Attacks against journalists in Eastern and Southern Africa
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COVID-19 Response in Africa:
Together for Reliable Information
Attacks against
journalists in Eastern
and Southern Africa
March 2020–September 2021
This briefing is part of the
COVID 19 Response: Together
for Reliable Information
programme, supported by
Regional report
the European Union
2 3
Contents About this project
In 2020, ARTICLE 19, Deutsche Welle Akademie, Fondation Hirondelle, Free
Executive summary 4 Press Unlimited, International Media Support, and Reporters Without Borders,
in collaboration with UNESCO, joined forces to provide a rapid response to the
Abbreviations 6 COVID-19 crisis in Africa. This 18-month project – COVID-19 Response in Africa:
Together for Reliable Information – received 95% of its funding from the EU.
Introduction 7 The overall objective of the project was to provide essential, timely support, and
COVID-19 in Eastern and Southern Africa 7 materials to independent media, journalists, and fact checkers in Sub-Saharan
Africa to help them fulfil their role of providing quality and reliable information,
The importance of journalists in a pandemic 8 and to overcome the risks they faced during the crisis. It also aimed to:
Methodology 9 1. R
aise awareness and mobilise local stakeholders on the safety of journalists
Scope of the research 9 reporting on COVID-19 and the need for legislation passed in response to
the pandemic to meet international standards on freedom of expression;
Definition of journalism 9
2. P
ressure local state actors and/or add to the momentum for change on the
Relevant human rights laws and standards 10 above issues;
International standards 10
3. C
reate a strong, local, multi-stakeholder network to advocate for the
Freedom of expression 10
essential function of a free and independent media with authorities and
The safety of journalists 11 institutions; and
Criminalising defamation 11
Criminalising ‘false news’ 11 4. S
trengthen mechanisms and collaboration for the protection of freedom of
expression, access to information, and other fundamental freedoms in the
Misuse of licensing schemes 11 selected countries.
Misuse of accreditation schemes 12
As part of the project, ARTICLE 19 worked with civil society and media actors in
Human rights violations against journalists in the context of COVID-19 13 10 countries to conduct national-level advocacy and to monitor the legal, policy,
Problematic legislation and regulations 14 and operational environment regarding the provision of reliable information
on COVID-19. The project also included advocacy around misinformation
Criminalising ‘false news’ 14 and misrepresentation, as well as cases of violations, infringements of press
Criminalising defamation 16 freedom and the right to information, and attacks on journalists and media
houses in the countries targeted.
Misuse of licensing schemes and fines 16
Attacks against journalists 17 ARTICLE 19 West Africa supported partners in Ghana, Nigeria, and Senegal,
while ARTICLE 19 Eastern Africa supported partners in Ethiopia, Kenya, South
Physical attacks 17 Africa, South Sudan, Sudan, Tanzania, and Zimbabwe.
Threats and verbal attacks 19
Arbitrary arrests and detentions 22
Misuse of licensing schemes and fines 28
Conclusion and recommendations 30
Recommendations 31
Regional report Contents Regional report About this project
4 5
Executive summary
Everyone has the right to express Journalists play a vital role in disseminating
information to the public and holding the
themselves freely and through any authorities to account – and are therefore
medium: orally, in writing, and online. indispensable during a pandemic. However,
The right to freedom of expression our monitoring of violations against journalists
reporting on COVID-19 in various Eastern and
includes the right to access Southern African countries from March 2020–
information, which is crucial in a September 2021 found that, far from being Kenya: Police beating up ferry commuters for
pandemic, when people urgently need supported in their crucial work, they often became allegedly violating curfew rules. Some journalists
who reported on the incidents were beaten and their
the targets of attacks by state agents.
to know how to protect themselves equipment confiscated. (Photo: Nation Media Group)
and their communities, what public As well as documenting these violations, this
health measures the authorities have report analyses governments’ actions in the region
against their international obligations to protect
put in place, and how they can access the right to freedom of expression and access to
services. During a public health
crisis, people must also be able to
information, to prevent and investigate attacks
against journalists, and to bring perpetrators to
Recommendations
justice. It also offers recommendations for the ARTICLE 19 calls on the governments of Ethiopia, Kenya, South Africa, South
be informed about and scrutinise the governments of each of the seven countries Sudan, Sudan, Tanzania, and Zimbabwe to:
measures their authorities are taking, investigated: Ethiopia, Kenya, South Africa, South
and to hold them accountable for Sudan, Sudan, Tanzania, and Zimbabwe. • I mplement the recommendations of the resolution on the safety of
their actions. journalists, adopted by the UN Human Rights Council (HRC) on 6 October
2020, which provide guidance on ensuring the safety of journalists in the
context of COVID-19; and
• emove all provisions in laws and regulations criminalising defamation,
R
Key findings 1
hile a number of
W
‘false news’, and similar concepts, and ensure all speech- and COVID-19-
related legislation conforms to international standards on freedom of
attacks were carried expression.
• tate agents in Kenya, South Africa, Sudan, Tanzania, and Zimbabwe
S 1
out against journalists
subjected journalists reporting on COVID-19 to physical attacks, arbitrary in Ethiopia and South
arrests and detentions, and/or verbal threats; Sudan, ARTICLE 19 ARTICLE 19 further calls on the governments of Kenya, South Africa, Sudan,
is not aware of any Tanzania, and Zimbabwe to:
• L
aw-enforcement officers used restrictions brought in to combat COVID-19 verified attacks in
as an excuse for these violations, even when journalists were exempt from these countries that
specifically related to • ake all measures necessary to guarantee the safety and security of
T
the restrictions;
journalists’ reporting journalists by ensuring all law-enforcement and military officers are aware
• T
he authorities failed to investigate all but one of these violations, no on COVID-19, or that that arbitrary arrests, detentions, and brutality will not be tolerated;
perpetrator is known to have been held accountable, and no journalist is perpetrators used
COVID-19 regulations to • I nvestigate all reports of human rights violations perpetrated against
known to have received any effective remedies for the violation of their
justify. As such, they did journalists and ensure that, in cases of violations, investigations are carried
rights, deepening an already concerning culture of impunity for attacks not fall under the scope out and perpetrators held accountable in trials meeting fair trial standards;
against journalists; of the research.
