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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