"Freedom of Expression and the Digital Environment in Eastern Africa", 1 December 2020

As for freedom of expression, this report documents the use and misuse of problematic laws and policies and Internet disruptions by governments to address ‘misinformation’, ‘disinformation’, ‘hate speech’, and unrest, including those adopted due to the Covid-19 pandemic. These problematic laws and practices have been used to either intimidate, detain, summon, arrest, charge, or imprison 23 Internet and digital technology users for, amongst other things, allegedly publishing false Covid-19 information in Ethiopia, Kenya, Rwanda, Tanzania, and Uganda. Worryingly, governments have adopted laws and regulations that criminalise freedom of expression online, including through the introduction of licensing requirements for Internet users, including bloggers and citizen journalists. This is drastically impacting the ability of Internet users to freely express themselves online on the Covid-19 pandemic and on social and political issues, especially around elections and protests.

As for the accessibility and affordability of the Internet and digital technologies, this report notes that all six countries have commendably enacted legal frameworks for universal access and service mechanisms, which is indicative of governments' efforts to bridge the digital divide. However, the implementation of these commitments varies between and amongst all six countries. This is impacting connectivity expansion drives in rural, unserved, and underserved areas, and regional harmonisation efforts. It continues to affect specific groups more than others, including women, the young, the poor, the elderly, and persons with disabilities.

As for privacy and data protection, this report details the enactment of data protection laws in Kenya, Uganda, and Rwanda. However, these positive efforts are being overshadowed by the unchecked development and use of digital contact tracing applications and robotic technologies without sufficient safeguards. Rwanda, Tanzania, Ethiopia, Kenya, and Uganda have developed or deployed some of these technologies to varying degrees. Furthermore, one judicial decision in Tanzania is set to have a significant impact on digital anonymity, with far-reaching cross-jurisdictional implications.