• nsure there are reparations for victims of violence by law-enforcement and
E
• L
aws criminalising ‘false information’ were used to arrest and charge
military officers, including adequate compensation;
journalists reporting on COVID-19 in most of the countries monitored,
despite such laws violating international human rights standards; and • I mplement the provisions of the African Commission Declaration of
Principles on Freedom of Expression and Access to Information in Africa
• L
icensing schemes – which are considered a breach of the right to
2019, including in relation to the safety of journalists; and
freedom of expression under international law – were used to suspend
or fine journalists and media houses for reporting on the pandemic. • nsure requirements for accreditation and licensing schemes are not
E
misused to prevent journalists from reporting.
Regional report Executive summary Regional report Executive summary
6 7
Abbreviations Introduction
ACHPR African Commission on Human and Peoples’ Rights COVID-19 in Eastern and
Southern Africa
DCI Directorate of Criminal Investigations
Of the seven countries featured in this report, South Africa recorded the first
case of COVID-19 (5 March 2020), closely followed by Ethiopia, Kenya, and
Sudan (all 13 March) and later Tanzania (16 March), Zimbabwe (20 March),
HRC UN Human Rights Council and South Sudan (5 April).
As a measure to contain the spread of the virus, South Africa and Zimbabwe
put in place strict lockdowns, while Kenya and Sudan imposed partial
ICCPR International Covenant on Civil and Political Rights lockdowns and curfews. Other restrictions in the region included the
closing of borders, restrictions on flights from certain countries, bans on
public gatherings, and school closures. All seven countries implemented a
requirement to wear masks and wash or sanitise hands frequently. In Tanzania,
IPID Independent Police Investigative Directorate
however, then-President John Magufuli declared the country free of COVID-19
in June 2020. Thereafter, very little information was provided to residents of
Tanzania regarding the pandemic in the country and any measures being taken
PPE Personal protective equipment to prevent its spread. The situation changed a year later after the death of
President Magufuli on 17 March 2021. There were rumours that he had died of
COVID-19.
SANEF South African National Editors’ Forum Since the initial imposition of COVID-19 measures, states have lifted or
eased measures such as lockdowns and curfews depending on national
infection rates and socioeconomic considerations. Most states are still
encouraging citizens to practise social distancing, wear face masks, wash or
SAPS South African Police Services
sanitise hands frequently, and avoid public gatherings that do not adhere to
COVID-19 protocols.
TCRA Tanzania Communications Regulatory Authority Vaccination campaigns began in the region in early 2021. Despite
recommendations from the UN and the African Union to ensure at least 70%
of the population were vaccinated by the end of 2021, accessing vaccines has
been challenging for low-income countries, and vaccine inequity is putting
UDHR Universal Declaration of Human Rights more people at risk of infection – and possibly death. In September 2021,
the percentage of fully vaccinated people in the region ranged from 1.23%
(Ethiopia) to 26% (South Africa), while countries in the region continued to
implement measures to contain the virus.
WHO World Health Organization
Regional report Abbreviations Regional report Introduction
8 9
The importance of journalists in Methodology
a pandemic
Everyone has the right to express themselves freely: orally, in writing, and
online. The right to freedom of expression includes the right to access
information, which is particularly important in a pandemic, when people The information in this report is based on a review of secondary material,
urgently need to know how to protect themselves and their communities, including print and digital media, statements from media watchdogs and
what public health measures the authorities have put in place, and how they
can access services. In such a crisis, people must also be able to question
journalists’ representative bodies, and relevant legislation.
the measures their authorities are taking, and to hold them accountable for
The data was grouped into key themes, including physical attacks and killings, arbitrary arrests
their actions.
and detentions, threats and verbal attacks, restrictions in regulations, gender-based violations,
The work of journalists has therefore been indispensable since the advent of suppression of access to information, and disinformation/misinformation.
COVID-19. They have ensured the free flow of information in society, enriched
Scope of the research
public debate, and popularised health information from scientific sources
– roles that, while always important, can be matters of life or death in a
pandemic. Journalists have also held governments and other powerful actors
accountable for their actions, including public health measures, the provision of While there were numerous attacks against journalists and freedom of
timely and accurate information, and the distribution of resources. expression in the period covered, this report focuses solely on those related
to the pandemic. In other words, it looks only at attacks perpetrated against
Despite the danger of being exposed to the virus themselves, the challenges
journalists in response to their reporting on COVID-19, or through the use of
of media reporting on the ground, lockdowns, curfews, and psychological and
laws and regulations adopted in response to the pandemic.
financial constraints, journalists have continued to work for the public good
throughout the pandemic. They have attended and reported on daily press
conferences with the authorities, asking vital questions and obtaining clarity for
the population. They have also exposed and denounced irregularities regarding Definition of journalism
the authorities’ response to the pandemic. In Kenya, for instance, journalists
The report uses the definition of journalism set out in the International
reported on public authorities’ misappropriation of COVID-19 funds, including
Covenant on Civil and Political Rights (ICCPR), which recognises it as ‘a
the Kenya Medical Supplies Authority scandal. Journalists in South Africa and
function shared by a wide range of actors, including professional full-time
Zimbabwe reported on similar irregularities – which, unfortunately, were part of
reporters and analysts, as well as bloggers and others who engage in forms
a global trend.
of self-publication in print, on the internet or elsewhere’. This definition
Of the countries in this report that imposed lockdowns or curfews, ARTICLE recognises journalism as an activity, and includes forms of journalism – such
19 is aware that Kenya, South Africa, and Zimbabwe recognised journalists as blogging and citizen journalism – that have developed in the context of online
as essential workers. But across the region, despite their indispensable role, communication.
many journalists experienced mounting barriers to carrying out their work. This In this report, we use the term ‘journalists’ to refer to individuals who are
is concerning as it contravenes most – if not all – states’ constitutions, which dedicated to investigating, analysing, and disseminating information through
enshrine the right to freedom of expression and access to information, as well any type of written, broadcast (television or radio), or electronic media.
as states’ international obligations to protect freedom of the press.
