3 EMPOWERING ONLINE VOICES: A CYRILLA POLICY BRIEF ON FREEDOM OF EXPRESSION IN SUB-SAHARAN AFRICA Emerging issues regarding the freedom of expression The evolution of technology and the internet presents new challenges for legal frameworks governing freedom of expression. Issues such as online hate speech, technology-facilitated genderbased violence and disinformation have raised questions about the boundaries of free speech in digital spaces. Policymakers and legal experts must navigate these complexities to develop regulations that address harmful online content while upholding the interconnected nature of online and offline violence against women and girls, stressing the continuum of harm facilitated by information and communication technology.29 In the Colombian case of Dávila versus National Electoral Council30, the Constitutional Court recognised systemic online violence against women journalists and ordered measures to combat it despite partially rejecting a petition for not notifying authorities.31 This landmark judgement mandates ethical guidelines for political parties, protective procedures, and legislation to address sexist digital violence with regards to approaching the freedom of expression.32 the principles of free expression. 3.1 Technology-Facilitated Gender-Based Violence (TFGBV) A comprehensive analysis of online violence against women and girls in the Commonwealth Africa Region reveals a multifaceted challenge intertwined with fundamental rights such as freedom of expression and online speech.26 This study highlights the prevalence of cyberbullying, harassment, and online hate speech targeting women and girls across various African countries, including those in SubSaharan Africa.27 While legislative efforts exist, gaps remain in defining perpetrators as either primary or secondary in nature and effectively addressing online violence.28 Moreover, the study emphasises Constitutional safeguards and ongoing efforts to develop cybersecurity legislation to mitigate against TFGBV in certain African countries, such as Nigeria, Zimbabwe and Tanzania, highlight the multi-faceted approach required to address Bridget A. Harris and L. Vitis. ‘Digital intrusions: technology, spatiality and violence against women,’ 4 (2020): 325-341. https://doi.org/10.133 2/239868020x15986402363663 Accessed 9 April 2024. 30 Dávila v National Electoral Council, Constitutional Court of the Republic of Columbia, 2023 <https://globalfreedomofexpression.columbia. edu/wp-content/uploads/2023/12/T-087-23-PDF.pdf > accessed on 12 June 2024. 31 CYRILLA, ‘ Dávila v National Electoral Council,’ https://cyrilla.org/en/ entity/37iqnftuwqj Accessed 11 April 2024. 32 Dávila v National Electoral Council, Constitutional Court of the Republic of Columbia, 28 March 2023< https://globalfreedomofexpression. columbia.edu/cases/victoria-eugenia-davila-and-others-vs-the-national-electoral-council/> Accessed on 12 June 2012. 29 Commonwealth Secretariat, ‘Addressing Online Violence Against Women and Girls in the Commonwealth Africa Region:The Role of Bystanders’ (2023). https://doi.org/10.14217/comsec.1099 Accessed 10 April 2024. 27 Uganda, Tanzania, Kenya, Nigeria, Rwanda, Ghana, Zambia, Sierra Leone, Mauritius, Malawi, Cameroon, Seychelles, South Africa, Botswana, Eswatini, Lesotho, Namibia, Mozambique, and The Gambia. 28 Commonwealth Secretariat, ‘Addressing Online Violence Against Women and Girls in the Commonwealth Africa Region:The Role of Bystanders’ page 3, (2023). https://doi.org/10.14217/comsec.1099 Accessed 9 April 2024. 26 9

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