Lesotho government’s responses to cybercrime are disproportionate: SAEF, EFL

The Southern Africa Editors Forum (SAEF) joins the Editors Forum of Lesotho (EFL) in condemning the March 23 presentation before the parliament of the Computer Crime and Cyber Security Bill of 2021, as well as the latest gazetting of The Communications (Subscriber Identity Module and Device Registration) Regulations, 2021, by the government of Lesotho.

In a joint statement, Willie Muponda, the SAEF Chairman, and Teboho Khatebe Molefi, the EFL interim chairman said governments have obligations under international human rights law to protect people from harm resulting from a criminal activity carried out through the internet, such as a government’s obligation to protect women’s human rights by combating gender-based violence online such as the non-consensual distribution of intimate images online.

“But it is our view that the Lesotho government’s responses to cybercrime are disproportionate, and can undermine rights.

“While cybercrime poses a real threat to people’s human rights and livelihoods, we believe efforts to address it need to protect and not undermine citizens’ rights; and strongly oppose the Lesotho government’s overbroad and aggressive cybercrime laws that threaten people’s rights.”

SAEF and EFL are of the view that both the proposed cybercrime law and the approved communications regulations are overly broad and criminalize online expression, association, and assembly – encroaching on the rights of the public.

The view is that the steps by the government to address cybercrime also risk legitimizing abusive practices and could even be used as an excuse to silence government critics and undermine privacy.

There are sentiments that these laws serve only to close space for civil society and deprive citizens of their rights, especially the right to freedom of expression and association, whereas they should bolster protections for freedom of expression and other fundamental rights.

SAEF and its chapter EFL have observed that national cybercrime laws in various parts of the world already unduly restrict rights and are being used to persecute journalists, human rights defenders, technologists, opposition politicians, lawyers, religious reformers, artists among others.

“We call upon the government of Lesotho to prioritize restructuring these abusive laws to conform with international human rights standards. Any effort to address cybercrime needs to reinforce, not undermine, freedom of expression and other human rights. Further, this process should be open and transparent, and that civic bodies, the media fraternity, and human rights groups should be consulted and their views considered.

“We strongly feel that the proposed regulations contain provisions that threaten the right to protection of the law and the right to freedom of expression, among other rights under the constitution of Lesotho. It is with this view that we bring to the government’s attention that the Bill is inconsistent with regional and international standards and instruments on human rights, such as the African Union Convention on Cyber Security and Personal Data Protection, the Malabo Convention.”