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
      Google launches the biggest reinvention of search in 25 years

      Google launches the biggest reinvention of search in 25 years

      20 May 2026
      Gen Z has stopped buying the AI dream - Eric Schmidt

      Gen Z has stopped buying the AI dream

      20 May 2026
      Troubling questions over South African internet infrastructure attacks

      Troubling questions over South African internet infrastructure attacks

      19 May 2026
      Eskom threatens to cut power to Joburg

      Eskom threatens to cut power to Joburg

      19 May 2026
      DDoS extortionists 'carpet bomb' South African internet hosts - Warwick Ward-Cox

      Extortionists ‘carpet bomb’ South African internet hosts

      19 May 2026
    • World
      Vatican confronts the age of artificial intelligence. Edgar Beltrán/The Pillar 

      Vatican confronts the age of artificial intelligence

      19 May 2026
      The walkout that could hit every laptop and AI server - Samsung

      The walkout that could hit every laptop and AI server

      18 May 2026
      Pop star sues Samsung for $15-million - Dua Lipa

      Pop star sues Samsung for $15-million

      11 May 2026
      OpenAI's new audio APIs aim for conversational voice agents

      OpenAI’s new audio APIs aim for conversational voice agents

      8 May 2026
      'It was my idea': Musk claims paternity of OpenAI - Elon Musk

      ‘It was my idea’: Musk claims paternity of OpenAI

      29 April 2026
    • In-depth
      Alfa's electric rebel - Alfa Romeo Junior Elettrica Veloce

      Alfa’s electric rebel

      29 April 2026
      Africa switches on as Europe dims the lights

      Africa switches on as Europe dims the lights

      9 April 2026
      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
      Datatec is firing on all cylinders - 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
    • TCS
      TCS+ | The Up&Up Group on the hidden cost of AI - Jason Harrison

      TCS+ | The Up&Up Group on the hidden cost of AI

      13 May 2026
      Michael Rossouw

      TCS+ | The retirement decision most South Africans get wrong

      6 May 2026
      TCS | The Cape Town start-up listening for TB with AI - Braden van Breda

      TCS | The Cape Town start-up listening for TB with AI

      4 May 2026

      TCS+ | ‘The ISP for ISPs’: Vox’s shift to wholesale aggregator

      20 April 2026
      TCS | Werner Lindemann on how AI is rewriting the infosec rulebook

      TCS | Werner Lindemann on how AI is rewriting the infosec rulebook

      15 April 2026
    • Opinion
      AI won't fix your culture - it will expose it - Jackie Kennedy

      AI won’t fix your culture – it will expose it

      19 May 2026
      Free calls, dead voice and Shameel Joosub's Spanish ghost - Duncan McLeod

      Free calls, dead voice and Shameel Joosub’s Spanish ghost

      22 April 2026
      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
      Free calls, dead voice and Shameel Joosub's Spanish ghost - Duncan McLeod

      Apple just dropped a bomb on the Windows world

      5 March 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
      • CM Telecom
      • Contactable
      • 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
    Network with industry leaders at Pan African DataCentres event

    Network with industry leaders at Pan African DataCentres event

    20 May 2026
    Why online learning is the future of education - Mweb

    Why online learning is the future of education

    20 May 2026
    Digital Parks Africa expands global network reach with Cogent

    Digital Parks Africa expands global network reach with Cogent

    19 May 2026
    Opinion
    AI won't fix your culture - it will expose it - Jackie Kennedy

    AI won’t fix your culture – it will expose it

    19 May 2026
    Free calls, dead voice and Shameel Joosub's Spanish ghost - Duncan McLeod

    Free calls, dead voice and Shameel Joosub’s Spanish ghost

    22 April 2026
    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

    Subscribe to Updates

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

    Latest Posts
    Network with industry leaders at Pan African DataCentres event

    Network with industry leaders at Pan African DataCentres event

    20 May 2026
    Why online learning is the future of education - Mweb

    Why online learning is the future of education

    20 May 2026
    Google launches the biggest reinvention of search in 25 years

    Google launches the biggest reinvention of search in 25 years

    20 May 2026
    Gen Z has stopped buying the AI dream - Eric Schmidt

    Gen Z has stopped buying the AI dream

    20 May 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}