I might be conflicted about discussing this subject because I am an attorney representing the petitioner challenging Tanzania’s 2020 internet shutdown. However, I endeavour to shed light on the petition without unduly discussing the facts already in issue before the court.
Tanzania’s October 2020 General Election was one of the most flawed in history. Numerous irregularities and human rights violations were recorded. Internet users in the country had limited or blocked access to the internet from October 27 to October 29, 2020, immediately after participating in the profoundly competitive election.
Thus, the internet shutdown is on record as one of the major incidents leading to a compromised election process. It created an environment where people could not freely receive, communicate, or disseminate information at a critical point when they undeniably needed to.
In some cases, citizens experienced a total communication blockage. They were, for instance, unable to send text messages containing the name ‘Tundu Lissu.’ Lissu is a prominent Tanzanian opposition figure and the 2020 presidential candidate for the opposition CHADEMA. He ran against and significantly challenged the late President John Magufuli, the ruling party’s (CCM) candidate.
It was unbelievable for Tanzanians to ascertain that they could not send a text containing Lissu’s name. Such a level of censorship is unprecedented in the country’s electoral politics. It is considered a blatant electoral foul.
READ MORE: Tanzanians Vote Amidst Unprecedented Internet Disruption
Some internet users in Tanzania explored Virtual Private Networks (VPN) to gain access to the Internet and social media platforms. However, it is pertinent to underscore that owning or using a VPN in Tanzania to access ‘prohibited contents’ without proper authorisation from the Tanzania Communication Regulatory Authority (TCRA) violates the country’s laws.
Silence
Despite the adverse effects of the 2020 internet shutdown, the government has remained silent. Not a single government functionary or department has been held to account—no apology or feelings of regret from the government to the citizens. Equally, there is no redress for the loss sustained by citizens, individually or collectively.
The lack of accountability has led to multiple other attempts to block access to specific social media platforms. For example, Tanzanian internet users cannot access Clubhouse without a VPN, notwithstanding a court ruling declaring access to Clubhouse a human right.
There have been recent attempts to restrict access to X, formerly Twitter. The measure is backed by the chairperson of the youth wing of the ruling Chama cha Mapinduzi (CCM), Mohamed Ali Mohammed alias Kawaida, and apparently supported by an organised group of self-ordained interfaith leaders.
Their rationale for blocking access to X includes moral concerns, particularly the perceived impact of the platform on the well-being of their “children.” Missing from their malicious campaign is the evidence for whether children are using X. They have a serious misconception about how X contents work. Essentially, X contents are user-driven. You choose what—and what not—to see.
However, there is a prevalent sentiment that the arguments advocating for the restriction of access to X lack substance and primarily aim to suppress the intense political discourse associated with such a platform. For years, X has gained a reputation as a credible platform for heated political expressions in Tanzania.
Given the discernible indications of an impending internet shutdown, several advocates for democracy have deemed it necessary to seek legal recourse. After consultation with my colleagues, a viable course of action was identified. Subsequently, the matter was brought before the court.
The petition
My client, Kumbusho Dawson, asserts that the October 2020 internet shutdown contravened several rights enshrined under the Constitution of the United Republic of Tanzania of 1977. They include the freedoms of expression (article 18), association (article 20), and participation in public affairs (article 21).
The rights listed above are also enshrined in various international legal instruments, of which Tanzania is a signatory. These include the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. Tanzania is also a party to several other declarations pertaining to internet freedoms and is thus bound to respect and promote access to the Internet.
The adverse impact of the 2020 internet shutdown extends beyond what is pleaded in the petition. Consider individuals who rely on online sales of services and products and internet-based taxi drivers. Their ability to work, earn a living, and overall freedom was curtailed. Dawson’s petition matters because the ecosystem of internet users is diverse.
READ MORE: Why Internet Censorship Is Counterproductive
Dawson respectfully requests the court to render a verdict in his favour and to acknowledge a violation of constitutionally guaranteed rights owing to the internet shutdown.
Additionally, he seeks an order to prosecute all individuals involved in or complicit in the internet shutdown. And the government should guarantee the non-repetition of a similar incident. The matter was brought for mention Wednesday, July 17, 2024, at the High Court of Tanzania in Dar es Salaam.
The nature of the case has already sparked discussions on the court’s potential ruling. In the end, I restrain myself from canvassing. However, the significance of Dawson initiating this meaningful conversation through the court is worth noting.
Tito Magoti is a lawyer and human rights activist. He’s available at titomagoti@gmail.com or on X as @TitoMagoti. The opinions expressed here are the writer’s own and do not necessarily reflect those of The Chanzo. If you are interested in publishing in this space, please get in touch with our editors at editor@thechanzo.com.
