Module 6: Litigating Digital Rights Cases in Africa
The value and ability of litigation to change a systemic issue can be profound. Even though litigation can be a protracted and costly process, it can contribute, in a meaningful way, to the evolution of legal frameworks that truly ensure that human rights are respected, protected and promoted. Strategic litigation is increasingly being used as a tool to advance freedom of expression and digital rights. However, given the somewhat overwhelming contemporary challenges to human rights online, there is a need for the increased utilisation of strategic litigation to hold both state and non-state actors accountable. The ever-evolving digital rights environment means that lawyers, activists and civil society need to be collaborating and litigating strategically in order to be effective in ensuring the rights such as privacy, access to information, freedom of expression, assembly and association are advanced.
This module seeks to give an overview of some of the basic principles involved in litigation, as well as an overview of litigating in various courts across the African continent. It concludes with some practical tips on establishing a litigation strategy.
This module should be read in conjunction with the: