Swaziland Govt. wants law to make it illegal to send social media posts that cause ‘emotional distress’

The Swaziland (eSwatini) Government wants to introduce a law making it illegal to post material online that would deliberately cause a victim serious emotional distress.

The Harmful Digital Communications Bill intends to deter, prevent and mitigate harm caused to individuals by harmful digital communications and provide victims of harmful digital communications with a quick and efficient means of redress.

On conviction, offenders face a minimum fine of E500,000 (US$27,000) and a maximum fine of E5 million or a jail sentence of up to seven years. 

A ‘victim’ is the person who is the target of a posted digital communication.

The Harmful Digital Communications Bill, 2020 has been prepared by the Swazi  Ministry of Information, Communication and Technology. This is the same ministry that last week withdrew the Computer Crime and Cybercrime Bill, 2020 that could have sent people who published ‘fake news’ to jail for 10 years. It is expected it will be re-presented after consultations have been completed.

The proposed law would impact on social media sites including Facebook, Twitter, Instagram and WhatsApp.

Human Rights Commissioner Sabelo Masuku told the Times Sunday newspaper (15 November 2020) in Swaziland the new Bill was no different from the withdrawn Computer Crime and Cybercrime Bill.

 

See also

Swaziland Govt. withdraws controversial Computer Crime Bill, seeks more discussion

https://swazimedia.blogspot.com/2020/11/swaziland-govt-withdraws-controversial.html

Swaziland Govt. withdraws controversial Computer Crime Bill, seeks more discussion

A Bill that set out to impose 10 years’ jail time on people publishing ‘fake news’ has been withdrawn by the Swaziland (eSwatini) Government after protests in the House of Assembly.

The Computer Crime and Cybercrime Bill, 2020 introduced a wide range of offences including spamming and cyberstalking. Cyberstalking included making false accusations, defamation and identity theft.

The most controversial section of the Bill set out to make it unlawful for any person to publish any statement or fake news through any medium, including social media, with the intention to deceive any other person or group of persons. On conviction a person would be liable to a fine not exceeding E10 million (US$600,000) or imprisonment not exceeding 10 years or both.

The House of Assembly Ministry of Information, Communication and Technology Portfolio Committee rejected the section on ‘fake news’ at a meeting last week and days later committee chair Macford Sibandze told the House the Bill would be taken back for further consultations.

Among criticisms made were the large fines and lengthy prison sentences that would be imposed.

King Mswati who rules Swaziland as an absolute monarch has been widely criticised by human rights groups. He controls much of the mainstream media in Swaziland. Nearly all broadcasting is state-controlled and one of the only two daily newspapers in the kingdom is in effect owned by the King. Formal censorship and self-censorship by journalists when reporting matters about the King is almost total.

In recent years news websites that call for human rights reforms in Swaziland have been launched. The editors of two of them are in exile in neighbouring South Africa after publishing articles deemed critical of the King. They face sedition charges if they return to Swaziland. There are also a number of Facebook sites and other social media platforms that carry material critical of the King.

See also

Swaziland rethinks law on ‘fake news’ that could lead to 10 years’ jail time

https://swazimedia.blogspot.com/2020/11/swaziland-rethinks-law-on-fake-news.html

 

Swaziland proposes law with 10 year jail term for publishing ‘fake news’ https://swazimedia.blogspot.com/2020/08/swaziland-introduces-law-with-10-year.html

Swaziland proposes law with 10 year jail term for publishing ‘fake news’

The government in the absolute monarchy of Swaziland (eSwatini) has introduced a law aimed at censoring all forms of media which could lead to a 10-year jail sentence for people publishing ‘fake news’.

The kingdom ruled by King Mswati III as sub-Saharan Africa’s last absolute monarch already has been labelled ‘not free’ by human rights groups.

A government gazette has been published detailing the proposed law. The bill will be piloted by the Ministry of Information, Communication and Technology which is headed by the King’s daughter, Princess Sikhanyiso.

The Times of eSwatini reported that the bill states that any person who publishes any statement or fake news through any medium, including social media, with the intention to deceive any other person or group of persons commits an offence. On conviction a person would be liable to a fine not exceeding E10 million (US$600,000) or imprisonment not exceeding 10 years or both.

The new law would allow the courts to prosecute in some circumstances Swazi nationals who live outside of Swaziland. It also covers a wide range of offences including spamming and cyberstalking. Cyberstalking includes making false accusations, defamation and identity theft.

