July 2012
CIVICUS is deeply concerned about the compatibility of Ethiopia’s draft Telecom Fraud Offenses Proclamation with internationally guaranteed human rights standards.
The draft proclamation, which is currently under consideration, purports to unencumber the telecommunication industry, a state run telecommunications monopoly, as part of implementing peace, democratisation and development programmes. The stated intention of the draft proclamation is to control “telecom fraud” described as a “serious threat to national security beyond economic losses.”
Nevertheless, the draft proclamation seeks to bring contemporary means of electronic communication within the state’s ambit to limit severely freedom of expression. Ambiguous language contained in the draft, along with links to anti-terrorism legislation, would provide government officials with a convenient tool to clampdown on anyone critical of the dominant political discourse.Blogs, tweets and even Facebook status updates could result in jail time and heavy fines for posting information that may be deemed offensive to national security. The prohibition on telephone calls and fax services through the internet open the door to full prosecution for voice over internet protocol (VoIP) services, essentially making use of globally popular applications such as Skype and Google Talk illegal.
Overall, the draft proclamation is riddled with overly broad terms and definitions that would grant the Ministry of Communication and Information Technology the power to define telecommunications services and control the import and possession of telecommunications equipment. The Ministry has full power to decide what equipment needs to be regulated, requiring users to obtain a government permit, and reinforcing the monopoly of Ethio-Telecom, the state owned-telecommunications service.
Part one of the draft Proclamation provides a broad definition of “telecommunication services,” which includes internet service, cellular mobile service and mobile or fixed private radio service. The Ministry of Communication and Information Technology may also designate other services as telecommunications, with the exception of intercom connections and broadcasting services. Telecommunication equipment is also defined in the introduction as “any apparatus used or intended to be used for telecommunications services, and includes its accessory and software.”
Part two of the draft details offences and penalties as related to telecom fraud, with a view to reinforcing government control over the provision of telecom services. Providing telecom services without a valid licence is punishable by imprisonment from 7 to 15 years, with a fine based on three times the revenue estimated to have been earned (Article 4). Establishing telecommunications infrastructure other than that established by the state-owned telecom service provider and bypassing it to provide any domestic or international telecommunications service is punishable by imprisonment for between 10 and 20 years and a fine ten times the revenue estimated to have been earned (Article 9(1)).
Additionally, software applications such as Skype and Google Talk would be banned, as providing telephone call or fax services through the internet would be punishable with imprisonment from 3 to 8 years and with fine equal to five times the revenue estimated to have been earned (Article 10 (3)).
Individual users of unauthorised telecom provisions would also brought within the ambit of the penal provisions of the draft proclamation. Merely obtaining any service - whether intentionally or negligently - is outlawed under the draft proclamation and punishable by imprisonment ranging from 3 months to 2 years along with a fine (Articles, 9(2) and 10 (4)).
Notably, the draft proclamation seeks to restrict freedom of expression by punishing the dissemination of any “terrorising message” connected with a crime punishable under the Anti-terrorism Proclamation 2009 (Article 6(1)). An offence under this section is punishable by 3 to 8 years imprisonment in addition to a fine. The 2009 Anti-terrorism Proclamation itself contains a number of vaguely defined provisions to criminalise expressions of political dissent, and has been frequently used to silence journalists and peaceful political activists.
Finally, the government would have full power to decide what equipment needs to be regulated requiring users to obtain a permit. Article 5(1) makes punishable interception and obstruction of “any telecommunications networks, services or system.” Article 5(2) makes merely obtaining an illegal telecommunications system a punishable offence with a minimum sentence of 10 years imprisonment, extending up to 15 years.
The provisions contained in the Telecom Fraud Offences Proclamation will if passed increase censorship in Ethiopia, hamper freedom of expression and instil fear into the minds of peaceful dissidents, civil society members and ordinary citizens.
CIVICUS believes that the draft proclamation is in violation of Article 19 of the International Covenant on Civil and Political Freedoms, to which Ethiopia is a party.
[1]See Human Rights Watch communication, ‘Ethiopia: Stop Using Anti-Terror Law to Stifle Peaceful Dissent’, November 2011 http://www.hrw.org/news/2011/11/21/ethiopia-stop-using-anti-terror-law-stifle-peaceful-dissent
[2]Article 19 (2) of the ICCPR mandates that “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” Although Article 19(3) allows restrictions on the above freedom to be placed for the protection of national security or of public order (odre public), or of public health or morals, the UN Human Rights Committee has held through General Comment 34 that “when a State party imposes restrictions on the exercise of freedom of expression, these may not put in jeopardy the right itself.” http://www2.ohchr.org/english/bodies/hrc/comments.htm
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