"The 20 October 2021 marks the first anniversary of the shooting of unarmed protesters by the Nigerian military. The movement pushing to abolish the Special Anti-Robbery Squad (SARS) has proved how social media can make the voices of the weak heard. However, recent developments surrounding social me
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dia regulations in the aftermath of the shooting show that the right to freedom of expression is at risk of regression." (Abstract)
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"The Ethiopian government restricts freedom of expression on the internet and has adopted extraneous limiting measures. Most of these measures are incompatable with the African Charter. Restrictions to freedom of expression on the internet include internet shutdowns, hate speech and disinformation r
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egulation, repressive laws, and internet censorship. These limitations may (in)directly muzzle freedom of expression in Ethiopia. The writer argues that illegitimate limitations of the right fall short of the quadruple tests of limitation measures, both under the African Charter and the Ethiopian Constitution. As a result, these limitations violate individuals’ freedom of expression on the internet. Finally, the article suggests that the Ethiopian government should draw guidance from the African Commission’s 2019 Declaration on Freedom of Expression and Access to Information containing rules on limitation measures imposed on freedom of expression on the internet." (Summary)
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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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"The Forum on Information & Democracy proposes a number of policy steps to democratic governments and their supporters. Transparency and accountability need to be shored up and content moderation should be done according to democratic mandates and oversight. The impact of new platforms where disinfo
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rmation can go viral, such as private messenger services, needs to be understood. Through a global democratic coalition, a meaningful alternative should be offered instead of the two dominant models of technology governance: the privatized and the authoritarian. Through the intergovernmental Partnership on Information & Democracy, democratic leaders recognize the information and communication space as a ‘public good’. Now they have to implement their commitments in policies on the national and international level. Our recommendations are designed to shape and support their policy agenda." (Foreword, page 13)
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"On 21 April 2020, Facebook announced a major shift in its content moderation policy in Viet Nam. Under this policy, it has increasingly complied with the Vietnamese authorities’ repressive censorship of online expression deemed critical of the state.3 Facebook has disclosed that it agreed to “s
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ignificantly increase” compliance with requests from the Vietnamese government to censor “anti-state” content in Viet Nam after concerted pressure from the Vietnamese authorities, including an enforced slowdown of Facebook services within the country. The Vietnamese government routinely deems peaceful and legitimate criticism of the government or information related to human rights abuses as “anti-state”, even though this type of expression is protected under international laws and standards. The decision by Facebook may have far-reaching global consequences, as other repressive governments around the world may now seek to apply a similar strategy by forcing Facebook and other technology companies to restrict online expression. As one industry observer noted: “How Google and Facebook deal with Viet Nam could offer clues to how they will protect user privacy and handle calls for censorship in other authoritarian regimes around the world.” Facebook’s decision has marked a sea change in the social media landscape in Viet Nam. Once the great hope for the expansion of freedom of expression in the country, social media platforms are fast becoming human rights–free zones, where any peaceful dissent or criticism of the Vietnamese government is liable to be censored and where users seeking to post such content face the risk of being suspended or otherwise barred from the platforms." (Executive summary)
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"Was macht Desinformation im deutschsprachigen Internet aus? Wie wirkt Desinformation? Wie kann sie mithilfe technischer Mittel erkannt werden? Was kann und könnte mit regulatorischen und rechtlichen Maßnahmen gegen Desinformation getan werden? Aus den Erkenntnissen von Journalistik, Medienpsychol
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ogie, Informatik und Recht werden Handlungsempfehlungen an die relevanten Adressaten hergeleitet: An den Gesetzgeber, Presserat, Medienschaffende, Betreiber von Social Networks, Einrichtungen der Forschungsförderung und nicht zuletzt Mediennutzende. Dieser Band endet nicht bei der Analyse, sondern zeigt auf, wie die Verbreitung von Desinformationen über das Internet wirkungsvoll eingedämmt werden kann." (Verlagsbeschreibung)
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"The situation of freedom of expression online in Indonesia affirms that Indonesia is shifting further from human rights and democracy. This is not much different from the situation in other countries in Southeast Asia which seem to be competing to be the worst in human rights and democracy. The shr
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inking space for democracy for civil society has the potential to make conditions worse because the state is difficult to be monitored and be reminded in protecting human rights, especially freedom of expression. Indonesia actually has quite a number of regulations that protect freedom of expression online or offline from laws to the constitution. However, there are still laws that restrict freedom of expression online, such as the Criminal Code, the ITE Law, the State Flag and Symbol Law and the Pornography Law. There is also a threat in the future if the Criminal Code Bill is passed because not only it will maintain articles that are often used to criminalise freedom of expression but it will also revive articles that have been revoked by the Constitutional Court. Apart from the legal substance that limits freedom of expression online, there are also problems in the application of the law. The application of treason and the ITE Law against Papuan activists and the application hate speech against human rights activists are some examples. The article on hate speech, which should be a tool to protect minority and vulnerable groups, is instead used to attack activists because law enforcement officials interpret all kinds of criticism or dislike as hate speech. Attacks on freedom of expression in Indonesia are increasingly diverse. Initially, attacks on freedom of expression online were generally related to slander, defamation and blasphemy but now it has expanded to treason articles, hate speech and spreading fake news. It is made worse by the presence of doxing, buzzing, bullying, hacking, blocking and shutting down the internet in a certain area." (Summary and conclusion, page 25-26)
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"I. Regional countries spend about 1.1 percent of GDP on digital investment, while advanced economies spend an average of 3.2 percent
II. 37% of social media users in the region have contributed to the creation of news, commented on it or shared it with others.