Regional report Introduction Regional report Methodology
10 11
Relevant human rights The safety of journalists
Several international standards highlight the
Criminalising
‘false news’
laws and standards
importance of protecting journalists in relation
The Declaration of Principles on Freedom of
to the right to freedom of expression and access
Expression further calls for the repeal of laws
to information. These include the Human Rights
criminalising the publication of ‘false news’.
Committee’s General Comment No. 34 and the
Human rights monitors have reiterated this
Declaration of Principles on Freedom of Expression
call in relation to COVID-19, when governments
and Access to Information in Africa. The HRC, UN
around the world have implemented emergency
General Assembly, and UN Security Council have
legislation that curtails media freedoms, using
further adopted resolutions on the safety
International standards of journalists.
the justification of curtailing the spread of ‘false
news’ about the virus. The UN Special Rapporteur
On 6 October 2020, the HRC adopted its latest on freedom of expression has stated that the
Freedom of expression resolution, 45/18 of 2020, which looks at the safety criminalisation of false news is ‘disproportionate,
of journalists within the context of COVID-19. fails to achieve its goal of tamping down
The right to freedom of expression is protected While the right to freedom of expression is The resolution acknowledges ‘the coronavirus information, and deters individuals from sharing
by Article 19 of the Universal Declaration of fundamental, it is not absolute. A state may, disease crisis has significant implications for what could be valuable information’. International
Human Rights (UDHR), Article 19 of the ICCPR, exceptionally, limit the right under Article 19(3) of the work, health and safety of journalists and bodies have further expressed concern that
and Article 9 of the African Charter on Human the ICCPR, provided that the limitation is: media workers’, and expresses deep concern that attempts to criminalise false information about
and Peoples’ Rights (the African Charter). The it ‘increases the vulnerability of journalists and COVID-19 may ‘create distrust in institutional
UN Human Rights Committee, the treaty body • rovided for by law: Any law or regulation
P weakens media sustainability, independence and information, delay access to reliable information
of independent experts monitoring states’ must be formulated with sufficient precision pluralism and worsens the risk of the spreading and have a chilling effect on freedom
compliance with the ICCPR, developed General to enable individuals to regulate their conduct of misinformation and disinformation by limiting of expression’.
Comment No. 34, which expands on the meaning accordingly; access to a wide range of reliable information
of the right to freedom of expression. The African Instead of criminalising such false information,
and opinions’. It further calls on states to
Commission on Human and Peoples’ Rights • I n pursuit of a legitimate aim: Listed states should ensure government efforts to
‘consider, wherever possible, devising appropriate
(ACHPR) also developed the Declaration of exhaustively as respect of the rights or counter it are based on ‘full, honest and evolving
mechanisms to provide financial support to the
Principles on Freedom of Expression and Access reputations of others, the protection of national communication with the public, the promotion and
media, including local journalism and investigative
to Information in Africa, which explains the right to security or public order (ordre public), or the protection of an independent press, and the careful
reporting, and to ensure that support is given
freedom of expression in the African Charter. protection of public health or morals; and and public correction of misinformation’.
without compromising editorial independence’.
The scope of the right to freedom of expression • ecessary and proportionate in a democratic
N
society: If a less intrusive measure can achieve Criminalising defamation Misuse of
is broad. It guarantees to all people the ‘freedom
to seek, receive and impart information and the same purpose as a more restrictive one, the licensing schemes
least restrictive measure must be applied. The ACHPR passed Resolution 169 on Repealing
ideas of all kinds, regardless of frontiers, either
Criminal Defamation Law in Africa on 24 The ostensible purpose of licensing schemes is
orally, in writing or in print, in the form of art, or
Furthermore, in terms of Article 20(2) of the November 2010. The resolution emphasises that usually to ensure that the task of informing the
through any other media of his choice’ (Article 19
ICCPR, freedom of expression may be limited ‘criminal defamation laws constitute a serious public is reserved for competent persons of high
of the ICCPR).
if it constitutes advocacy of national, racial, interference with freedom of expression and moral integrity. In practice, however – as some
The right to access information is a key or religious hatred that constitutes incitement impedes on the role of the media as a watchdog, of the cases in this report show – the power to
component of the right to freedom of expression. to discrimination, hostility, or violence. Such preventing journalists and media practitioners from distribute licences can become a political tool,
In the context of a global pandemic, the right to expression must be prohibited by law. doing their work without fear and in good faith’. It used to prevent critical or independent journalists
freedom of expression and access to information calls on state parties to repeal criminal defamation from publishing. For this reason – and simply
become of paramount importance in ensuring Article 9(2) of the African Charter also reiterates laws or insult laws, which impede freedom of because the right to express oneself through the
all are aware of how to reduce the risk of that the right to express and disseminate opinions speech, and to adhere to the provisions of freedom mass media belongs to everyone, irrespective
contracting the virus, thereby advancing the right must be ‘within the law’. In addition, the Declaration of expression articulated in the aforementioned of qualifications or moral standing – licensing
to health. Access to information is also important of Principles on Freedom of Expression and regional and international instruments. The call schemes for media workers are considered to be
for holding authorities accountable for the Access to Information in Africa provides the to repeal criminal defamation laws was reiterated in breach of the right to freedom of expression.
distribution of services and public funds related requirement that any laws suppressing expression in the Declaration of Principles on Freedom of
to the COVID-19 response. must be legitimate, necessary, and proportionate. Expression and Access to Information in Africa
of 2019.
