also discuss how the state uses legal instruments to surveil and regulate online activity as a way of maintaining its iron grip on the people." (Abstract)
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"This policy brief summarises extensive information on digital rights violations and politically motivated information disorders affecting Venezuelans, principally social media users. The brief focuses on the conflict dynamic between an authoritarian government and those fighting for re-democratisat
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ion. Venezuelan government policies and actions amid the process of eroding democracy are revisited. The most pressing issues affecting internet freedom and digital rights are scrutinised. Emphasis is placed on the discussion of the dynamics of the coordinated spread of online propaganda and government-sponsored disinformation. Issues surrounding the deployment of digital ID, biometrics data, and risks of massive surveillance are also identified. The brief concludes with policy recommendations for social media companies, journalists, civil society organisations, and policy shapers involved in democratic transition efforts." (Abstract)
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"Digitization has transformed the way we interact with our social, political and economic environments. While it has enhanced the potential for citizen agency, it has also enabled the collection and analysis of unprecedented amounts of personal data. This requires us to fundamentally rethink our und
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erstanding of digital citizenship, based on an awareness of the ways in which citizens are increasingly monitored, categorized, sorted and profiled. Drawing on extensive empirical research, Digital Citizenship in a Datafied Society offers a new understanding of citizenship in an age defined by data collection and processing. The book traces the social forces that shape digital citizenship by investigating regulatory frameworks, mediated public debate, citizens' knowledge and understanding, and possibilities for dissent and resistance." (Back cover)
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