Introduction

As usage of the internet and social media has increased rapidly in recent years, so too have efforts by states to control the spread of certain forms of speech online, whether legitimate or otherwise. This has resulted in a growing trend of criminalising some forms of online speech. Many states have attempted to justify this as a response to threats of hate speech, national security, the mushrooming of cybercrimes, and the proliferation of disinformation in the online realm. In many instances, however, this has led to overly broad regulation that stifles freedom of expression and access to information. While some of the online harms that prompt criminalisation are indeed genuine concerns and may warrant responses from states, there is an urgent need to ensure that states do not use these to justify restricting speech or controlling content.

This module provides an overview of the criminalisation of online speech. It looks at the applicable legal framework that guides what is permissible in terms of restrictions on the right to freedom of expression, and the relevant considerations for balancing competing rights. It sets out several common justifications for the criminalisation of speech, such as national security, counter-terrorism, and the preservation of public order, and evaluates some of the common forms of speech commonly criminalised in sub-Saharan Africa.