Regional report Relevant human rights laws and standards Regional report Relevant human rights laws and standards
12 13
Human rights violations
account that journalism is a function shared by
Misuse of accreditation a wide range of actors’. Similarly, the UN Special
schemes Rapporteur on the right to freedom of opinion
and expression has recommended that: ‘States
against journalists in the
While accreditation schemes can be genuinely should especially avoid imposing obstacles, such
necessary, they are also a common source of as accreditation procedures … that undermine
abuse. Governments often refuse to grant press independent media’.
cards to critical journalists, or require possession
of such cards in situations where there are no
authentic space or other constraints.
To address these problems, various international
During a pandemic, it becomes even more
crucial that law-enforcement authorities do not
use accreditation schemes as an excuse to
prevent journalists from conducting their work,
context of COVID-19
bodies have developed standards that states’ as the cases in this report illustrate. Indeed, in
accreditation schemes must meet. Most notably, Resolution 45/18 on the safety of journalists, the
the HRC, in General Comment No. 34, has clarified HRC expressed alarm at the ‘disproportionate and
that: ‘Such schemes should be applied in a manner undue restrictions on access to information or In response to COVID-19, the Across the region, authorities also arrested
that is non-discriminatory and compatible with censorship, freedom of movement or accreditation, journalists for making statements about COVID-19
article 19 and other provisions of the Covenant,
governments of Eastern and Southern that they deemed false or irresponsible. State
of journalists and media workers linked to their
based on objective criteria and taking into reporting on the pandemic’. Africa implemented legislation and security agents in most of the countries monitored
regulations with the ostensible aim (Kenya, South Africa, Sudan, Tanzania, and
Zimbabwe) also threatened, physically attacked,
of curbing the spread of the virus. and/or arbitrarily arrested journalists, alleging that
However, some of these measures they were violating COVID-19 regulations. Such
had a chilling effect on the right to attacks were also noted in Ethiopia and South
Sudan; however, ARTICLE 19 is not aware of any
freedom of expression and prevented verified attacks in these countries that specifically
journalists from carrying out their related to journalists’ reporting on COVID-19, or
vital work. that perpetrators used COVID-19 regulations to
justify, so they did not fall under the scope of
In addition, some states used existing laws in the research.
a punitive way – either to punish journalists for
their critical reporting on the pandemic or to This section reports on our research findings
suppress such reporting – in an apparent attempt in Eastern and Southern Africa, starting with
to control the narrative. State security agents in problematic legislation and regulations before
the region also threatened, physically attacked, moving on to attacks against journalists and,
and/or arbitrarily arrested journalists reporting on finally, the misuse of licensing schemes to stifle
COVID-19. freedom of expression.
Regional report Relevant human rights laws and standards Regional report Human rights violations against journalists
14 15
Problematic legislation and regulations
further, prohibiting any statement of false
information related to COVID-19 regardless of
whether that statement had any actual negative
consequences. Section 11(5) of the Regulations
Criminalising ‘false news’ Criminalising false information in new makes it an offence to publish:
COVID-19 regulations
Since the advent of COVID-19, conflicting
information and opinions have proliferated online, Kenya, South Africa, and Zimbabwe included
much of which has been presented as fact despite provisions that criminalised false information
being untrue or unproven. Some states have in the regulations they adopted in response to any statement, through any
sought to suppress what they see as harmful ‘false COVID-19.
news’ in an attempt to control the narrative around medium, including social media,
the virus. In an ostensible attempt to prevent false with the intention to deceive any
information from causing widespread panic, Kenya South Africa: Police Minister Bheki Cele, Gauteng
Three countries in the region (Kenya, South Africa, prohibited ‘circulating false alarm or warning’ other person about— (a) COVID-19; Provincial Commissioner Lt General Mawela, and
and Zimbabwe) criminalised the publication of in Article 36(b) of its Pandemic Response and (b) COVID-19 infection status of SAPS officers patrolling in Krugersdorp in the
presence of the media in May 2020. (Photo: SAPS)
‘false news’ in the regulations they introduced Management Bill, 2020:
to tackle COVID-19, and four countries (Ethiopia,
any person; or (c) any measure
Kenya, Sudan, and Tanzania) used existing taken by the Government to
have been used to threaten journalist Lana Awad
legislation to punish journalists for what they address COVID-19. Sabeel for her reporting on COVID-19 in Al-Fashir,
deemed to be the publication of false information.
North Darfur. In July 2020, the authorities amended
A person who knowingly … (b) this law, increasing the penalty from one year to
makes or circulates a false Such an offence is punishable by a fine, up to
four years, flogging, or both.
alarm knowingly or warning as six months’ imprisonment, or both. At least two
In Tanzania, the Cybercrime Act 2015,
broadcasters were fined in the country for allegedly
to a pandemic or its severity publishing false information.
Statistics Act 2015, and Electronic and Postal
Communications (Online Content) Regulations
or magnitude leading to panic, 2018 (the latter of which was amended in July
In an echo of the controversial false information
commits an offence and is provision in Section 31(a)(iii) of its Criminal
2020) all contain provisions criminalising the
liable on conviction to a fine not Law Codification Act, Zimbabwe focused on the
publication of what the state deems to be false
information. This was particularly problematic
exceeding one million shillings or publication of false information about public
given that, at the time, then-President John
officials in the context of COVID-19. Section 14
to imprisonment for a term not of the Public Health Order 2020 prohibits ‘false
Magufuli denied COVID-19 even existed in the
country. As shown below, these laws were used
exceeding one year, or to both. reporting during national lockdown’ and publishing
against at least four journalists and two media
or communicating ‘false news about any public
outlets for their reporting on the pandemic.
officer, official or enforcement officer involved with
enforcing or implementing the national lockdown
In addition to the false information provisions in
in their capacity’. It provides a punishment of a fine
At least one blogger has been charged under its new pandemic-related regulations, Kenya used
and/or imprisonment of up to 20 years – a grossly
this offence in Kenya. ARTICLE 19 has previously existing provisions in Sections 23 and 24 of the
disproportionate penalty.
