Protecting digital rights through soft law : ensuring the implementation of the revised Declaration of principles on freedom of expression and access to information in Africa

Abstract

This article examines the use of soft law for digital rights protection in African countries. Focusing particularly on the Declaration of Principles on Freedom of Expression and Access to Information in Africa, 2019 (revised Declaration) adopted by the African Commission on Human and Peoples’ Rights, it highlights some of the digital rights challenges in African countries that necessitated normative guidance for African states. Some of these challenges include increased internet shutdowns; unlawful interception of communication; social media bans; expensive internet access; attacks on media freedom; inadequate protection of personal data; and problematic laws on online harms. The article then examines the need for soft international human rights law to address these challenges, the provisions of the revised Declaration as soft law and how these provisions address digital rights challenges in African countries. It concludes that the revised Declaration is a unique soft international human rights law instrument and that it should not be treated as ornamental. It recommends that the African Commission should formulate an implementation plan that mainstreams the legislative, administrative, judicial and other measures provided for in the revised Declaration into African national contexts.