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Group Calls for Robust Legal Frameworks to Uphold Human Rights Online
As countries worldwide commemorate International Human Rights Day, Paradigm Initiative (PIN) is calling for the enactment of robust legal frameworks that uphold human rights online.
The organisation underscores the importance of respecting rights and supporting the development and enforcement of laws in a human-rights-respecting manner in the Global South. These include strong data protection laws that safeguard the right to privacy and legislation governing automated decision-making systems to mitigate potential biases. This, PIN adds, would ensure human rights are realised as the future remains secure.
“Governments should address systemic issues that hinder the enjoyment of human rights and take the necessary steps to support an independent judiciary to ensure the impartial administration of justice and upholding the rule of law,” said Bridgette Ndlovu, the organisation’s Partnerships and Engagements Officer.
This year, International Human Rights Day is commemorated under the theme “Our rights, our future, right now.” The theme focuses on how human rights are a pathway to solutions, playing a critical role as a preventative, protective and transformative force for good. Paradigm Initiative (PIN) also highlighted the crucial role of digital rights in safeguarding human dignity and promoting social justice.
In securing a rights-respecting digital future, the organisation applauded the positive developments throughout 2024 and supported efforts to safeguard human rights online. Countries in the Global South, such as Malawi, Ethiopia, and Syria, made notable strides in advancing digital rights by enacting data protection legislation establishing guidelines for processing, storing, and sharing personal data. Botswana repealed its archaic data protection law and adopted a new Data Protection Act.
Equally, enforcement of data protection legislation gained momentum as countries such as Tanzania, in the case of Safari Automotive Limited vs. Godwin Danda, awarded compensation to the data subject after the automobile company published a video clip of the data subject on social media without consent.
In Kenya, taxi hailers Bolt Operations OU and Bolt Support Kenya were fined for failing to properly handle an incident and escalate it according to established protocols. The incident happened when unauthorised parties accessed a data subject’s Bolt driver account, performed fraudulent trips and altered the data subject’s account details, violating the data subject’s right to access personal data and correct false or misleading data.
In Kenya, data subjects were awarded compensation after offenders were found liable for commercial use of data subjects’ personal data without consent. Angola fined offenders who failed to protect data subjects’ personal data from cyber-attacks. Benin published decisions and resolutions that specify the certification of DPOs, and Brazil published two resolutions that define the activities of DPOs and regulate international data transfers.
In Nigeria, in the case of Folashade Moleshin vs United Bank of Africa, a Paradigm Initiative-supported case, the judiciary handed a judgement in favour of the complainant after a data breach reported on PIN’s Ripoti platform, promoting privacy.
PIN acknowledged the judiciary’s role in adjudicating cases brought before the courts and parliamentary oversight in innovations within the justice system, in particular, in Zimbabwe, where parliament produced an adverse report on the Integrated Electronic Case Management system, citing negative consequences for public participation due to limited access to the internet.
The organisation asserted that human rights online are crucial and legislation should be people-centred and provide robust safeguards for personal data, including measures to prevent unauthorised access and surveillance. Countries such as South Africa, Mauritania, Nigeria, and Zambia published National AI Strategies to safeguard human rights from risks that may arise from automated decision-making.
The African Union Executive Council endorsed the Continental AI Strategy and African Digital Compact at the regional level to set the pace and provide a framework for harmonising laws. At the international level, nations adopted the United Nations Global Digital Compact and countries such as Cote d’Ivoire acceded to the Budapest Convention on Cybercrime. Kenya is also planning to accede to the Convention.
Despite the outlined positive developments, significant challenges remain in the Global South with PIN condemning the actions of countries such as Mozambique, Mauritius, Nigeria, Senegal, Tanzania, Comoros, and Kenya, which shut down the internet this year.
These negative actions undermined human rights, suppressed dissent and had a chilling effect on freedom of expression. Going forward, governments ought to halt the practice of internet shutdowns and uphold the right to free expression so that individuals can freely impart information and engage in political discourse in line with the ideals set out in the Universal Declaration of Human Rights, adopted by the United Nations General Assembly in 1948.
Ogba Ogbaga, an Abuja-based lawyer, has said that he has been instructed to institute legal proceedings against MTN Nigeria, Airtel Nigeria, Globacom, 9mobile and MultiChoice Nigeria, operators of DStv, over what he described as unfair consumer practices relating to expiring data bundles and television subscriptions.