Ethiopia: Prime Minister Abbiy Ahmed, who issued raised concerns regarding these provisions, which Computer Misuse and Cybercrimes Act, 2018,
a directive regulating press coverage of COVID-19. are vaguely formulated, do not enable individuals which carry criminal sanctions of 2 and 10 years
(Photo: Nation Media Group) Criminalising false information in respectively. ARTICLE 19 has documented at least
to appropriately regulate their actions, and do
not require a person to act with specific intent to existing regulations 10 journalists (including online communicators
cause certain harm. Furthermore, the penalties and human rights defenders) who have been
Other states, rather than including false arrested or threatened with prosecution under
ARTICLE 19 has previously raised concerns are disproportionate – particularly the custodial
information provisions in their new COVID-19 Section 23 of the Act for allegedly publishing and
about all these provisions and called for them sentences. As discussed shortly, Kenya has also
regulations, used existing legislation to punish spreading ‘false and alarming information’ on
to be repealed. They fail to meet the three-part used existing legislation to charge journalists with
journalists for what they deemed to be the social media about COVID-19.
test for restricting freedom of expression and, as the publication of ‘false news’.
publication of false information.
discussed in the previous section, run counter to
While Kenya’s law apparently sought to prevent At the very start of the pandemic, on 23 March
international human rights standards that call for In Sudan, Article 24 of the Law on Combating
only false information that led to panic, South 2020, Ethiopia enacted the Proclamation to Prevent
the decriminalisation of false information. Cybercrimes of 2018 – which prohibits the
Africa’s Disaster Management Act, 2002 (the the Spread of Hate Speech and False Information
publication of ‘fake news’ with the intent of with the stated intention of ensuring that, in the
Disaster Management Regulations 2020) went
spreading fear, ‘threatening public peace or exercise of freedom of expression, individuals
decreasing the prestige of the state’ – appears to would not engage in speech that incites violence,
Regional report Human rights violations against journalists Regional report Human rights violations against journalists
16 17
Attacks against journalists
is likely to cause public disturbance, or promotes
hatred and discrimination against a person, group,
Criminalising defamation
or community based on ethnicity, religion, race, At least one state – Sudan – used existing
gender, or disability (Section 3). Although this criminal defamation laws to suppress any negative In Eastern and Southern Africa, journalists faced
law was not specifically enacted in response to reporting on its response to the pandemic. violations ranging from physical attacks to verbal
the pandemic, ARTICLE 19 was concerned that it Journalist Lana Awad Sabeel, who was reportedly threats, arbitrary arrests and detentions, and
could be used against journalists for their reporting threatened with charges of spreading ‘false news’, politically motivated prosecutions while carrying
on COVID-19. As well as potentially criminalising was also apparently threatened with charges of out their work in the context of COVID-19. Law-
‘hate speech’ in a manner that does not meet criminal defamation, in contravention of Article enforcement officers and state security agents
the threshold for doing so, this law contains 289 of the Penal Code, for her reporting on the carried out almost all of these attacks.
disproportionate penalties of up to three years’ pandemic.
imprisonment for disseminating ‘false information’ The protection of journalists, and ending impunity
by any means. While no journalist is known to have been for attacks against them, is a global priority for
charged with defamation in South Sudan for their safeguarding freedom of expression. Threats, Kenya: Police beating up ferry commuters for allegedly
Another law used to maintain the state’s monopoly reporting on the pandemic, the country’s Penal attacks, arbitrary arrests, and detention – and, in violating curfew rules. Some journalists who reported
on information was the Statistics Act of 2015. on the incidents were beaten and their equipment
Code also criminalises defamation. Article 291 the gravest cases, enforced disappearances or confiscated. (Photo: Nation Media Group)
Sections 37 (4) and (5) state it is an offence for criminalises the printing or engraving of matter killings – constitute a violation of not only the right
a ‘radio station, television station, newspaper or known to be defamatory, punishable by a fine, up to freedom of expression but also the rights to life,
magazine, website or any other media’ to publish to two years’ imprisonment, or both. Article 292 bodily integrity, and sometimes health.
‘false statistical information’, or for an ‘agency or
person’ to publish ‘official statistical information
further criminalises the sale of printed, engraved, Kenya: Police officers
or inscribed substances containing defamatory
which may result in the distortion of facts’. matter, with the same penalties.
Physical attacks assault journalists
Given the broad definition of ‘official statistical
information’, this would mean the publication of all Physical attacks include beating, kicking, slapping, reporting on police
statistics – regardless of their source, which may Misuse of licensing schemes and any other form of attack that inflicts physical brutality
pain or injury on a person. Such attacks may
be deemed ‘false’ – is considered a ‘distortion of and fines constitute a violation of the right to bodily integrity.
facts’, and punishable by a ‘fine not less than two
Security agents, including the police, are required On 27 March 2020, Peter Wainaina, a
million shillings (US$ 1,200)’, ‘imprisonment for a In Tanzania, the Electronic and Postal
term of not less than six months’, or both. to use non-violent means when carrying out their cameraman with Nation Media Group
Communications (Online Content) Regulations
work. They can only use force when it is impossible NTV, was reportedly covering a story
2018 (amended on 17 July 2020) were used to
South Sudan also has provisions in its Penal to carry out their objective through other means –
charge journalists and suspend media outlets’ in Mombasa, where police officers
Code that criminalise the publication of false and that objective must be legitimate. Furthermore,
licences, including for their reporting in relation
information. These include Articles 75 and 76, any use of force must be proportionate to the threat were beating commuters who were
to COVID-19. ARTICLE 19 has previously raised
which carry prison sentences of up to 20 years posed and/or the harm a law-enforcement official attempting to board the ferry before
concerns regarding these regulations – not least
for the publication of false information in general is seeking to avoid. In other words, the use of force
that they enforce licensing for bloggers, online the dusk-to-dawn COVID-19 curfew
and up to 1 year for false statements about the must be legitimate, necessary, and proportionate.