King Mswati who has been widely criticised by human rights groups controls much of the mainstream media in Swaziland. Nearly all broadcasting is state-controlled and one of the only two daily newspapers in the kingdom is in effect owned by the King. Formal censorship and self-censorship by journalists when reporting matters about the King is almost total.

In recent years news websites that call for human rights reforms in Swaziland have been launched. The editors of two of them are in exile in neighbouring South Africa after publishing articles deemed critical of the King. They face sedition charges if they return to Swaziland. There are also a number of Facebook sites and other social media platforms that carry material critical of the King.

Reporters Without Borders in its World Press Index released earlier in 2020 reported that there was no media freedom in Swaziland. It reported, ‘No court is allowed to prosecute or try members of the government, but any criticism of the regime is liable to be the subject of a prosecution. Far from being an independent protector of rights and freedoms, the judicial system is often used to undermine journalism.’

Freedom House scored Swaziland 16 out of a possible 100 points in its Freedom in the World 2019 report. It concluded that Swaziland was ‘not free’.

Freedom House stated, ‘The King exercises ultimate authority over all branches of the national government and effectively controls local governance through his influence over traditional chiefs. Political dissent and civic and labor activism are subject to harsh punishment under sedition and other laws. Additional human rights problems include impunity for security forces and discrimination against women and LGBT (lesbian, gay, bisexual, and transgender) people.’

In Swaziland political parties are barred from taking part in elections. Groups advocating for democracy are outlawed under the Suppression of Terrorism Act.

See also

Swaziland journalist critical of King flees, hides in forest five days

https://swazimedia.blogspot.com/2020/05/swaziland-journalist-critical-of-king.html

Swaziland journalist critical of absolute monarch, beaten, arrested, faces treason charge

https://swazimedia.blogspot.com/2020/04/swaziland-journalist-critical-of.html

‘No media freedom’ in Swaziland, Reporters Without Borders annual report states

 https://swazimedia.blogspot.com/2020/04/no-media-freedom-in-swaziland-reporters.html
 

Swaziland journalist ‘tortured by police after criticising absolute monarch in newspaper articles’

https://swazimedia.blogspot.com/2020/03/swaziland-journalist-tortured-by-police.html

Newspaper editor flees Swaziland for second time after arrest and police torture

https://swazimedia.blogspot.com/2020/03/newspaper-editor-flees-swaziland-for.html

Swaziland democracy leader charged with sedition for criticising absolute monarch on news website

https://swazimedia.blogspot.com/2020/05/swaziland-democracy-leader-charged-with.html

Swaziland police chief threatens social media users with wrath of the law if they criticise King

Police in the absolute monarchy of Swaziland (eSwatini) are to hunt down and arrest people who criticise King Mswati on social media.

The National Commissioner of Police William Dlamini said the law would deal with them harshly.

He made the announcement in a written statement published in media across Swaziland on Friday (31 January 2020).

The eSwatini Observer, a newspaper in effect owned by the King, reported, ‘He stated that the police service was hot on their trail and they will see to it that the perpetrators of the cybercrime ultimately face the wrath and might of the law.’

Human rights are severely curtailed in Swaziland. Freedom House scored Swaziland 16 out of a possible 100 points in its Freedom in the World 2019 report. It concluded that Swaziland was ‘not free’.

There is very little media freedom in Swaziland, where one of the only two daily newspapers is owned by King Mswati. All broadcast news is controlled by the government, whose members are handpicked by the King.

Democracy campaigners use social media sites such as Facebook to draw attention to human rights abuses.

Dlamini said there were ‘highly insolent and morality devoid characters disseminating seditious, slanderous and very insultive statements about the country’s authorities via social media’.

He added, ‘The intent and motive of these statements is seemingly to vilify and pour scorn on the country’s authorities, which we find completely unacceptable and an insult to the entire nation.’

The Swaziland News, an online newspaper, reported, the National Commissioner announced that they had launched a high-level investigation that would uncover those behind these ‘vitriolic and damaging statements’ so they could be dealt with according to the law. ‘He said they have noted that these individuals were in a mission to plant a seed of disorder and anarchy in the Nation.’

This is not the first time the Swazi state has threatened social media users.

In March 2018, Swaziland’s then Prime Minister Barnabas Dlamini hinted his government might try to restrict access to social media, but he told Senators there was nothing police could do ‘at the moment’ about the posts.

