2 EMPOWERING ONLINE VOICES: A CYRILLA POLICY BRIEF ON FREEDOM OF EXPRESSION IN SUB-SAHARAN AFRICA An Assessment of Selected African Perspectives on the Freedom of Expression Online In examining the legal frameworks concerning freedom of expression in digital spaces across Africa, it is evident that different nations have implemented laws that impact the democratic process and human rights. Some laws advance and/ or promote the enjoyment of freedom of expression, while others are restrictive. One notable example is Ethiopia, where provisions such as Article 25 of the Mass Media and Access to Information Proclamation No. 590/200811 and Article 14 of the Anti-Terrorism Proclamation No.652/200912 have enabled strict control over the internet.13 These legal provisions empower authorities in Ethiopia to engage in internet filtering, content blocking, and surveillance, leading to the prosecution of bloggers and journalists for their online writings.14 Ethiopia’s control over the internet is seen in the reported use of deep packet inspection (DPI) by Ethio Telecom, the only telecommunications provider in the country at the time, to block access to services like The Onion Router (TOR) Network, an open-source internet anonymizer.15 This technological measure, combined with legal provisions that mandate internet cafe owners to report anti-government content, underscores the government’s comprehensive approach to monitoring and controlling online activities. Additionally, Ethiopia’s introduction of the Hate Speech and Disinformation Prevention and Suppression Proclamation No. 1185/2020 in 202016, which imposes fines and jail terms for spreading hate speech online, further demonstrates the government’s efforts to regulate online discourse and limit freedom of expression online.17 The legal framework in Ethiopia, coupled with technological surveillance measures, has had a chilling effect on online freedom of expression and access to information.18 In Malawi, the Communications Regulatory Authority (MACRA) has wielded its regulatory powers to ban Electoral Institute For Sustainable Democracy in Africa, ‘Digital Censorship and Africa’s Democratic Future,’ https://www.eisa.org/wp-content/uploads/2023/05/policy-brief-2022-gipps-digital-censorship-africas-democratic-future-eisa.pdf Accessed 26 April 2024.See Also Runa, ‘Ethiopia Introduces Deep Packet Inspection’ Tor Blog 31 May 2012 <https://blog.torproject.org/ethiopia-introduces-deep-packet-inspection/ > Accessed on 12 June 2024. 16 Hate Speech and Disinformation Prevention and Suppression Proclamation No. 1185/2020 in 2020 17 A. Degol and Bebizuh Mulugeta. ‘Freedom of Expression and Hate Speech in Ethiopia: Observations (Amharic).’ Mizan Law Review (2021). https://doi.org/10.4314/mlr.v15i1.7 Accessed 30 April 2024. 18 Steven Feldstein. “Transformation and Setbacks in Ethiopia.” (2021): 177-211. https://doi.org/10.1093/OSO/9780190057497.003.0006 Accessed 30 April 2024. 15 Mass Media and Access to Information Proclamation No. 590/2008, Ethiopia. 12 Anti-Terrorism Proclamation No.652/2009, Ethiopia. 13 Temelso Gashaw Getahun. ‘Countering online hate speech through legislative measures: The Ethiopian approach from a comparative perspective.’ The Communication Review, 26 (2023): 253 - 276. https://doi. org/10.1080/10714421.2023.2177487 Accessed 23 April 2024. 14 Human Rights Watch, ‘Ethiopia: Free Zone 9 Bloggers, Journalists’ Human Rights Watch, 23 April 2015 https://www.hrw.org/ news/2015/04/23/ethiopia-free-zone-9-bloggers-journalists Accessed on 12 June 2024. 11 7