discussion forums, and radio and television the government had imposed that
President. However, these are not known to have webcasters; repress online speech, privacy,
been used against journalists for their reporting on We found cases in Kenya, South Africa, and day. As Wainaina filmed the scene, an
and access to information; and prohibit many
COVID-19. Zimbabwe of excessive use of force against Administration Police officer brutally
categories of content – and called for them to be
journalists carrying out their work in relation to
repealed in their entirety. attacked him, while Wainaina’s
COVID-19. State agents carried out all of these
attacks; specifically, police officers were nearly colleague recorded the assault. The
ARTICLE 19 identified similar legislation of concern
always the perpetrators, attacking journalists who assault was roundly condemned by
in South Sudan. Section 19 of the Media Authority
were reporting on their enforcement of COVID-19
Act provides for media registration and licensing, Kenya Editors Guild, Kenya Union
regulations. ARTICLE 19 documented four such
and the Media Authority has often used this to of Journalists, and human rights
cases in Kenya and a further four in Zimbabwe, as
summon and sanction journalists perceived to be
well as one case in South Africa. In most (if not organisations. No action is known to
critical of the government. However, as with the
all) of the countries considered in this report, the have been subsequently taken against
other laws of concern in South Sudan, ARTICLE 19
authorities have a history of using excessive force
did not register any cases where it was specifically the officer.
with little or no accountability.
used against journalists for their reporting on
COVID-19 in the time period covered.
While there may have been cases of excessive Two days later, on 29 March, police
use of force against journalists in Ethiopia, South
officers reportedly attacked Weru
Sudan, Sudan, and Tanzania during the reporting
period, ARTICLE 19 did not record any verified case TV cameraman George Muriithi as
that specifically related to journalists’ reporting in
the context of COVID-19.
Regional report Human rights violations against journalists Regional report Human rights violations against journalists
18 19
he filmed police officers and Zimbabwe: Police
government administrators using
assault journalists with
violence to enforce social-distancing
rules on traders in Mitunguu market,
truncheons and sjamboks
Meru County.
In Harare on 24 June 2020, police
reportedly assaulted two journalists,
A similar attack reportedly occurred
Munashe Chokodza and Leopold
on 2 April, when security guards from
Munhende, claiming they were
the County Government of Kiambu
contravening lockdown regulations.
assaulted and arrested Mukoya Aywah
This was despite the High Court
and confiscated his camera.
having recognised journalists as
essential workers on 20 April (which
authorities confirmed in the third
amendment of Statutory Instrument South Africa: South African National Defense
Zimbabwe: Police beat
Forces soldiers and SAPS officers patrolling
93 of 2020 on COVID-19 Prevention, and enforcing COVID-19 regulations in Soweto,
journalist and force him
Gauteng, in June 2020. (Photo: Getty Images)
Containment and Treatment of the
Public Health Order (‘the Public
to delete footage of police
Health Order’) 2020), meaning that
operation police could not arrest journalists for
Editor of Mahokare News assaulted and detained by police
working during the pandemic or for officers in Meqheleng
On 3 April 2020, police approached violating lockdown.
journalist Panashe Makufa as he In South Africa, police officers beat Paul Nthoba, Editor of Mahokare News, whom
filmed them dispersing people in a they also later threatened (see later case study). Members of the South African Police
According to Chokodza and
lockdown-enforcement operation. Services (SAPS) allegedly kicked and punched Nthoba while he was working on a story
Munhende, they were returning
He reportedly showed them his press about the police enforcing lockdown rules and regulations.
from work when they encountered a
card, which the police dismissed as
group of soldiers and police officers,
having expired, despite a directive
who demanded to know where they
by the Zimbabwe Media Commission
had come from. They explained that No investigation is known to have been carried out may include surveillance or trailing, harassing
that journalists should be allowed to into any of these cases, except that of Paul Nthoba phone calls, arbitrary judicial or administrative
they were journalists and showed
continue using their 2019 press cards in South Africa. ARTICLE 19 is further unaware of harassment, aggressive declarations by public
their press cards. The soldiers then
throughout 2020. The police then any criminal or disciplinary action taken against officials, or other forms of pressure that can
said journalists thought they were the alleged perpetrators, despite the states having jeopardise the safety of journalists in pursuing
reportedly instructed him to get into
“special and needed to be dealt with.” a duty to ensure access to justice for all violations their work. Such threats can also have a chilling
a police vehicle, where they beat him of human rights (Article 2 of the ICCPR). effect on freedom of expression and the ability
Munhende said the police slapped,
and forced him to delete his footage. of journalists to conduct their work, leading to
tripped, and kicked them; assaulted
He was released without charge.
them with truncheons and sjamboks; Threats and verbal attacks self-censorship.
and ordered them to get up and run. ARTICLE 19 documented cases of threats against
Threats and verbal attacks include threats of
The police reportedly carried out a bodily harm, including death; may be direct
journalists for their reporting on COVID-19 in
similar act against freelance journalist South Africa and Sudan. There was also a case
or via third parties, via electronic or physical
of perceived intimidation and harassment against
Terence Sipuma on 11 April 2020 as he communications, and implicit or explicit; and may
journalists in Kenya.
was heading to cover a lockdown story. encompass references to killing a journalist’s
friends, family, or sources. These kinds of threats
They reportedly stopped him, rejected
his accreditation card, told him to lie
on the ground, and beat him. He was
released 15 minutes later.
