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
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