…as Lesotho government resuscitate suppressive cybersecurity law formulation
By Matiisetso Mosala
The emergence of the Computer Crime and Cybersecurity Bill 2021 in Lesotho highlighted how collaborations, synergies and advocacy support from civil society organizations and human rights defenders can promote and protect media freedom and the safety of journalists.
Synergies and advocacy for media rights from stakeholders concerning the cyber security bill 2021 promote the favorability of factual reporting that promotes media freedom, accountability, and public awareness.
As the fourth estate, the media is expected to gather, produce, and publish information that is not only factual but is in the public interest and holds those in power accountable.
Much of this fourth estate duty is hinged on the existence of a media climate that promotes freedom, without fear of reprisals, intimidation, or threat of hefty fines and imprisonment. But in its current form, Lesotho government’s draft law on cyber security reverses these freedoms and embodies repression.
Amnesty International and the Media Institute of Southern Africa regional has noted how authorities across Southern Africa escalated their attacks against journalists and press freedom across the region to suppress reporting on corruption and human rights violations throughout the year 2022.
This year after much fighting for the cyber security bill 2021 to be reviewed to extricate sections that sort to reverse many gains on media freedom in Lesotho, Prime Minister Samuel Matekane’s administration has inherited a responsibility to pass the bill into law.
Initially then Communications Minister Samuel Rapapa acting on the behest of much pressure from a united protest by media advocacy and civil society organisations against the passing of the law, ended withdrawing the draft law from the floor of parliament when it was just waiting to be taken for royal assent.
Rapapa marching orders were to rework the computer crime and cyber security bill for it to be representative of the interests of both the state, the public and media freedom. But, with the October 2022 elections ushering in a new administration, the baton to rework the computer crime and cyber security bill to conform to democratic principles was inherited by Prime Minister Matekane’s government.
Few months into office, as Matekane’s Ministers moved to revive bills that had collapsed as parliament was dissolved to make way for a fresh election, the cyber security bill 2021 resurfaced.
A notice for a motion on 8 May, 2023 by Rapapa’s successor in the Communications Ministry, Minister Nthati Moorosi meant to revive the bill to a stage it had reached in parliament before its dissolution was brough to parliament.
As the bill was awaiting Royal Assent when it was withdrawn by Rapapa in the 10th Parliament for it to be reworked but was never finalised owing to dissolution of parliament to make way for elections, it became part of business the Matekane government inherited.
But it is through concerted efforts and synergy of the MNN Centre for Investigative Journalism (MNN), Media Institute of Southern Africa Lesotho Chapter (MISA Lesotho), the Development for Peace Education (DPE) and the Transformation Resource Centre (TRC), that Minister Moorosi was persuaded to stand in parliament on May 22 to defer the passing of the bill’s revival motion to “allow for further consultations with stakeholders” to an unspecified date.
Not only were the efforts of the civil society organisation and media freedom advocacy organisation but also some Members of Parliament and other democracy activist’s efforts that informed the Minister’s honourable action that has given more time for the computer crime and cyber security draft law to be tamed to fall within ambits of a good governance and democracy.
MNN’s Billy Ntaote said the bill is much needed law in a time when life has moved online but it must not be passed into law without proper due diligence being taken to shield media freedom from being curtailed in favour of tyranny promoting sections of the bill.
“Our job is civic duty meant to enlighten the public and hold those in power accountable. But that would not be easy if the bill is allowed to be passed into law under the auspices of stopping computer crimes and cyber security as many of our whistle-blowers would be at risk.
“States and or their functionaries tend to work in secrecy even when they can promote transparency, so if the law passes as is, anytime a journalist or media house’s computer, computer systems or information systems or emails would be perused by security agencies for any reasons that despotic officials may have all in the names of alleged national security. As we know it, media freedom and freedom of expression would have been thrown out the window in favour of repression and no one would be safe” said Ntaote.
Ntaote added there is a dire need for all stakeholders in the civic space to join hands and help Lesotho formulate a progressive computer crime and cyber security law that leave room for freedom of media and expression.
MISA Lesotho’s National Director Lekhetho Ntsukunyane said the media’s approach is key to garnering support, indicating that it is only when the sector is unified on the cyber security Bill that other stakeholders see the need to rally behind the media and support its review.
