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Each theme contains useful resources for lawyers on freedom of expression, click below to get started.

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Freedom of expression

An overview of the multi-faceted right to freedom of expression and how it is protected under international law.

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Digital rights

Understanding digital rights is crucial to protecting human rights, as little of our lives today is immune from the forces of technology and the internet.

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Restricting Internet access & online content

An overview of the ways in which access to the internet and online content are restricted around the world.

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Defamation & reputation

An overview of freedom of expression issues in the law, including how defamation is treated in domestic and international law.

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Privacy, security & data protection

An overview of the right to privacy, data protection, and protecting freedom of expression in a digital world.

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Cybercrimes

Describes the different types of cybercrimes, tracks the trends, and evaluates how cybercrimes are dealt with in international law.

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Hate speech

An overview of hate speech and how it is dealt with both under domestic and international law.

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Censorship by private actors

An overview of the ways in which access to content and freedom of expression online are restricted by private actors.

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False news, misinformation & propaganda

An overview of false news, misinformation and propaganda, including causes and potential solutions..

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Litigating freedom of expression

An overview of the various rights and concepts which encompass digital rights.

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Andama v Director of Public Prosecution (2019)

The Nairobi High Court in Kenya ruled that a provision criminalising the publication of “obscene information in electronic form” was an unjustifiable limitation of the rights to freedom of expression and to a fair trial.

phonelink_lock Digital rights · local_police Cybercrimes · Africa · Kenya · Nov 2022

Okuta v Attorney General (2017)

The High Court of Kenya declared the offence of criminal defamation under section 194 of the Kenyan Penal Code to be unconstitutional.

phonelink_lock Digital rights · local_fire_department Defamation & reputation · Africa · Kenya · Nov 2022

Digital Rights Advocates: Interview with Kenyan Lawyer Mercy Mutemi

phonelink_lock Digital rights · Africa · Kenya · Aug 2020

Nubian Rights Forum and Others v The Hon. Attorney General and Others (2020)

The High Court in Kenya held that a new digital identity system could only be implemented subject to the improvement of the existing data protection laws.

local_police Cybercrimes · Africa · Kenya · Apr 2020

Media Defence Manual on Litigating Freedom of Expression Cases in East Africa

This manual is designed to assist lawyers representing journalists and bloggers at the regional level in East Africa. It therefore concentrates on setting out the processes and procedures for filing and arguing human rights cases before the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights and the East African Court of Justice.

gavel Litigating freedom of expression · Africa · Burundi · Kenya · Rwanda · Tanzania · Uganda · Apr 2019

Training Kenyan lawyers on online freedom of speech

local_police Cybercrimes · Africa · Kenya · Sep 2018

“The training has advanced our knowledge in an area that is lacking in East Africa at a time when these issues are most acute”

local_police Cybercrimes · Africa · Kenya · Rwanda · Tanzania · Uganda · Jan 2018

Andare v Attorney General of Kenya (2015)

The High Court of Kenya emphasised that the state has a duty to demonstrate that cybercrimes laws are permissible in a free and democratic society, to establish the relationship between the limitation and its purpose, and to show that there were no less restrictive means to achieve the purpose intended.

local_police Cybercrimes · Africa · Kenya · Apr 2015

Democratic Party v Secretary-General and the Attorneys General of the Republic of Uganda, Kenya, Rwanda and Burundi (2014)

The East African Court of Justice confirmed that once an applicant has shown an alleged violation of the EAC Treaty, the court must exercise its jurisdiction i.e., it does not have voluntary jurisdiction.

gavel Litigating freedom of expression · Africa · Burundi · Kenya · Rwanda · Uganda · Apr 2014