What Are Digital Rights?
Module 2: Introduction to Digital Rights
It is now firmly entrenched by both the African Commission on Human and Peoples’ Rights(1) (ACHPR) and the United Nations(2) (UN) that the same rights that people have offline must also be protected online, in particular the right to freedom of expression. As stipulated in article 19(2) of the International Covenant on Civil and Political Rights (ICCPR), the right to freedom of expression applies regardless of frontiers and through any media of one’s choice.
However, how established principles of freedom of expression should be applied to online content and communications is in many ways still being determined. For example:
- How to regulate content moderation without infringing on freedom of speech?
- How to balance the use of new technologies for security or surveillance without compromising civil liberties and the ability to dissent?
- How should states regulate the re-tweeting or resharing of hate speech?
- What about regulations for defamatory statements from anonymous or encrypted accounts? How should states ensure cybersecurity, particularly given the rise of artificial intelligence technologies (AI), without being overly oppressive?
These challenges are actively being grappled with by policymakers and courts around the world.
Examples of Digital Rights Issues
- The freedom to choose among information sources: The 2017 Report of the UNSR on FreeEx notes that in the digital age, the freedom to choose among information sources is meaningful only when internet content and applications of all kinds are transmitted without undue discrimination or interference by non-state actors, including providers.(3) This concept is known as network neutrality, the principle that all internet data should be treated equally without undue interference.(4) In Africa, there has been significant debate about ‘zero-rating’, a process in which a mobile operator does not count the usage of certain applications or websites towards a user’s monthly data allotment, rendering it ‘free.’(5)
- The right to privacy. Exercising privacy online is increasingly difficult in a world in which we leave a digital footprint with every action we take online. While data protection laws are on the rise across the world, including Africa, they are of widely varying degrees of comprehensiveness and effectiveness, as well as enforcement.(6) Government-driven mass surveillance is also on the rise as a result of the development of technology that enables the interception of communications in a variety of new ways, such as biometric data collection and facial recognition technology.(7)
- The use of AI to spread disinformation: The spreading of false, inaccurate or misleading information is one of the most significant threats to freedom of expression tools have become increasingly sophisticated and widely accessible, spurring an escalation of disinformation tactics.(8) On the other hand, AI can be extremely effective at identifying disinformation,(9) making its regulation complicated.
- Gendered disinformation: The UNSR on FreeEx has noted a concerning trend of journalists facing intensified smear campaigns, particularly evident on social media platforms.(10) She highlighted the insidious nature of gendered disinformation, which not only spreads falsehoods but also employs emotionally charged and culturally contextualized content to undermine the credibility and competence of women. These campaigns often resort to sexualization and attacks on the character, integrity, appearance, and intelligence of women journalists, aiming to discredit their reporting and deter them from their professional pursuits. In the African context, such campaigns frequently leverage anti-colonial narratives to undermine women’s rights activists and gender rights defenders, falsely associating them with opposition to the decolonial project and aligning them with Western forces.