Abstract
<span>Many East African states have developed restrictive legal and policy measures regarding the use of the internet. This has resulted in the declining state of media freedom and safety of journalists. This article addresses freedom of expression as a pre-condition for safeguarding journalists in selected East African countries of Tanzania and Burundi. It highlights notable cases, where the regional court has emphasized the importance of press freedom as a precursor for democracy. It concludes that the relevant regional legal framework offers adequate protection for the safety of journalists. However, countries have not fully implemented their obligations. In particular, press and cyber laws create a chilling effect on the treatment of journalists. The article contributes to a broader interrogation of how discourses about the safety of journalists are constructed and applied in the context of growing online activity.</span>
Highlights
Sub-Saharan Africa is the fastest-growing region in terms of mobile uptake, according to analysts, and was projected it would have 500 million cellphone subscribers by 2020.1 In addition, increasing access to the internet has spurred technological adaptation amongst consumers
The African Court affirmed that the ACDEG is a binding human rights instrument, in a case relating to the legality of Ivorian electoral laws.[51]
The section discusses two notable East African Court of Justice (EACJ) decisions that apply the theory of freedom of expression as a precursor for democracy, enumerated under the normative framework, for securing the safety of journalists
Summary
Sub-Saharan Africa is the fastest-growing region in terms of mobile uptake, according to analysts, and was projected it would have 500 million cellphone subscribers by 2020.1 In addition, increasing access to the internet has spurred technological adaptation amongst consumers. The African Charter on Democracy, Elections and Governance (ACDEG), which advances freedom of expression, states that, in order to advance political, economic and social governance, state parties shall commit themselves to “development and utilisation of information and communication technologies, promoting freedom of expression”, in particular freedom of the press and fostering a professional media.[50] The African Court affirmed that the ACDEG is a binding human rights instrument, in a case relating to the legality of Ivorian electoral laws.[51] Even though this decision did not involve freedom of expression, it is seen as an important development for the democratic governance and the rule of law in Africa.[52] The ACDEG is relevant to journalists, because the threats to their safety are more prevalent during periods of electoral activity and political contestation.[53] As of mid-2019, besides Tanzania, all other East African countries had signed the ACDEG.[54] ibid para 165. The section discusses two notable EACJ decisions that apply the theory of freedom of expression as a precursor for democracy, enumerated under the normative framework, for securing the safety of journalists
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