Burkina Faso Court: No Protection for Journalists Under Cybercrime Law

• Burkina Faso, Mali, Niger, and Guinea have seen a significant decline in press freedom and freedom of expression under their military-led governments.
• Emergency decrees and cybercrime laws have been used to undermine constitutionally guaranteed freedoms in these countries.
• Regulatory bodies have been captured by executive power, allowing governments to exert control over the media landscape.
• Women journalists face compounding risks, including arbitrary arrests, digital surveillance, internet shutdowns, and economic pressure.

The decline of press freedom and freedom of expression in these four countries has significant regional and international implications.

The four West African countries of Burkina Faso, Mali, Niger, and Guinea have seen a significant decline in press freedom and freedom of expression under their military-led governments. Since 2021, these countries have experienced coups, leading to a confluence of legal, political, security, and economic pressures that have restricted the space for independent journalism. This has resulted in self-censorship becoming the norm, with investigative journalism virtually extinct in the region. Women journalists face compounding risks, including arbitrary arrests, digital surveillance, internet shutdowns, and economic pressure. The forced disappearance of Guinean journalist Habib Marouane Camara remains unresolved, perpetuating impunity for attacks on media professionals.

Emergency decrees and cybercrime laws have been used to undermine constitutionally guaranteed freedoms in these countries. Regulatory bodies have been captured by executive power, allowing governments to exert control over the media landscape. This has led to a lack of transparency and accountability, as well as a suppression of dissenting voices. The use of digital surveillance and internet shutdowns has further restricted the ability of journalists to operate freely. In Burkina Faso, for example, the cybercrime law has been used to target online expression, while in Mali, emergency decrees have been employed to restrict media coverage of sensitive topics.

The decline of press freedom and freedom of expression in these four countries has significant regional and international implications. Lawyers and compliance officers in the region should be aware of potential reputational risks due to shrinking space for independent journalism. The region's democratic recession is a concern, not only for the affected countries but also for regional and international partners committed to promoting democracy and human rights. To reverse this trend, governments, regulatory bodies, media organizations, civil society, and regional and international partners must work together to address the root causes of this decline.

Lawyers and compliance officers in the region should watch for potential implications on their clients' operations, including increased scrutiny of online activities and potential reputational risks due to shrinking space for independent journalism.

Source: Original reporting via AllAfrica