“Advocacy is not easy, it is not just about making noise but more about lobbying, subtle diplomacy, and boardroom diplomacy. It means going door to door with the advocacy with the issue at hand.
“MISA is trying to unify media practitioners because it starts with us. We need to get to a point where we have a functional a union of journalists to better advance journalism advocacy efforts,” Ntsukunyane said.
He added threats to media freedom need to be approached with due diligence.
Sky Alpha HD’s Station Director Kabelo Mollo said key to advocating against cyber security laws that threaten media freedom is shining light on the bill’s sections that curtail freedom of expression and media.
He echoed sentiments about collaborations between civil society, development partners and media fraternity and work to see the draft law aligns with international best practices.
“The bill needs to be sufficiently liberal, not be packaged in a way that suggests it’s the state against the media, and society” Mollo said.
Mollo said media economics very complex due to lack of resources, especially because the government is the biggest advertiser.
He said unity among media fraternity member is not easy as the economic challenges have made media stables and journalists susceptible to kowtowing towards anyone who promises funding to keep afloat.
“We need to find ways to improve media economics in order to collaborate and fight the good fight” said Mollo.
TRC was instrumental in leading the advocacy campaign against the enactment of a computer crime and cyber security bill that promotes tyranny.
Rapapa’s withdrawal of the bill from parliament was after TRC gathered organizations within civil space and media freedom advocacy organisations to interrogate the bill and make presentations before parliamentary committees.
And now, as the bill threatened to rear its ugly head again TRC’s public interest litigation and human rights officer Advocate Mokitimi Tšosane speaking at the African Commission on Human and People’s Rights (ACHPR) in Banjul urged the commission to encourage Matekane’s administration to promote freedom of expression and media.
This Mokitimi said is key as media play a key role at promoting sustainable growth and regional integration at a time Africa is marching towards Africa Free Trade.
Mokitimi said this could be achieved through reworking the Bill, considering all comments received from all stakeholders including the media, public and private sector, and information security practitioners in line with section 20(a) of the constitution.
Furthermore, he said the government needed to be encouraged to “ensure that the cybersecurity regulation is informed by the revised principles of the ACHPR Declaration on Freedom of Expression and Access to Information which recognises the internet as a right. It is also important to ensure that the Cyber Bill complies with the African Union Convention on Cyber Security and Personal Data Protection (Malabo Convention)”.
The Post Newspaper’s Nkheli Liphoto said stakeholders such as civil society organisations play a pivotal role in sensitizing public and policy makers on the role the media plays in society.
He said when there is a general understanding of the work journalists do, legislations that threatens media freedom can be managed.
Liphoto said media houses also need empowerment to ensure that they are in the position to protect their journalists when they are intimidated, victimised or face reprisals.
“The media fraternity also needs to unite; we can’t work individually because that weakens us and our efforts,” Liphoto said.
Liphoto noted need for Editors Forum of Lesotho to be resuscitated and function like a bulwark for democracy like South African National Editors’ Forum (SANEF).
Frederico Links, a Namibian journalist, researcher, and free expression advocate said to make meaningful impact, regional alliances and networks need to be built to amplify to regional, continental, and international level the voices and concerns of under-threat members in their countries.
“At the moment CSO and media freedom advocates operate largely within their national silos, and even though there have been and continue to be attempts to create regional alliances and networks, these have not yet translated to meaningful regional communities of action”, Links stated.
He said focus should on good cyber security laws and regulatory mechanisms, but that it is happening in greater or lesser degrees in all countries across the region.
“This is especially evident in the cyber law proposals in countries at the tipping point, such as Lesotho, where a framework is being proposed which threatens media freedom and free expression, and ultimately the entrenching of a human rights respecting democratic order. The trend in the region is not a positive one” Links said.
In November 2022, the Namibia Media Trust issued a statement on the International Day to End Impunity for Crimes against journalists, highlighting among others how cybercrime legislation which should ideally protect citizens and journalists alike is in fact weaponized and used to arrest critics, activists and human rights defenders.
It particularly noted that “…there has been a marked increase in digital threats in the last decade that requires decisive action by media, houses, media development organizations globally and governments”.