In a statement posted on Facebook, Ogbaga said his law firm, GIMBG Legals, received instructions from its client, KAA, also known as KaaTruths, to challenge the companies’ subscription policies in court.
According to him, the proposed suit will question whether telecom operators and DStv’s subscription models comply with provisions of the Federal Competition and Consumer Protection Act (FCCPA) 2018 and other applicable laws.
Ogbaga alleged that telecom providers operate internet data services that are unfair to consumers, claiming subscribers sometimes do not receive the services they paid for but still lose their subscriptions once the validity period expires.
He also criticised DStv’s subscription model, arguing that consumers lose paid viewing time due to factors such as power outages, adverse weather conditions and service interruptions, while subscriptions continue to count down regardless.
“Our clients have complained that MTN data services are unduly one-sided,” Ogbaga said, adding that the legal action would also extend to other telecommunications providers and DStv.
He said the court action would seek judicial determination on whether the companies’ subscription practices comply with consumer protection laws.
The lawyer also invited interested legal practitioners to collaborate on the case, saying his firm would provide updates as the matter progresses.
In a separate Facebook post on Wednesday, Ogbaga said previous policy discussions, town hall meetings and debates at the National Assembly had failed to address the concerns raised by consumers.
He argued that telecom operators regularly carry out maintenance and network upgrades that temporarily disrupt services without extending customers’ subscription periods, while DStv subscribers also lose viewing time because of electricity outages and weather-related disruptions.
The National Insurance Commission (NAICOM) has commenced the issuance of new licence certificates to insurance companies that successfully met the industry’s new minimum capital requirements, marking the formal beginning of a new regulatory era aimed at strengthening the financial capacity, governance and global competitiveness of Nigeria’s insurance sector.
At a ceremony held at the Commission’s headquarters in Abuja, the Commissioner for Insurance, Olusegun Ayo Omosehin, presented the new licence certificates to compliant operators, describing the exercise as a major milestone in the industry’s recapitalisation programme.
According to the Commission, a total of 43 insurance companies declared compliant with the new capital requirements are expected to receive the new licence certificates in phases.
Omosehin congratulated the successful companies, saying the issuance of the new licences signals the beginning of a stronger regulatory framework anchored on improved capitalisation, sound corporate governance, innovation and sustainable growth.
He urged operators to leverage their enhanced capital base to develop innovative insurance products, improve operational efficiency and deepen insurance penetration across the country.
The Commissioner said the Commission expects the recapitalised companies to deliver stronger financial performance while maintaining high standards of professionalism and customer service.
He also announced that NAICOM’s next major regulatory initiative would be the implementation of the Risk-Based Capital (RBC) framework, under which insurers’ capital levels would be aligned with the risks inherent in their respective business portfolios.
According to him, the new framework will further strengthen the industry’s resilience by ensuring that insurers maintain capital commensurate with the risks they underwrite, thereby enhancing policyholder protection and boosting market confidence.
Omosehin reaffirmed the Commission’s commitment to removing regulatory impediments where necessary while maintaining effective oversight to safeguard policyholders and strengthen confidence in the insurance market.
The issuance of the new licence certificates marks the commencement of a phased transition to higher capital standards aimed at improving the financial capacity, solvency and claims-paying ability of insurance companies operating in Nigeria.
Management of Nigeria CommunicationsWeek Media has withdrawn its publication titled “Adefolarin Ogunsanya and the Allegations of Shareholder Interference and Self-Dealing at Pan African Towers,” which was published on its platform.
The decision to retract the story follows an editorial review to ensure that the platform maintains the highest standards of accuracy, fairness and responsible journalism in reporting matters that are the subject of ongoing judicial proceedings.
Nigeria CommunicationsWeek acknowledges that the issues raised in the publication remain before the courts and have not been finally determined.
Accordingly, the organisation has decided to remove the article from its platforms pending the conclusion of the legal processes or the availability of additional verified information.
The publication regrets any inconvenience or misunderstanding the report may have caused to readers or any individuals or organisations mentioned in the story.
Nigeria CommunicationsWeek remains committed to the principles of balanced, factual and ethical journalism and will continue to uphold professional standards in its coverage of judicial and corporate governance matters.
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