The Swazi Observer reported at the time, ‘The premier said it was unfortunate that social media was a very complex phenomenon, which no single person or organisation could control.’

The Swazi Government has a history of hostility to social media. In 2011, Prime Minister Dlamini said it was important to keep information published on Facebook away from the Swazi people. ‘If such stories from these websites then make it to the newspapers and radios, then the public at large will start to think there is some truth in the story yet it was just malicious gossip,’ the Times of Swaziland reported him saying at the time. 

He was commenting after information about a cabinet minister had appeared on social media.

The Swazi Observer also reported at the time, ‘Dlamini said government did not have any measures to control the internet but relied on the support of the media which assists by shying away from information published or sourced from the internet.’ 

In the run up to April 2011 a group used Facebook to try to drum up support for an ‘uprising’ for democracy in the kingdom. The Government threatened the online activists with prosecution.

In May 2011, the Times of Swaziland reported Swaziland had specially ‘trained officers’ to track down people who used  Facebook to criticise the Swazi Government. Nathaniel Mahluza, Principal Secretary at the Ministry of Information Communication and Technology, said the government was worried by what the newspaper called ‘unsavoury comments’ about the kingdom being published on the internet. 

In March 2012, Swaziland’s Minister of Justice and Constitutional Affairs Chief Mgwagwa Gamedze said he would use the law against people who criticised Swaziland on the internet. He told the Swazi Senate that he would use what he called ‘international laws’ to bring the internet critics to task. He was reacting to concerns from Senators that the internet sites showed ‘disrespect’ to the King.

Academic research published in 2013 suggested that people in Swaziland used the Internet to communicate with one another and share information and ideas about the campaign for democracy, bypassing the Swazi mainstream media which was heavily censored. They debated and shared information about activities designed to bring attention to the human rights abuses in the kingdom.

The research suggested, ‘It is clear that social media sites have extended the public sphere to offer opportunities for a wider range of people both in the country and outside it, to produce, distribute and exchange information and commentary about the kingdom – especially in the context of the need for political change. People speak in their own voices and are not mediated in the way mainstream media are in Swaziland.’

National Commissioner of Police William Dlamini

                                       

See also

PM hints at social media restriction

https://swazimedia.blogspot.com/2018/03/pm-hints-at-social-media-restriction.html

One in three use Internet for news

https://swazimedia.blogspot.co.uk/2016/05/one-in-three-use-internet-for-news.html  

Swazi people speak up for themselves

https://swazimedia.blogspot.co.uk/2014/05/swazi-people-speak-up-for-themselves.html
 

Government threatens Facebook critics

http://swazimedia.blogspot.com/2012/03/govt-threatens-facebook-critics.html

 

Swazi police track Facebook users

http://swazimedia.blogspot.com/2011/05/swazi-police-track-facebook-users.html

GOVT SPIES ON PRIVATE INTERNET SITES

The Government in Swaziland has been monitoring private online communications for some years without legal authority, a new report discloses.

These include internet blogs, email and social networks such as Facebook, Twitter and internet chatrooms.

Telephone conversations have also been monitored.

This is reported by the United States in a review of human rights in Swaziland, just published.

The revelations add weight to anecdotal evidence circulating in the kingdom ruled by King Mswati III, sub-Saharan Africa’s last absolute monarch. Political parties are barred from taking part in elections and prodemocracy groups are banned under the Suppression of Terrorism Act.

The report from the US State Department looked at events in 2017. It stated, ‘There were credible reports that the government monitored private online communications without appropriate legal authority.’

It referred to a document called the Private and Cabinet First Quarter Report of 2015, in which, ‘the government press office stated that authorities monitored internet blogs, email, and social networks such as Facebook, Twitter, and internet chat rooms’.

The US report added, ‘Members of civil society and prodemocracy groups reported the government monitored email, Facebook, and internet chat rooms, and police monitored certain individuals’ telephones. 

‘Individuals who criticized the monarchy risked exclusion from the patronage system of the traditional regiments (chiefdom-based groupings of men dedicated to serving the King) that distributed scholarships, land, and other benefits. Both undercover and uniformed police appeared at labor union, civil society, arts, and business functions.’

The report stated that in Swaziland, ‘The law severely restricts free speech and gives police wide discretion to detain persons for lengthy terms without trial or public hearing. Those convicted of sedition may be sentenced to up to 20 years in prison. 