Regional report Human rights violations against journalists Regional report Human rights violations against journalists20 21
In South Africa, members of the police reportedly In Kenya, journalists protested in response to a
threatened to physically harm two journalists, perceived threat of judicial action against two
Sudan: Military threats Jacques Marais and the aforementioned Paul journalists for an article they had published relating
Nthoba, on two separate occasions. to COVID-19.
against Aida Abdelgadir and
Lana Awad Sabeel
In Sudan, in May and June 2020, two South Africa: Police Kenya: Perceived threats
female journalists from Al-Fashir (the threaten to kill journalist of judicial action against
capital of North Darfur), Aida Abdelgadir Sudan: Solidarity poster produced for Aida Abdelgadir and
Lana Awad by their employer, Darfur 24. (Photo: Darfur 24)
Jacques Marais two journalists
and Lana Awad Sabeel, were subjected
to intimidation, harassment, threats, On 9 April 2020, police officers On 6 April 2020, the Directorate of
and summoning by the military for published, to support its response to the allegedly swore at and threatened Criminal Investigations (DCI) in
publishing articles and information on COVID-19 pandemic – including for PPE. to kill freelance journalist Jacques Nakuru summoned two journalists,
COVID-19 in the state. For fear of repercussions (and with the Marais. Marais, who was covering Julius Chepkwony and Daniel
support of their network), both journalists a lockdown story, was following a Chege, to explain the source of an
Abdelgadir told ARTICLE 19 they were had to flee to Khartoum, where they convoy of a dozen police vehicles and article they had published stating
intimidated and followed by military stayed for four months until they felt an army Casspir (four-wheel drive) that the Kenya Defence Forces Lanet
intelligence officers for three days in a safe enough to return. Internal flights vehicle in a Cape Town township Barracks was under lockdown due to
row in the last week of May and early were not operating due to COVID-19 when one of the police vehicles COVID-19. The journalists apparently
June, allegedly on the orders of the restrictions, so they had to travel the stopped in front of him, blocking felt threatened by this summons
military governor. During this period, long distance by car. his way. According to his report to because there was a perception that
the intelligence officers also allegedly the South African National Editors’ it might lead to criminal charges
threatened their livelihoods and families. The intimidation apparently stopped Forum (SANEF) and the South African or a subsequent lawsuit. This
The governor stopped Abdelgadir from after the Ministry of Information Freelancers’ Association, Marais said constituted a violation of journalists’
hosting her radio show. She also had to intervened, called the governor, and he then parked, got out of his car, and right to have their sources protected.
change her car to avoid surveillance and called Abdelgadir and Sabeel personally started photographing police officers It caused an uproar that saw Nakuru
had to ask her brother to drive her around to check on them. However, Sabeel’s beating up a civilian. journalists march to the DCI,
and her children to classes, as both a government employer, the state Ministry alongside Chepkwony and Chege,
practical measure and a means of Health, filed a complaint against Marais went on to say that, while to show solidarity with and protest
of protection. her based on Article 47 of the Criminal he was taking these photographs, against the harassment of their
Procedural Law, which allows entities two men who were part of the police colleagues. The journalists went to
Abdelgadir and Sabeel also received to open a police file pending further convoy confronted him, brandishing the DCI with a lawyer, but refused to
several anonymous phone calls investigation. According to a letter by 1.2-metre-long wooden clubs. On divulge their source, and the matter
threatening that the Military Intelligence a group of UN human rights experts to showing them his media accreditation ended there; the DCI did not take
Agency would arrest and torture them in the Government of Sudan, in June the card, Marais stated that they hurled it them to court as it had threatened.
response to the articles they published Informatics Offences Prosecution Office back at him and one of the policemen
on deaths due to COVID-19 in Al-Fashir announced that it was reviewing the told him to “leave, or you will die
and the shortage of personal protective complaint against Sabeel and would here today.” Marais left the scene and
equipment (PPE) among health workers. decide whether to dismiss it or charge reported the incident to SANEF.
Despite these threats against them, the her with ‘defamation’ and ‘spreading
Sudanese government reportedly sought false news’. The case did not proceed,
and received funding and assistance, however, due to the intervention of the
around the same time the articles were federal government.
Regional report Human rights violations against journalists Regional report Human rights violations against journalists22 23
International bodies, including the HRC and Where an arrest is arbitrary, the detention will
ACHPR, have raised concerns about threats also be arbitrary; and even where an arrest is not South Africa: Police beat,
against journalists by political and other figures. arbitrary, the detention will be arbitrary if continued unlawfully detain and
They have called on states to take steps to detention falls within one of the above categories.
ensure the security of journalists, including threaten Editor of
A number of the documented arrests in Eastern
carrying out prompt, effective, and impartial
investigations into threats and reprisals against and Southern Africa occurred while journalists
Mahokare News
them, as well as access to appropriate restitution, were covering police officers’ implementation of
compensation, and assistance. States are further COVID-19 regulations, and appear to have had no On 15 May 2020, police arrested Paul
required to ensure government officials publicly, legal basis. ARTICLE 19 further documented cases Nthoba, Editor of Mahokare News, after
unequivocally, and systematically condemn threats of journalists being arrested for their reporting
on the pandemic, including posts online, which he went to a police station to report
and attacks against journalists and refrain from
verbally attacking them. In addition, states must were alleged to constitute false information or police officers assaulting him earlier
take measures to prevent threats by non-state to contravene other laws. As discussed, false in the day. Members of the SAPS had South Africa: Paul Nthoba, Editor of the weekly
Mohokare News community newspaper, who was
actors. This does not appear to have happened information laws contradict international human
allegedly kicked and punched Nthoba assaulted and detained by South African police,
in any of the above cases – except, as will later rights laws and standards. These arrests therefore leading him to flee to Lesotho. (Photo: The Post)
be shown, the case of journalist Paul Nthoba. constitute arbitrary arrests, as they were carried while he was working on a story about
out in response to the journalists’ legitimate the police enforcing lockdown in local
exercise of human rights, specifically the right
Arbitrary arrests and to freedom of expression. Furthermore, other
communities. According to Nthoba, the
assault. After an initial meeting with
police started beating him up when
detentions laws appear to have been applied in a punitive
Nthoba, the IPID apparently did not
manner against journalists for their critical views they saw him taking pictures of them.
