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Sabelo Masuku told the Times Sunday newspaper (15 November 2020) in Swaziland the new Bill was no different from the withdrawn Computer Crime and Cybercrime Bill.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A Bill that set out to impose 10 years’ jail time on people publishing ‘fake news’ has been withdrawn by the Swaziland (eSwatini) Government after protests in the House of Assembly.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 rethinks law on ‘fake news’ that could lead to 10 years’ jail time

A committee of members of the Swaziland (eSwatini) parliament have voted to amend a Bill that could impose a E10 million fine or 10 years’ jail time on people publishing ‘fake news’.

The section of the Computer Crime and Cybercrime Bill, 2020 on ‘fake news’ was removed by the Ministry of Information and Technology Portfolio Committee, its chair Macford Sibandze told the news website Swati Newsweek.

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 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.

Sibandze told Swati Newsweek, ‘A section on fake news was completely removed. Fines were cut by 50 to 75 percent, whilst others up to 90 percent.’

Swaziland has a poor human rights record and media are severely restricted by more than 30 laws. The Computer Crime and Cybercrime Bill which was announced in August 2020 was widely criticised by human rights campaigners.

The Southern Africa Litigation Centre (SALC) in a 14-page response to the new Bill said the definition of ‘fake news’ and the offence itself was not included in a Southern African Development Community (SADC) model law that covered these areas.

It added, ‘The offence of fake news is highly subjective and overly broad and ought to be qualified further or repealed altogether. Intentionally deceiving only one person ought never to be an offence under this section, and if the deceit was for a purpose of fraud, for example, that would be the appropriate offence to charge a person with.’

It said, ‘The offences of cybersex or sexual grooming with a child, cyberbullying, cyber stalking, harassment, and trafficking in humans, all attach a penalty of up to E10m fine or 10 years’ imprisonment or both. Fake news and violation of intellectual property rights, which do less harm to the individual attach the same penalties of E10m or 10 years’ imprisonment,’ it added.

 

See also

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 journalist critical of King flees, hides in forest five days https://swazimedia.blogspot.com/2020/05/swaziland-journalist-critical-of-king.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

SWAZI POLICE TRACK FACEBOOK USERS

Swaziland now has specially ‘trained officers’ to track down people who use Facebook to criticise the Swazi Government.

They work ‘hand in hand’ with the police to try to catch the culprits.

The Times of Swaziland reported today (11 May 2011) that Nathaniel Mahluza, Principal Secretary at the Ministry of Information Communication and Technology, admitted yesterday that the government was worried by what the newspaper called ‘unsavory comments’ about the kingdom being published on the Internet.

It is not clear what specific law the Facebook users are supposed to have broken, but in Swaziland, ruled by King Mswati III, sub-Saharan Africa’s last absolute monarch, free speech is severely curtailed, even though the Swazi Constitution allows for it.

The Times reported that Mahluza was responding to Public Accounts Committee Chairperson Thuli Dladla who said the insults on the kingdom were getting worse on Facebook.

However, Hhukwini MP Mkhululi Dlamini said if the posts were made in Swaziland it was possible to catch them.

Dladla, however advised, Mahluza against revealing how they worked on these issues with the police.

Mahluza said although they had trained officers who worked hand in hand with the police to catch the culprits, it was proving very difficult to catch them.