How Freedom Dies

Originally published in the Informanté newspaper on Thursday, August 6, 2015.

Since the start of his Presidency, President Hage Geingob has been an unceasing campaigner for a more transparent and accountable government. His efforts thus far have been greater and arguably more successful than another ‘most transparent administration in history,’ the presidency of Barack Obama. But now a bill from the Ministry of Information and Communications Technology is set to derail his legacy.

The Electronic Communication and Cybercrime Bill purports to protect the citizenry from defamatory content posted on social media. However, rumours abound that the bill seeks to prevent citizens from criticizing politicians in government and government institutions that deliver poor service. Without the text of the proposed bill being public as yet, it is unclear how the bill attempts to skirt Article 17 of the Namibian Constitution that declares: “All citizens shall have the right to participate in peaceful political activity intended to influence the composition and policies of the Government.”

And while defamation certainly occurs on social media, most sites already have systems in place to report abusive and defamatory content. It is certainly not necessary to provide additional protection against defamation, as Namibia already has existing laws in place for just that. In fact, defamation laws were upheld by a Supreme Court decision just a few scant years ago. 

More troubling, is that regulating the internet and social media is in direct contravention with Namibians fundamental freedoms enshrined in Article 21 of the Namibian Constitution, which states “All persons shall have the right to freedom of speech and expression, which shall include freedom of the press and other media.” ‘And other media’ most certainly includes the internet, and existing defamation laws are already applied against social media, as that is specifically allowed under Article 21(2). 

It is authoritarian governments that most frequently limit access to communication services such as the internet. And it is via social media that an oppressed people frequently co-ordinate their actions to preserve or gain access to freedoms we take for granted. On 25 January 2011, the Mubarak government of Egypt faced a popular revolution spearheaded by social media. By 28 January, those in power cut all internet access in the country in an attempt to scuttle the revolution. Egypt turned into a North Korea in the space of an hour, but even as they did this, the writing was on the wall. The people of Egypt were incensed, and by 13 February the military dissolved parliament. When you attempt to silence the voice of the people, you no longer rule with the consent of the governed.

Sometimes, this is done with good intentions. In the United Kingdom, for example, in the aftermath of the London riots in 2011, the government first considered regulating social media. By 2013, the UK government had implemented filters for pornography on the internet, with many legitimate, non-porn websites blocked accidentally as well. Just last year, in September 2014, Home Secretary Theresa May introduced ‘Extremism Disruption Orders’ which allows judges to ban people who are simply deemed extremists, but have not broken any laws, from broadcasting or accessing social media. And then last week, this program identified a 3-year old toddler as an extremist, and the child was placed in a government ‘re-education’ program. 

After winning the election in the United Kingdom in May 2015, David Cameron proclaimed: “For too long, we have been a passively tolerant society, saying to our citizens: As long as you obey the law, we will leave you alone.” This is how authoritarianism starts, and democracy dies. 

The internet has been a powerful democratising force in the world. It has given everyone with access a way to speak. Here in Namibia, nearly every cellphone now has internet access. Our esteemed President has used social media himself to connect with the people in an unprecedented way, and it has made us proud Namibians to have such a leader. 

As Martin Niemöller so famously said: “First they came for the Socialists, and I did not speak out— Because I was not a Socialist. Then they came for the Trade Unionists, and I did not speak out—Because I was not a Trade Unionist. Then they came for the Jews, and I did not speak out— Because I was not a Jew. Then they came for me—and there was no one left to speak for me.”

Let us hope that the supposed content of this bill is just that, a rumour. And if not, that the Namibian people will not be afraid to speak out.