Social media regulation in Uganda: the dilemma of laxity and conformity to international norms

ABSTRACT

The proliferation of social media use has resulted in the quest for standards and norms relating to internet governance. Uganda has gradually instituted laws, occasionally shut down the internet and levied taxes to regulate social media use. Initially, the norms and standards resulted from negative consequences of social media use, such as hate speech, incitement, and misinformation. However, the regime has used this pretext to curtail collective voices, dissent, and freedom of expression that social media use brings into the political arena. The dilemma in the international system is that social media regulation has taken a new twist as different countries adopt what they feel is appropriate. Drawing from the primary and secondary data sources, it can be concluded that the Ugandan regime has used social media regulation to keep political dissent, incitement, and protests in check, and states such as Uganda get support from big actors that are proponents of legal frameworks and internet sovereignty.

KEYWORDS:

• Social media
• international norms; political dissent; social media governance and legal frameworks

Disclosure statement

No potential conflict of interest was reported by the authors.

Notes

1 “Facebook shuts down accounts of Ugandan officials ahead of elections.” (2021, January 11). Retrieved January 14, 2023, from https://www.france24.com/en/africa/20210111-facebook-shuts-down-accounts-of-ugandan-officials-ahead-of-elections

2 Ibid.

3 Ibid.

4 Browne, R. (2021, January 11). “Germany’s Merkel hits out at Twitter over ‘problematic’ Trump ban.” Retrieved January 14, 2023, from https://www.cnbc.com/2021/01/11/germanys-merkel-hits-out-at-twitter-over-problematic-trump-ban.html

5 McMillan, R. (n.d.). “Bay Area transit police cut mobile service to thwart protest.” Retrieved January 14, 2023, from https://www.networkworld.com/article/2180147/bay-area-transit-police-cut-mobile-service-to-thwart-protest.html

6 The Computer Misuse Act, 2011, prescribes liability for computer-related offences. Such offences could, for instance, relate to child pornography, cyber harassment, offensive communications, and cyberstalking.

7 United Nations General Assembly, Report A/68/98, 24 June 2013: https://documents-dds-ny.un.org/doc/UNDOC/GEN/N13/371/66/pdf/N1337166.pdf? OpenElement

8 United Nations General Assembly, Report A/70/174, 22 July 2015: https://undocs.org/A/70/174

9 Mugerwa,Y. (2017). “China to help Uganda fight Internet abuse.” Daily Monitor Newspaper. Retrieved January 14, 2023, from https://www.monitor.co.ug/uganda/news/national/china-to-help-uganda-fight-internet-abuse-1712478

10 Kakungulu-Mayambala, R. (2019). “How Uganda is using old and new laws to block activists on social media.” Retrieved January 14, 2023, from http://theconversation.com/how-uganda-is-using-old-and-new-laws-to-block-activists-on-social-media-121823

11 Ibid.

12 2021 G7 Leaders’ communiqué: Our shared agenda for global action to build back better. (2022, December 14). Retrieved January 14, 2023, from https://www.pubaffairsbruxelles.eu/eu-institution-news/2021-g7-leaders-communique-our-shared-agenda-for-global-action-to-build-back-better/

13 Chile, U. M. (2021, May 3). Statement by Secretary of State Antony J. Blinken on World Press Freedom Day. Retrieved January 14, 2023, from https://cl.usembassy.gov/statement-by-secretary-of-state-antony-j-blinken-on-world-press-freedom-day/

14 “Neoclassical Realism and Today’s Russia.” (2012, July 10). Retrieved January 14, 2023, from https://eng.globalaffairs.ru/articles/neoclassical-realism-and-todays-russia/)

15 Following Finnemore and Sikkink (1998), I define a norm as a "shared standard of behaviour appropriate for actors with a given identity." Individuals comply with norms partly because others expect them to and because there is a quality of "oughtness" to the behaviour.

16 “Facebook shuts down Ugandan accounts ahead of general elections.” (2021, January 11). Retrieved January 15, 2023, from https://www.aljazeera.com/news/2021/1/11/facebook-shuts-down-ugandan-accounts-ahead-of-general-elections

17 “How Countries Regulate Online Speech.” (November 4, 2022). Retrieved January 15, 2023, from https://www.cfr.org/in-brief/social-media-and-online-speech-how-should-countries-regulate-tech-giants

18 UCC “Post, broadcasting and telecommunications market and industry Q2 Report, 2017” (2018). (n.d.). Retrieved January 16, 2023.

