Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Why South Africa's EV market is going nowhere slowly

      Why South Africa’s EV market is going nowhere slowly

      9 April 2026
      Africa switches on as Europe dims the lights

      Africa switches on as Europe dims the lights

      9 April 2026
      Major boost for Starlink

      Major boost for Starlink

      9 April 2026
      MVNOs take centre stage in legislative shake-up - Dominic Cull

      MVNOs take centre stage in legislative shake-up

      8 April 2026
      ICT sector BEE code under the microscope as Starlink circles

      ICT sector BEE code under the microscope as Starlink circles

      8 April 2026
    • World
      DeepSeek V4 to run on Huawei silicon as China builds its own AI stack

      DeepSeek V4 to run on Huawei silicon as China builds its own AI stack

      4 April 2026
      Amazon in talks to buy satellite operator Globalstar

      Amazon in talks to buy satellite operator Globalstar

      2 April 2026

      Apple plans to open Siri to rival AI services

      27 March 2026
      It's official: ads are coming to ChatGPT

      It’s official: ads are coming to ChatGPT

      23 March 2026
      Mystery Chinese AI model revealed to be Xiaomi's

      Mystery Chinese AI model revealed to be Xiaomi’s

      19 March 2026
    • In-depth
      The biggest untapped EV market on Earth is hiding in plain sight

      The biggest untapped EV market on Earth is hiding in plain sight

      1 April 2026
      The R18-billion tech giant hiding in plain sight - Jens Montanana

      The R16-billion tech giant hiding in plain sight

      26 March 2026
      The last generation of coders

      The last generation of coders

      18 February 2026
      Sentech is in dire straits

      Sentech is in dire straits

      10 February 2026
      How liberalisation is rewiring South Africa's power sector

      How liberalisation is rewiring South Africa’s power sector

      21 January 2026
    • TCS
      TCS+ | Vodacom Business moves to crack the SME tech gap - Andrew Fulton, Sannesh Beharie

      TCS+ | Vodacom Business moves to crack the SME tech gap

      7 April 2026
      TCS | MTN's Divysh Joshi on the strategy behind Pi - Divyesh Joshi

      TCS | MTN’s Divyesh Joshi on the strategy behind Pi

      1 April 2026
      Anoosh Rooplal

      TCS | Anoosh Rooplal on the Post Office’s last stand

      27 March 2026
      Meet the CIO | HealthBridge CTO Anton Fatti on the future of digital health

      Meet the CIO | Healthbridge CTO Anton Fatti on the future of digital health

      23 March 2026
      TCS+ | Arctic Wolf unpacks the evolving threat landscape for SA businesses - Clare Loveridge and Jason Oehley

      TCS+ | Arctic Wolf unpacks the evolving threat landscape for SA businesses

      19 March 2026
    • Opinion
      The conflict of interest at the heart of PayShap's slow adoption - Cheslyn Jacobs

      The conflict of interest at the heart of PayShap’s slow adoption

      26 March 2026
      South Africa's energy future hinges on getting wheeling right - Aishah Gire

      South Africa’s energy future hinges on getting wheeling right

      10 March 2026
      Hold the doom: the case for a South African comeback - Duncan McLeod

      Apple just dropped a bomb on the Windows world

      5 March 2026
      R230-million in the bag for Endeavor's third Harvest Fund - Alison Collier

      VC’s centre of gravity is shifting – and South Africa is in the frame

      3 March 2026
      Hold the doom: the case for a South African comeback - Duncan McLeod

      Hold the doom: the case for a South African comeback

      26 February 2026
    • Company Hubs
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » In-depth » SA’s shameful vote against Internet freedom

    SA’s shameful vote against Internet freedom

    By The Conversation15 July 2016
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    south-africa-640

    South Africa has yet again sided with repressive regimes such as Russia, China and Saudi Arabia against progressive efforts by the United Nations. This is counter to the spirit of the country’s enlightened constitution.

    This month, the UN voted on a resolution for the “promotion, protection and enjoyment of human rights on the Internet”. This was in response to a UN Special Rapporteur report on the promotion of freedom of expression online.

    The rapporteur examined various threats to free expression online, including the use of technological surveillance and the excessive use of defamation laws.

    About 70 countries signed the resolution. They included Australia, Brazil, Haiti, Mexico, Nigeria, Sweden, Tunisia, Turkey and the US. South Africa was one of 15 states that voted against it. Others in this camp included Russia, China, India, Qatar, Saudi Arabia, Indonesia, Venezuela, Cuba and the United Arab Emirates.

    Since the advent of democracy in South Africa and the country’s adoption of a globally celebrated constitution, its votes on human rights have been of particular significance, especially in the developing world. That the government would vote against rights enshrined in its own constitution — rights that were strenuously fought for — reflects a troubling cynicism and indifference to its human rights commitments.

    The resolution is designed to safeguard access to the Internet as an important human right. It exhorts countries to provide and expand access to the Internet. It also urges them not to disable Internet access, even for political and security reasons.

    The report recognises the vital role the Internet plays in supporting the right to education. As such, it stresses the “need to address digital literacy and the digital divide” between and within countries. Specifically, it notes that enhancing access to the Internet for women and girls will help reduce gender disparities.