III. There is an upward trend in arres
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ts and detentions after political related publications on social media.
IV. Notable regional trend in political parties and governments gaging members on social media.
V. Social media interruptions through internet disruption are now common in the region.
VI. Citizen journalism through social media is on the rise in the region.
VII. There is significant growing employment of social media surveillance which threatens to squeeze the space for freedom of expression and access to information, including civic activism on social media.
VIII. Increasing presence of social media within political campaigns and electoral processes across the region.
IX. Significant rise in organized social media manipulation through cyber troops within the region.
X. Substantial use of social media to ‘break’ news by traditional media houses.
XI. Increase in social media surveillance in the region.
XII. Internet penetration in 2019 averaged 39.6 percent in region compared to 62.7 percent in the rest of the world, affecting social media usage.
XIII. Region has some of the highest total cost of mobile ownership in the world ranging from 10% to 68% of average income and also has highest cost of internet; limiting social media usage.
XIV. Africa remains the only continent whose digital gender gap has widened since 2013." (Key highlights, page 5)
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"Internet shutdowns are on the rise. In the past few years, an escalation of this blunt censoring practice has affected different regions of the world, particularly Africa and Asia. Scholars and advocates have proposed no substantive solutions to effectively address Internet shutdowns, and analysis
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has largely been limited to examining the negative effects through data about their frequency, duration, and economic costs. This article attempts to move beyond the polarized debate between “keep it on” and “shut it off” to explore how there can be more transparency around decision-making processes behind Internet shutdowns. We also discuss the limits of law when it comes to the imposition and implementation of shutdowns. Shutdowns tend to be imposed somewhat arbitrarily with little process. Bringing back legal arguments into the exploration of the justifications around shutdowns may make the use of shutdowns less frequent and more limited, when they do occur." (Abstract)
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"Paul Nemitz und Matthias Pfeffer zeigen eindrücklich, wie die derzeitigen Versuche ethischer Regulierung von Künstlicher Intelligenz zu kurz greifen. Nemitz ist Mitglied der Datenethikkommission der Bundesregierung und war massgeblich verantwortlich für die Einführung der EU-Datenschutzgrundver
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ordnung. Pfeffer beschäftigt sich als freier TV-Journalist und Produzent mit dem Thema Künstliche Intelligenz. Die Autoren bieten eine genaue Analyse und legen dabei den Schwerpunkt auf die Rolle der Öffentlichkeit und die Gefährdung des Journalismus in digitalen Zeiten. Sie fordern die strikte Regulierung Künstlicher Intelligenz und eine Neubesinnung auf das Prinzip Mensch, das gegen das Prinzip Maschine verteidigt werden muss. Ihr Buch schließt mit klaren Handlungsempfehlungen an Politik, Zivilgesellschaft und insbesondere an die technische Intelligenz." (Verlagsbeschreibung)
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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 report documents the threats to civil society in the digital age by examining the legislative and regulatory framework in four countries in Africa: Egypt, Sierra Leone, Uganda and Zambia. These countries were selected from the four main geographic regions of Africa, in order to provide a sense
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of the state of civic engagement in the digital age across the continent. The case studies are clearly not representative of what is happening on the continent, but are illustrative of some prominent trends. The recommendations emanating from the research call for the states to revise and repeal identified restrictive laws and align them with international standards. Civil society organisations and human rights activists are also encouraged to enhance their individual and organizational digital knowledge and expertise to more robust counter disruptive state measures. This expertise should be enhanced through a human rights lens and should extend to other stakeholders including judicial officers, legislators, law enforcement and the general public through sustained multi-stakeholder engagement." (Executive summary, pages 7-8)
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"Artificial intelligence (AI) has become an increasingly important tool for shaping and arbitrating online information. It is increasingly, and often invisibly, used by both public authorities and private companies, and greatly impacts the way people seek, receive, impart and access information. Cou
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pled with its ability to identify, surveil and track people, AI can seriously impede on the right to freedom of expression. This #SAIFE Paper puts a spotlight on AI and freedom of expression, and provides guidance and preliminary recommendations on how to effectively safeguard free speech when AI is deployed." (Back cover)
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"Social media has, in a few years, turned the political landscape in Ethiopia on its head not only as a means of mobilising people, but also as a means of spreading rumours, hate speech and disinformation [...] What ultimately is happening is that digital media has made a more invasive, ultimately p
