Why we cannot give the government a whiff of power over the internet

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Users have a contract with service providers, not the state

in Business Day exposed the harrowing shutdown of the internet in Uganda earlier in 2021, and elsewhere in Africa previously, arguing that the promise of internet freedom is being stolen from Africans.

First, we invite various forms of government interference in internet affairs, which necessarily results in a government decision to switch off the internet or otherwise interfere with political rights. In SA we have the Cybercrimes and Cybersecurity Bill, intellectual property laws, proposed hate speech legislation, and so forth, which substantially increase the government’s authority online.

ISPs provide a service to their clients. The government is not a party to this relationship or its associated transactions. It is a great injustice when ISPs take instructions from the government and not from their clients. Second, we invite government interference in internet affairs when we demand data or internet access be provided free of charge — freebies instead of freedom.principle that has been recognised throughout the centuries, almost without exception. If the government pays for data or internet access, we must expect that such a handout will come with significant strings attached, even if only implicitly or indirectly.

Governments inevitably find it irresistible to abuse powers they have been granted by democratic mandate. It is within the nature of the state to extend and enlarge any power it has. We have seen this with expropriation, which historically has been married to compensation, yet now that is in doubt. We have also seen it with traffic law. Historically, and according to common law, the government must prosecute recklessness that leads to criminal harm.

 

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