An arbitrary arrest is one that falls into one of the regarding actions taken by the authorities in The police were monitoring citizens’ speak to him further because it could
following categories, among others: relation to the pandemic. adherence to COVID-19 lockdown rules not locate him. It was later reported that
and regulations in the township of Nthoba had fled to Lesotho, and that he
• When it is clearly impossible to invoke any legal Arrests without a legal basis
basis justifying the deprivation of liberty; Meqheleng, close to the Lesotho border. had told Reporters Without Borders:
Some of the cases of arbitrary arrest and Nthoba stated that the same police “they promised to deal with me once
• When it is carried out without due regard to detention that ARTICLE 19 documented were I’m released.”
the international norms relating to the right to officers found him at the police station
carried out without a legal basis, including that
a fair trial, such as the right to presumption of of Paul Nthoba in South Africa, who (as where he reported the assault, and
innocence and right to a lawyer; or mentioned) was also beaten and threatened. further beat him. Nthoba finally returned to South Africa
Although he was not arrested as such, he was on 29 June 2020, following mediation
• When detention is used in response to the reportedly detained at a police station for a
Police detained Nthoba at the station for by a human rights organisation (the
legitimate exercise of human rights, such as few hours, without a legal basis, in a manner
arresting peaceful protesters for the mere several hours, releasing him after asking Transformation Resource Centre)
that constitutes an arbitrary detention.
exercise of their rights to freedom of opinion and assurances by the South African
him to sign a statement stating he had
and expression or freedom of association President, Cyril Ramaphosa, that he
and assembly. provoked police officers in the street and
taken a photo without their permission. would be safe. The IPID is reportedly
After media reports of the incident, investigating the case. No further
the Independent Police Investigative information had been issued at the
Directorate (IPID) released a statement time of writing (September 2021).
saying they were looking into the alleged
Regional report Human rights violations against journalists Regional report Human rights violations against journalists24 25
In Kenya, police reportedly arrested at least Arrests for alleged publication of
two journalists for allegedly violating COVID-19 ‘false news’
regulations, even though there was no legal basis Zimbabwe: Police Kenya: Blogger arrested
for such arrests; journalists were designated as arbitrarily detain In Kenya and Tanzania, the authorities used false
for tweet about official
essential workers, and were therefore exempt information laws to arrest and detain journalists
from the nationwide curfew that prevented people journalists for ‘working for their reporting or posts on COVID-19. failing to quarantine
from leaving their houses between the hours of with invalid cards’
7pm and 5am. In Kenya, at least two bloggers were arbitrarily
arrested and detained for such posts. On 25 March 2020, blogger Cyprian
On 30 March 2020, police arbitrarily Nyakundi was arrested for tweeting
Kenya: Journalists detained Kudzanai Musengi, a that a senior Kenya Revenue
correspondent with Voice of America, Authority official had left and
arrested for violating for working with an expired press Kenya: Blogger charged returned to the country without
curfew, despite being card. Musengi was taking pictures with publishing ‘false undergoing mandatory quarantine,
exempt of major retail shops for a story on information’ for tweeting in contravention of the government’s
lockdown compliance. While he was
about COVID-19 deaths COVID-19 regulations. He was accused
In Uasin Gishu on 29 March 2020, detained, police officers demanded of posting false news, in contravention
police arrested John Wanyama and to look through his mobile phone – of the Computer Misuse and
On 20 March 2020, blogger Robert Alai
Charles Kerecha, journalists from which he refused, since he had not Cybercrimes Act 2018. He was freed
was arrested and put in a police cell
Citizen TV, for apparently violating been charged. He was released later on cash bail.
for allegedly publishing ‘false news’
the curfew brought in two days that day without charge, after the
on COVID-19 in Kenya. He had
earlier to curb COVID-19. This was police’s public relations department
questioned the government on the
despite journalists and other media intervened.
actual number of cases in the country In Tanzania, four journalists and bloggers were
workers being exempt from the
by allegedly tweeting that two people similarly arrested.
curfew regulations because they were A few days later (2 April), police
had died of COVID-19 in Mombasa.
essential service workers. arrested Nunurai Jena – another Voice
His charge sheet stated: ‘On the 19th
of America journalist – in Chinhoyi,
day of March 2020 at an unknown
where he was photographing police
place within the Republic of Kenya,
Tanzania: Journalists
There were at least two cases in Zimbabwe inspecting the public’s compliance
posted on your twitter account arrested for posting about
in which journalists were arbitrarily arrested
without a legal basis. Police arrested the two
with COVID-19 regulations. Jena was
@RobertAlai to wit “Coronavirus: Is the COVID-19 on social media
initially accused of operating with
journalists in March and April 2020 for working Kenyan government hiding COVID-19
with invalid press cards – despite a Zimbabwe
an expired accreditation. He was
related deaths at the Port of Mombasa” On 6 April 2020, Afrikana Mlay, editor
Media Council directive on 31 March 2020 later charged for disorderly conduct
knowing it to be false and calculated to of Kiswahili-language publication
stating that journalists would not need to renew in a public place, with an alternative
their 2019 cards and should be allowed to work cause panic and fears among citizens Kasheshe, was arrested in connection
charge for contravening the Public
unhindered. The directive was apparently made of the Republic of Kenya’. with a post indicating that Tanzania
in acknowledgement that COVID-19 had caused Health Order 2020 (Section 11(a)(b)). He
was hiding the actual number of
administrative delays in the renewal of press cards. appeared in court and was released on
The tweet was reportedly removed COVID-19 infections. The same week,
free bail the next day. His trial began in
after the DCI summoned Alai and blogger Awadhi Lugoya was arrested
November 2020; as of September 2021, it
charged him with publication of false and accused of ‘wrongful use of
is yet to be concluded.
information, contrary to Section 23 of social media’ for allegedly creating
the Computer Misuse and Cybercrimes a Facebook account (‘Coronavirus
Act. Alai denied the charges and was Tanzania’) to disseminate information,
As mentioned, while accreditation schemes can freed on bail. which the Morogoro regional police
be genuinely necessary, they are also a common commander declared “misleading”
source of abuse, and the UN has recommended about the pandemic.
that states avoid them.
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