Only 17 of the 24 countries reported have data protection legislation in place, and some have data protection bills in various stages of implementation.
Access to digital technology in Africa remains a significant challenge, particularly for people with disabilities and underserved communities, according to a Paradigm Initiative report on the state of digital rights and inclusion on the continent.
The Paradigm Initiative’s 2022 Digital Rights and Inclusion Report Londa is a pan-African organisation that connects underserved young Africans with digital opportunities and ensures their rights are protected.
The report stated that women and girls’ access to digital opportunities in Africa, including information and communication technology (ICT) education, needs to be improved. According to the report, despite government efforts to bridge the digital divide and build digital economies, men continue to outperform women in a variety of indices ranging from adoption and use of ICT tools to employment opportunities.
“Despite progress in closing the gender gap, men continue to outperform women in a variety of indices ranging from adoption and use of ICT tools to employment opportunities.”
“The imposition of prohibitive levies and taxes, which emerged as a common theme during the period under review, further hampered general access, as seen in Ghana, Malawi, and Uganda, amongst others,” according to the report. Ms. Jackie Okello, the author of the Kenyan report, stated that Kenya lacks a concrete law governing internet access.
However, she stated that the country has a broadband strategy that outlines the government’s plans for facilitating broadband access in areas where the internet is not available.
The report also condemns the imposition of prohibitive levies and taxes, which emerged as a common theme during the review period and further impeded general access, as seen in Ghana, Malawi, and Uganda.
The Universal Service Fund (USF) is mentioned in 22 of the 24 countries mentioned in the report: Zimbabwe, Zambia, Tunisia, Uganda, Togo, the Gambia, Tanzania, Sudan, Rwanda, Nigeria, Malawi, Kenya, Ethiopia, the Central African Republic, Benin, South Sudan, Namibia, and Botswana.
However, data on the amount of money raised, transparency, and impact vary greatly across the 22 countries. The Londa report also discusses data privacy and governance issues, as well as the lack of accountability and oversight mechanisms for digital identification systems.
Notably, Nigeria has made strides towards a more robust data protection framework by releasing a draught Data Protection Bill and revising the Nigeria Data Protection Regulation. In contrast, the newly introduced Ghana card and e-levy bill, like their continental counterparts, raise privacy concerns.
Only 17 of the 24 countries reported have data protection legislation in place, and some have data protection bills in various stages of implementation. While the Central African Republic lacks specific data legislation and must rely on provisions from existing bills, South Sudan lacks data legislation or a framework.
The Media Foundation for West Africa (MFWA) reported Ghana as the most repressive West African country in the first quarter of 2022, with 11 violations of press freedom recorded, followed by Nigeria with five violations; a concerning development for Ghana, which had a reasonably exemplary report in Londa 2021.
During the review period, the Nigerian government also blocked online content and social media platforms, ordering media organisations to stop using Twitter and threatening legal action against Nigerians who used circumvention techniques to access the service.
Angola had challenges with Internet freedom due to expensive Internet access, while Botswana took a pro-Internet freedom stance.
Malawi decriminalised sedition and related offences. London’s recommendations cover a range of stakeholders, including the private sector, civil society, governments, the media, and academia. By implementing these recommendations and working together, stakeholders can build a strong and sustainable digital environment in Africa where everyone can exercise their rights online.
The report notes that AI has the potential to accelerate socio-economic growth and aggravate existing inequalities. This highlights the need for rights-respecting AI frameworks across all sectors.
Frameworks and strategies must be well-intentioned, adequately safeguard human rights, accommodate emerging trends and issues, and be transparently implemented. This is important for a continent where frameworks can be an afterthought and legislation is often a knee jerk reaction.