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ersonalised form of marketing possible, which is changing political and commercial communication as a whole and with it the media landscape [...] A number of core problem areas for social media emanate out of the digital technology shift and the emergence of social media that stakeholders need to deal with now and in the future. Among them are: Broadening access to the internet; Regulation: publishing responsibility, freedom of speech and democracy; Consumer protection: data privacy, disclosure of platform data handling and advertising; Copyright of inventions and content; Overall media finance when advertising revenues are migrating to primarily Facebook and Google (incl Youtube); Media literacy in the light of hate speech, disinformation and a completely new range of disruptive, conniving marketing that with it carries both great opportunities and massive losses." (Introduction)
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"This paper analyses the potential impact of social media on the conduct and outcome of elections both to strengthen political participation and knowledge sharing as well as the more harmful effects. It looks at the various harms particularly those relevant in the context of Latin America. It docume
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nts the more systematic approaches to election regulation of political parties and social media. It recommends adopting a hybrid system of co-regulation, where the regulator sets the outcomes but does not seek to impose detailed prescriptive requirements on companies (which would probably be beyond its technical expertise). While recognising the value of social media during an election as a way of empowering voters, it suggests the regulator develops a high-level code of practice for social media companies, to be drawn up in consultation with the companies themselves, the political parties and the wider public. The code of practice also should protect freedom of speech and the paper recommends that there be no attempt to impose controls on the consent of election communication which is protected under international human rights and free expression principles." (Executive summary)
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"Since 2013, Bangladesh authorities have used draconian provisions in the Information and Communication Technology Act (ICT Act) to arrest scores of people for political and social commentary critical of the current Awami League government or its leaders. Those targeted have also included journalist
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s and editors arrested for articles critical of government officials or for writing about corruption or maladministration, as well as numerous individuals arrested for allegedly offending religious sentiment or for defamation. 'No Place for Criticism' details dozens of cases since authorities amended the act in 2013 to add harsher penalties and allow the police to make arrests without warrant. Since the Cyber Tribunal was established in 2013, the police submitted 1271 charge sheets to the Cyber Tribunal in Dhaka, most of them under section 57 of the act, a particularly sweeping provision. Many detainees have been held for months without trial. A significant number of those arrested are linked to Bangladesh opposition parties and were detained following complaints to the police by members of the governing Awami League. The government has pledged to replace the ICT Act with a new law, the Digital Security Act, a draft of which is now being considered by parliament. However, the proposed new law in some respects is broader and more open to abuse than the law it seeks to replace, and it continues to violate Bangladesh’s international obligation to protect freedom of speech." (Back cover)
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"Facebook commissioned BSR to undertake a human rights impact assessment (HRIA) of the company’s presence in Myanmar. BSR undertook this HRIA between May and September 2018, using a methodology based on the UN Guiding Principles on Business and Human Rights (UNGPs). This assessment identifies and
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prioritizes actual and potential human rights impacts, reaches conclusions about those impacts, and makes recommendations for their mitigation and management. This HRIA was funded by Facebook, though BSR retained editorial control over its contents." (About this report, page 1)
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"This report maps the current landscape in respect of digital rights and online freedom of expression in East, West and Southern Africa. It looks at the trends regarding law and policy developments, as well as recent litigation, within these regions. The report focuses on 18 countries – 6 per regi
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on – and tracks the recent developments that have taken place in these countries. Part I of the report provides an overview of the litigation before the ACHPR and the African Court on Human and Peoples’ Rights (African Court) in respect of freedom of expression. Parts II, III and IV of the report look at the trends generally in East, West and Southern Africa respectively, as well as some of the key legal and civil society actors working on digital rights and online freedom of expression, and include a snapshot of some of the notable developments – both positive and negative – that have occurred in the 18 countries under consideration in this report, as well as reflections on opportunities and challenges for vindicating digital rights within each of the countries. Lastly, Part V considers what the next possible opportunities will be for digital rights and online freedom of expression litigation in the region." (Pages 5-6)
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