the issue comprehensively.33 Closely related to this policy brief’s scope, there have been notable legislative efforts in Sub-Saharan Africa across 17 jurisdictions in Africa.34 By addressing legislative gaps, enhancing capacity-building initiatives, and fostering collaboration among stakeholders, countries such as Kenya, South Africa and Nigeria have created and can create an even safer and more inclusive online environment that upholds both freedom of expression and the rights of women and girls to live free from violence and discrimination.35 information recipient.38 Concerning the institutional responses during the COVID-19 pandemic, there was a broader erosion of civil and political rights, characterised by a shift towards prioritising security over freedom.39 Misinformation, disinformation and malinformation are intricately linked to freedom of expression and are exacerbated by digital platforms, notably social media, and their deception is weaponised by actors across ideological spectrums.40 Strategies to combat disinformation include online fact-checking agencies, yet their efficacy and independence raise concerns about their impact on freedom of expression.41 3.2 Social media and content regulation Social media has revolutionised activism by enabling global mobilisation and awareness on issues like human rights and climate change. Nonetheless, it also harbours negative consequences, such as the spread of misinformation and fostering environments conducive to violence and harassment. It also perpetuates echo chambers and amplifies harmful content, contributing to societal polarisation.36 Examining the dynamics of freedom of expression, it is prudent to canvass the influences of misinformation, disinformation and malinformation. The Canadian Centre for Cyber Security defines misinformation as forms of information that aims to harm another person while disinformation as the spread of information that not only harms but also manipulates an information recipient.37 On the other hand, malinformation refers to the willful extrapolation of an initially true account to the extent that it harms or deceives the A few selected cases highlight the interpretation of online freedom of expression in Sub-Saharan Africa. In the Nigerian case of Diana Ele Uloko versus Inspector General of Police,42 the applicant’s phone was destroyed by a police officer on October 11, 2020, while she recorded and posted about her sister’s arrest during a protest, claiming a violation of her freedom of expression.43 The case was dismissed for want of sufficient evidence. In doing so, the Court held that the Applicant had failed to adduce abundant and credible evidence.44 This judgement overlooked the critical role of mobile phones and social media in exercising the fundamental right to freedom of expression. The ECOWAS Court of Justice in The Registered Canadian Centre for Cyber Security (2024). How to identify misinformation, disinformation, and malinformation (ITSAP.00.300) <https:// www.cyber.gc.ca/en/guidance/how-identify-misinformation-disinformation-and-malinformation-itsap0030 > Accessed 30 July 2024. 39 Ruiz, L. (2023). Disinformation, Misinformation and Limits on Freedom of Expression During the Covid-19 Pandemic: A Critical Inquiry. The Age of Human Rights Journal. https://doi.org/10.17561/tahrj.v21.8149 Accessed 17 April 2024. 40 ibid 41 Otávio Vinhas and M. Bastos. ‘Fact-Checking Misinformation: Eight Notes on Consensus Reality.’ Journalism Studies, 23 (2022): 448 - 468. https://doi.org/10.1080/1461670X.2022.2031259. Accessed 23 May 2024. 42 Diana Ele Uloko v Inspector General of Police, page 10, The Federal High Court at Abuja (Nigeria). 43 CYRILLA, ‘Diana Ele Uloko v Inspector General of Police,’ https://cyrilla. org/en/entity/46i4bgz61y Accessed 25 April 2024. 44 n 40 38 See also Zenda C, ‘Hope for African women as more governments make laws to fight cyberbullying’ FairPlanet, 16 November 2019 <https://www. fairplanet.org/story/hope-for-african-women-as-more-governmentsmake-laws-to-fight-cyber-bullying/ > Accessed on 12 June 2024. 34 Achieng G, ‘A Ten-Point Strategy Towards Ending Technology-Facilitated Gender-Based Violence in Africa’ Tony Blair Institute, 7 March 2022. 35 Arojojoye P, ‘Why Africa must address cuberbullying’ November 2022 <https://www.ghanaweb.com/GhanaHomePage/features/Why-Africa-must-address-cyberbullying-1671560 > Accessed on 12 June 2024. 36 Siagian, R., Siahaan, L., & Hamzah, M. (2023). Human Rights in The Digital Era: Online Privacy, Freedom Of Speech, and Personal Data Protection. Journal of Digital Learning and Distance Education. https://doi. org/10.56778/jdlde.v2i4.149 Accessed 17 April 2024. 37 Canadian Centre for Cyber Security (2024). How to identify misinformation, disinformation, and malinformation (ITSAP.00.300) <https:// www.cyber.gc.ca/en/guidance/how-identify-misinformation-disinformation-and-malinformation-itsap0030 > Accessed 30 July 2024. 33 10