‘The King may suspend the constitutional right to free expression at his discretion, and the government severely restricted freedom of expression, especially regarding political issues or the royal family.’

It added, ‘Most journalists practiced self-censorship. Journalists expressed fear of judicial reprisals for their reporting on some High Court cases and matters involving the monarchy. Daily newspapers criticized government corruption and inefficiency but generally avoided criticizing the royal family.’

Radio and television stations, it stated, ‘practiced self-censorship and refused to broadcast anything perceived as critical of the government or the monarchy’. 

In March 2018, Swaziland’s Prime Minister Barnabas Dlamini hinted the government might try to restrict access to social media.

He told Senators there was nothing police could do ‘at the moment’ about posts on sites such as Facebook. The Swazi Observer reported (28 March 2018), ‘The premier told the senators that all countries in the world were concerned on whether social media was good for development or not.’

He was speaking during a debate about how video footage showing the murder of businessman Victor Gamedze who was shot dead in a petrol station appeared on social media.

The Swazi Government has a history of hostility to social media. In 2011, Dlamini said it was important to keep information published on Facebook away from the Swazi people. ‘If such stories from these websites then make it to the newspapers and radios, then the public at large will start to think there is some truth in the story yet it was just malicious gossip,’ the Times of Swaziland reported him saying at the time.He was commenting after information about a cabinet minister had appeared on social media.

In the run up to April 2011 a group used Facebook to try to drum up support for an ‘uprising’ for democracy in the kingdom ruled by King Mswati III, who is sub-Saharan Africa’s last absolute monarch. The Government threatened the online activists with prosecution.

In May 2011, the Times of Swaziland reported Swaziland had specially ‘trained officers’ to track down people who used  Facebook to criticise the Swazi Government. Nathaniel Mahluza, Principal Secretary at the Ministry of Information Communication and Technology, said the government was worried by what the newspaper called ‘unsavoury comments’ about the kingdom being published on the internet. 

Academic research published in 2013 suggested that people in Swaziland used the Internet to communicate with one another and share information and ideas about the campaign for democracy, bypassing the Swazi mainstream media which was heavily censored. They debated and shared information about activities designed to bring attention to the human rights abuses in the kingdom.

See also

PM HINTS AT SOCIAL MEDIA RESTRICTION

https://swazimedia.blogspot.co.uk/2018/03/pm-hints-at-social-media-restriction.html

ONE IN THREE USE INTERNET FOR NEWS

https://swazimedia.blogspot.co.uk/2016/05/one-in-three-use-internet-for-news.html  

SWAZI PEOPLE SPEAK UP FOR THEMSELVES

https://swazimedia.blogspot.co.uk/2014/05/swazi-people-speak-up-for-themselves.html 

GOVERNMENT THREATENS FACEBOOK CRITICS

http://swazimedia.blogspot.com/2012/03/govt-threatens-facebook-critics.html

 

SWAZI POLICE TRACK FACEBOOK USERS

http://swazimedia.blogspot.com/2011/05/swazi-police-track-facebook-users.html

 

FACEBOOK TELLS TRUTH MEDIA WON’T

https://swazimedia.blogspot.co.uk/2011/05/facebook-tells-truth-media-wont.html

PM HINTS AT SOCIAL MEDIA RESTRICTION

Swaziland’s Prime Minister Barnabas Dlamini has hinted his government might try to restrict access to social media.

He told Senators there was nothing police could do ‘at the moment’ about posts on sites such as Facebook. The Prime Minister and his government have a long history of threatening social media.

The Swazi Observer reported on Wednesday (28 March 2018), ‘The premier told the senators that all countries in the world were concerned on whether social media was good for development or not.’

He was speaking during a debate about how video footage showing the murder of businessman Victor Gamedze who was shot dead in a petrol station appeared on social media.

The newspaper reported, ‘The premier said it was unfortunate that social media was a very complex phenomenon, which no single person or organisation could control.’

It added, ‘However, the prime minister said there were many positives of social media. It enables people to communicate easily at lower costs and it also enables people to do business internationally. But he warned that abuse of social media could lead to devastating effects.’

The Swazi Government has a history of hostility to social media. In 2011, Dlamini said it was important to keep information published on Facebook away from the Swazi people. ‘If such stories from these websites then make it to the newspapers and radios, then the public at large will start to think there is some truth in the story yet it was just malicious gossip,’ the Times of Swaziland reported him saying at the time. 