    The resolution encompassed several goals. These include:

    • Protecting the same rights online that people have offline, especially freedom of expression and privacy;
    • Recognising the Internet as “a driving force in accelerating progress”, including economic development;
    • Preventing government harassment, including torture and imprisonment, for those who post controversial political opinions online;
    • Requesting governments to investigate extrajudicial killings, attacks, intimidation, gender-based violence and other forms of abuse against those who post controversial material online;
    • Condemning government measures that intentionally prevent or disrupt access to, or dissemination of, information online; and
    • Requesting governments to address Internet security concerns in line with their international human rights obligations.

    South Africa’s objections

    South Africa’s reluctance to support the resolution was based on a few factors, including that:

    • South Africans are already guaranteed the right to freedom of opinion and expression in the constitution;
    • The exercise of this right is not absolute, specifically in a context in which South Africa is trying to overcome a flood of racist hate speech on the Internet; and
    • The resolution fails to adequately address acts of hatred on the Internet, including cyber bullying.

    There are, of course, legitimate reasons for limiting freedom of expression.
    These speak to South Africa’s traumatic history of apartheid and its legacies.

    In an attempt to address these problems, the country has, for example, passed legislation against hate speech. Its Promotion of Equality and Prevention of Discrimination Act specifically prohibits hate speech. Other laws with a bearing on free speech include those against child pornography or defamation.

    Such restrictions are not unusual. Even the US, the bastion of the right to freedom of expression, limits the right in the face of “fighting words” that may lead to violence.

    The question is whether there should be any limitations on the right to freedom of expression online. If so, what considerations ought to be employed?

    In other words, in balancing competing rights, which rights should prevail?

    Current events in South Africa highlight the difficulty of balancing the right of freedom of expression with other rights. Examples include the much publicised case of former KwaZulu-Natal realtor Penny Sparrow, who described black beach goers as monkeys on Facebook. Another involves Cape Town attorney Matthew Theunissen. He posted racist views in response to a decision by the sports minister to ban certain sports from hosting major events due to their lack of racial transformation.

    In such cases, there is a need to balance people’s rights to equality, dignity and not to be subjected to racist hate speech against other people’s right to freedom of expression. In racially bruised South Africa, the former rights outweigh the latter.

    Similarly, legitimate security concerns might pressure governments to curb certain kinds of Internet speech if they threaten public safety. And the rights of children and their need for protection provide legitimate reasons for outlawing child pornography.

    Where South Africa got it wrong

    South Africa erred in voting against the resolution because its concerns are actually addressed by the resolution.

    The resolution takes cognisance of Article 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. These provide for the consideration of other rights in promoting the right to freedom of expression.

    Significantly, South Africa’s constitution provides that free speech is not protected when it advocates hatred based on race, ethnicity, gender and religion. These limitations adequately address the government’s fears in relation to the UN resolution.

    What is most disappointing about the South African response is the message it sends about its attitude to its human rights obligations. It also reflects negatively on the country’s standing as being committed to human rights.

    South Africans should be concerned with the illiberal positions the government has taken at the UN over the past few years. These include its recent abstention from voting on the appointment of a UN Rapporteur for the protection of sexual minorities. Such actions diminish the aspirations espoused in the country’s bill of rights. South Africans deserve better.The Conversation

    • Penelope Andrews is dean of law and professor, University of Cape Town
    • This article was originally published on The Conversation
    Follow TechCentral on Google News Add TechCentral as your preferred source on Google


    Penelope Andrews UN United Nations
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleTech leaders: Trump a ‘disaster’ for innovation
    Next Article Meter taxi drivers up in arms over ‘illegal’ Uber

    Related Posts

    UN publishes Global Digital Compact

    United Nations publishes Global Digital Compact

    30 September 2024

    What it will take to bring the Guptas to justice

    22 June 2022

    South Africa must move fast on state capture prosecutions

    12 January 2022
    Company News
    Modernising legacy systems - without the downtime - BBD Software

    Modernising legacy systems – without the downtime

    9 April 2026
    M-KOPA's 2025 impact: women at the heart of digital inclusion

    M-KOPA’s 2025 impact: women at the heart of digital inclusion

    9 April 2026
    The new storefront is a conversation - conversational commerce - CM.com

    The new storefront is a conversation

    8 April 2026
    Opinion
    The conflict of interest at the heart of PayShap's slow adoption - Cheslyn Jacobs

    The conflict of interest at the heart of PayShap’s slow adoption

    26 March 2026
    South Africa's energy future hinges on getting wheeling right - Aishah Gire

    South Africa’s energy future hinges on getting wheeling right

    10 March 2026
    Hold the doom: the case for a South African comeback - Duncan McLeod

    Apple just dropped a bomb on the Windows world

    5 March 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    Modernising legacy systems - without the downtime - BBD Software

    Modernising legacy systems – without the downtime

    9 April 2026
    Why South Africa's EV market is going nowhere slowly

    Why South Africa’s EV market is going nowhere slowly

    9 April 2026
    M-KOPA's 2025 impact: women at the heart of digital inclusion

    M-KOPA’s 2025 impact: women at the heart of digital inclusion

    9 April 2026
    Africa switches on as Europe dims the lights

    Africa switches on as Europe dims the lights

    9 April 2026
    © 2009 - 2026 NewsCentral Media
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}