19 “How Africa Tweets 2018.” (2017 July, 18). Retrieved January 16, 2023, from https://portland-communications.com/publications/how-africa-tweets-2018/

20 Nita Bhalla, K. H. (n.d.). “As online hate speech hits Africa, social media firms told to act | Context.” Retrieved January 16, 2023, from https://www.context.news/digital-rights/as-online-hate-speech-hits-africa-social-media-firms-told-to-act

21 “Women share experiences of social media trolling and mental health challenges.” (2021, January 4). Retrieved January 16, 2023, from https://www.monitor.co.ug/uganda/magazines/full-woman/women-share-experiences-of-social-media-trolling-and-mental-health-challenges-3245418

22 Art 27 of The Constitution of the Republic of Uganda 1995.

23 HRNJ-U Statement: Computer Misuse Act 2011; According to an analysis report produced by Human Rights Network for Journalists -Uganda (HRNJ-Uganda), the law gags freedom of Information, Expression, Privacy and it contains a number of unnecessary vague sections that can be used to infringe freedoms of Assembly, Association and other fundamental human rights. https://www.hrnjuganda.org/hrnj-u-statement-computer-misuse-act-2011-2/

24 “Uganda’s Internet is increasingly getting controlled and criminalised; Over 25 Internet users are on trial for online expression.” Unwanted Witness. (2018, January 18). Retrieved January 16, 2023, from https://www.unwantedwitness.org/ugandas-internet-is-increasingly-getting-controlled-and-criminalized-over-25-internet-users-are-on-trial-for-online-expression/

25 “Arrested in Museveni’s name.” Monitor. (2019, July 13). Retrieved January 16, 2023, from https://www.monitor.co.ug/uganda/news/national/arrested-in-museveni-s-name-1837298

26 Kaaya, S. K. (2018 January, 19). “Digital freedoms: 25 users face trial over online posts.” Retrieved January 16, 2023, from https://observer.ug/news/headlines/56664-digital-freedoms-25-users-face-trial-over-online-posts.html

27 Focus Group Discussions, 2019 in Kampala, Gulu, Mbale and Mbarara during data collection

28 “Kakwenza detained over offensive communication.” Monitor. (2021, December 30). Retrieved January 16, 2023, from https://www.monitor.co.ug/uganda/news/national/kakwenza-detained-over-offensive-communication-3667136

29 Focus Group Discussions, 2019 in Kampala, Gulu, Mbale and Mbarara during data collection

30 See Ugandan Constitution.

31 African Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered into force 21 October 1986) 1520 UNTS 217.

32 Law Office of Ghazi Suleiman v Sudan II (2003) AHRLR 144 (ACHPR 2003).

33 “Museveni slaps taxes on social media users.” Monitor. (2018, March 31). Retrieved January 16, 2023, from https://www.monitor.co.ug/uganda/news/national/museveni-slaps-taxes-on-social-media-users--1748232

34 Adebayo, B. (2018, July 11). “Violent protests force Uganda government to review social media tax.” CNN. Retrieved January 16, 2023, from https://www.cnn.com/2018/07/11/africa/uganda-social-media-tax-protest/index.html

35 “Government moves to block VPN as Ugandans vow to dodge social media tax.” Monitor. (2018, July 2). Retrieved January 16, 2023, from https://www.monitor.co.ug/uganda/news/national/government-moves-to-block-vpn-as-ugandans-vow-to-dodge-social-media-tax-1765758

36 Focus group discussion, July 12,2019, at Mbale Municipality.

37 This was revealed in a Focus Group Discussion in Mbale rural area.

38 See Maeve Shearlaw, “Facebook Lures Africa with Free Internet - but What Is the Hidden Cost?”, Guardian, https://www.theguardian.com/world/2016/aug/01/facebook-free-basicsinternet-africa-mark-zuckerberg [https://perma.cc/8AXC-WBSF] (Feb. 21, 2017); Najam Ahmad and Kevin Salvadori, “Building a Transformative Subsea Cable to Better Connect Africa”, FACEBOOK ENG’G (May 13, 2020), https://engineering.fb.com/2020/05/13/connectivity/2africa/ [https://perma.cc/8QTC-V4DJ].

Additional information

Funding

This work was not funded; it is part of a self-sponsored doctoral study on Social Media and Youth Political Participation in Uganda.

Notes on contributors

Winyi Solomon

Solomon Winyi is an Assistant Lecturer in the Department of Political Science and Public Administration. He is also pursuing a PhD in Social Media Use and Youth Political Participation in Uganda.

Omach Paul

Paul Omach is the Head of the Department, Associate Professor in Political Science and Public Administration at Makerere University. He is the primary supervisor for Solomon Winyi's doctoral studies on social media use and youth political participation in Uganda.

Sabiti Makara

Sabiti Makara is Professor in the Department of Political Science and Public Administration. He is also supervising Solomon Winyi's doctoral studies on social media use and youth political participation in Uganda.