He was commenting after information about a cabinet minister had appeared on social media.

The Swazi Observer also reported at the time, ‘Dlamini said government did not have any measures to control the internet but relied on the support of the media which assists by shying away from information published or sourced from the internet.’ 

In the run up to April 2011 a group used Facebook to try to drum up support for an ‘uprising’ for democracy in the kingdom ruled by King Mswati III, who is sub-Saharan Africa’s last absolute monarch. The Government threatened the online activists with prosecution.

The Media Institute of Southern Africa (MISA), in a statement in March 2011 said, ‘On 25 March 2011, Prime Minister Barnabas Sibusiso Dlamini assured Senators in Parliament that his government would track down, arrest and prosecute one Gangadza Masilela, whose Facebook postings have been critical of the status quo in Swaziland and the leadership in the country. Masilela, who is believed to be using a pseudonym, has a large following on his Facebook page. Parliament recently urged the government to do something about Masilela as his Facebook postings were deemed too critical of the country’s leadership.’

It added, ‘Having seen the uprisings in the Arab world where these social networks have been used to mobilize people to rise up and demand political changes from their governments, the jittery Swazi government is taking no chances and is trying to track down those calling for the Swazi uprising.’

In May 2011, the Times of Swaziland reported Swaziland had specially ‘trained officers’ to track down people who used  Facebook to criticise the Swazi Government. Nathaniel Mahluza, Principal Secretary at the Ministry of Information Communication and Technology, said the government was worried by what the newspaper called ‘unsavoury comments’ about the kingdom being published on the internet. 

In March 2012, Swaziland’s Minister of Justice and Constitutional Affairs Chief Mgwagwa Gamedze said he would use the law against people who criticised Swaziland on the internet. He told the Swazi Senate that he would use what he called ‘international laws’ to bring the internet critics to task. He was reacting to concerns from Senators that the internet sites showed ‘disrespect’ to the King.

Academic research published in 2013 suggested that people in Swaziland used the Internet to communicate with one another and share information and ideas about the campaign for democracy, bypassing the Swazi mainstream media which was heavily censored. They debated and shared information about activities designed to bring attention to the human rights abuses in the kingdom.

The research suggested, ‘It is clear that social media sites have extended the public sphere to offer opportunities for a wider range of people both in the country and outside it, to produce, distribute and exchange information and commentary about the kingdom – especially in the context of the need for political change. People speak in their own voices and are not mediated in the way mainstream media are in Swaziland.’

In 2016, Afrobarometer reported nearly one in three people surveyed in Swaziland said they got their news from the internet at least ‘a few times a week’. It also reported that 33 percent of those surveyed got their news from ‘social media such as Facebook and Twitter’ a few times a week or every day. 

In 2014, a report jointly published by the Media Institute of Southern Africa and the United Nations Educational, Scientific and Cultural Organisation (UNESCO) found young people in Swaziland were turning to social media sites such as Facebook because it allowed them to enjoy ‘the fundamental rights to freedom of expression’ that was denied to them elsewhere in the kingdom.

They also bypassed mainstream media such as television, radio and newspapers in favour of social media. The report called Youth Usage of Social media in Swaziland concluded, ‘The young people have welcomed the emergence of the social media because, among others, it affords them an opportunity not only to inter-act but also enjoy the fundamental right to freedom of expression provided in Section 24 of the Constitution of the Kingdom of Swaziland adopted in 2005.’

The report added, ‘They can now easily and freely bypass the severely censored mainstream media to access, produce, distribute and exchange information and ideas.

See also

ONE IN THREE USE INTERNET FOR NEWS

https://swazimedia.blogspot.co.uk/2016/05/one-in-three-use-internet-for-news.html  

SWAZI PEOPLE SPEAK UP FOR THEMSELVES

https://swazimedia.blogspot.co.uk/2014/05/swazi-people-speak-up-for-themselves.html

 

GOVERNMENT THREATENS FACEBOOK CRITICS

http://swazimedia.blogspot.com/2012/03/govt-threatens-facebook-critics.html

 

SWAZI POLICE TRACK FACEBOOK USERS

http://swazimedia.blogspot.com/2011/05/swazi-police-track-facebook-users.html

 

FACEBOOK TELLS TRUTH MEDIA WON’T

https://swazimedia.blogspot.co.uk/2011/05/facebook-tells-truth-media-wont.html