IGF 2018 WS #58 How Much Regulation is Legitimate in the Online Space?

Internet Freedom: How Much Regulation is Legitimate in the Online Space?

The proliferation of Internet enabling devices and the penetration of Internet access in several countries across the globe has provoked the debate as to whether and to what extent the Internet should be regulated. Increasingly, journalists, human rights defenders, business tycoons, market women, farmers and a wide range of professionals are harnessing the power of the Internet to promote their work. Online platforms such as Websites, Blogs, Facebook, Twitter, WhatsApp, Instagram have made it possible for everyone, even marginalised groups, to add their voices to discourse on national issues. These online platforms have become indispensable in promoting people’s opinions, ideas or products.

Nonetheless, just like any medium, Internet use comes with emerging threats like cybercrime and fraud, spread of fake news and abuse of the rights of others such as hate speech, cyber bullying and revenge pornography. This has resulted in increased calls for the Internet to be regulated. Some however argue that it will be difficult to establish the right balance between genuine regulation and repression.

The concern that regulation may be used as a pretext to suppress Internet freedom is already being underlined by the actions of some governments in Africa and across the world. Governments have introduced new laws and/or are applying existing repressive laws to harass, threaten or even imprison dissenting voices all in the name of nipping the threats the Internet presents in the bud. Citing the spread of fake news, pornographic content, cybercrime, Tanzania, Uganda and Kenya for example, have recently been in the news for adopting laws that seek to regulate and check online activities of citizens. Sections of these laws have been widely criticised as repressive and targeting.

Indeed, state and non-state actors have a responsibility to ensure a safe and secure cyber environment for their citizenry at all times. But this becomes problematic when measures intended to mitigate the above mentioned threats end up limiting Internet freedoms of citizens.

The purpose of this session is therefore to discuss how stakeholders can work together to tackle the threats in the cyber space while ensuring that the Internet is free, open and accessible for all. How can we effectively regulate the internet while ensuring that the rights of citizens are equally protected? Is Multistakeholderism an effective approach towards addressing the emerging trends and challenges identified in the cyber space? How can governments and CSOs work together to ensure that internet laws and policies are progressive, favourable to freedom of expression and protective of personal privacy and security? How can CSOs in Africa strategise and collaborate to vigorously advocate and promote Internet freedom in Africa - access, openness, diversity, equality, development, freedom, security, privacy. Are there lessons we can learn and share from the continent?

Format:

There will be a panel discussion after which the floor will be opened for contribution from participants. Special invitees from the security and law making sectors will be invited to share their views on the topic in question and how to collaborate with other stakeholders. Virtual participants will also have the opportunity to ask questions and contribute to the discussion. A communiqué with concrete recommendations will be issued at the end of the session and widely publicized. The session is opened all in the internet ecosystem.