In Cameroon, Section 78(1) of Law 2010/012 of
December 21, 2010 on Cybersecurity and Cybercrime
criminalizes the use of electronic communications
to “publish or propagate a piece of information
without being able to attest its veracity or prove
that the said piece of information was true.” On the
other hand, Section 24(b) of Nigeria’s Cybercrimes
(Prohibition, Prevention, etc) Act of 2015 makes
it a criminal offense to knowingly or intentionally
publish a message online, or to cause such a
message to be sent, when the individual knows the
message “to be false, for the purpose of causing
annoyance, inconvenience, danger, obstruction,
insult, injury, criminal intimidation, enmity, hatred, ill
will or needless anxiety to another.” This is also the
only law which vaguely makes reference to some
form of malinformation—the deliberate alteration of
online content or information for personal gain, for
example revenge porn or doxing.
When talking about cybercrime in general,
Sections 22 and 23 of Kenya’s Computer Misuse
and Cybercrimes Act 5 of 2018 criminalize
“false publications” and the “publication of false
information.” Section 22 prohibits individuals
from intentionally publishing false, misleading,
or fictitious data, with the intent that the data be
considered or acted upon as authentic. Section 23
prohibits individuals from knowingly publishing—
in print, through a broadcast, or over a computer
system—false information which “is calculated or
results in panic, chaos, or violence among citizens
of the Republic, or which is likely to discredit the
reputation of a person.” On the other hand, Article
25 of Togo’s cybercrime law (Loi 2018-026 sur la
cybersecurity et la lutte contre la cybercriminalité)
outlaws the electronic dissemination of false
information which would make it appear that the
destruction of property or harm to another person
has been (or will be) committed, or regarding an
emergency situation.
INSULT LAWS
A debatable paradigm of the legal response to misand disinformation is the use of colonially inherited
“insult laws.” Post-independence governments
have continued to enforce these laws, despite
the Resolution on Repealing Criminal Defamation
Laws in Africa of the African Commission on
Human and People’s Rights (ACHPR 2010). Insult
laws were enacted for the specific purpose of
criminalizing any insults directed at public officials.
Therefore, while these laws are related to mis- or
disinformation laws in that the central concern is
limiting freedom of speech and expression, for the
I N FO R M ATI O N D I SO R D ER IN THE GLOBA L SOUTH
purposes of this study, we did not focus on them,
because of their subjective nature. For example,
calling a president a fool is not necessarily a false
statement. The veracity of such a statement cannot
be ascertained objectively. The offensive nature of
such a statement is evident, but the veracity is not.
For example, In Zimbabwe, Article 33 of the
Criminal Law (Codification and Reform) Act (Chapter 9:23) states that anyone found guilty of undermining the authority of or insulting the president
will face a fine and/or one year
in prison. In Rwanda, Law No.
In the absence of guidelines
22/2009 on Media also outlaws
on what constitutes contempt
any expression of contempt for the
for the head of state or the
head of state and specifies a prisundermining of authority,
on sentence of three months and/
subjective opinions about
or a fine for anyone found guilty. In
the absence of guidelines on what
authority figures can be labelled
constitutes contempt for the head
both false and offensive.
of state or the undermining of authority, subjective opinions about
authority figures can be labelled both false and offensive. In this sense, this study did not delve deeper into insult laws; nonetheless, we recognize that
they may be used in conjunction with other laws
directly relating to mis- and disinformation.
6.2 CASE STUDIES:
THE APPLICATION OF
LEGISLATION TO ADDRESS
INFORMATION DISORDER
As has been highlighted earlier in the report, most
sub-Saharan African countries do not explicitly
legislate against information disorder (i.e. in terms
of mis- and disinformation). Bar Ethiopia, most
countries rely on secondary legislative provisions
to cater for mis- and disinformation, predominantly
through press freedom and cybercrime laws.
Therefore, when it comes to law enforcement
case studies, the majority of case studies concern
journalists and, as of late, false information related
to the Covid-19 pandemic. Some of these cases
are hard to find, as they have been dismissed for
lacking substance. However, sites such as www.
disinformationtracker.org have assisted us to
identify instances in which legislation has been
applied. Some examples are discussed in the
subsections that follow.
ETHIOPIA: YASEYEW SHIMELIS
In April 2020, journalist Yaseyew Shimelis was
arrested and charged for violating the Hate Speech
and Disinformation Prevention and Suppression
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