{"title":"Assessing the limitations to freedom of expression on the internet in Ethiopia against the African Charter on Human and Peoples' Rights","authors":"Yohannes Eneyew Ayalew","doi":"10.17159/1996-2096/2020/v20n1a12","DOIUrl":null,"url":null,"abstract":"The right\n to freedom of expression is guaranteed under international law and in \nthe constitutions of most countries. The content of this right has \ndeveloped and recently has come to be thought of as including the \ninternet as a medium of communication, and the question is raised \nwhether access to the internet is protected under the current set of \nnormative principles. The right to freedom of expression is fully \nprotected under the African Charter on Human and Peoples’ Rights, to \nwhich Ethiopia is a party. The Ethiopian government restricts freedom of\n expression on the internet and has adopted extraneous limiting \nmeasures. Most of these measures are incompatable with the African \nCharter. Restrictions to freedom of expression on the internet include \ninternet shutdowns, hate speech and disinformation regulation, \nrepressive laws, and internet censorship. These limitations may \n(in)directly muzzle freedom of expression in Ethiopia.\nThe writer argues that \nillegitimate limitations of the right fall short of the quadruple tests \nof limitation measures, both under the African Charter and the Ethiopian\n Constitution. As a result, these limitations violate individuals’ \nfreedom of expression on the internet. Finally, the article suggests \nthat the Ethiopian government should draw guidance from the African \nCommission’s 2019 Declaration on Freedom of Expression and Access to \nInformation containing rules on limitation measures imposed on freedom \nof expression on the internet.","PeriodicalId":36136,"journal":{"name":"African Human Rights Law Journal","volume":"20 1","pages":"315-345"},"PeriodicalIF":0.0000,"publicationDate":"2020-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"African Human Rights Law Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17159/1996-2096/2020/v20n1a12","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 1
Abstract
The right
to freedom of expression is guaranteed under international law and in
the constitutions of most countries. The content of this right has
developed and recently has come to be thought of as including the
internet as a medium of communication, and the question is raised
whether access to the internet is protected under the current set of
normative principles. The right to freedom of expression is fully
protected under the African Charter on Human and Peoples’ Rights, to
which Ethiopia is a party. The Ethiopian government restricts freedom of
expression on the internet and has adopted extraneous limiting
measures. Most of these measures are incompatable with the African
Charter. Restrictions to freedom of expression on the internet include
internet shutdowns, hate speech and disinformation regulation,
repressive laws, and internet censorship. These limitations may
(in)directly muzzle freedom of expression in Ethiopia.
The writer argues that
illegitimate limitations of the right fall short of the quadruple tests
of limitation measures, both under the African Charter and the Ethiopian
Constitution. As a result, these limitations violate individuals’
freedom of expression on the internet. Finally, the article suggests
that the Ethiopian government should draw guidance from the African
Commission’s 2019 Declaration on Freedom of Expression and Access to
Information containing rules on limitation measures imposed on freedom
of expression on the internet.