How Internet Governance Affects Your Rights, Your Work, and Your Freedom
Today, civil society organisations in Africa rely heavily on digital platforms to mobilise communities, advocate for human rights, and hold governments accountable. But what happens when those digital spaces are unregulated, inaccessible, or arbitrarily controlled by powerful entities—whether governments or tech companies?
The rule of law isn’t just something that happens in courtrooms. It’s a principle that should apply everywhere, including online. And for African CSOs, this principle is key to defending rights, promoting transparency, and making sure the internet remains a space for empowerment, not oppression.
The Rule of Law in the Digital Space – Why Should You Care?
The rule of law, as articulated by A.V. Dicey in 1885, rests on three pillars: the supremacy of law over arbitrary power, equality before the law, and judicial independence. These principles ensure that legal frameworks constrain governmental authority, protect individual rights, and provide predictable mechanisms for dispute resolution.
It means that laws apply equally to everyone, that power isn’t used arbitrarily, and that you can seek justice when your rights are violated. It’s how we fight corruption, protect activists, and defend freedoms.
But the internet, where most advocacy now happens, is governed by a complex mix of private companies (like Meta and Google), foreign governments, and technical bodies. This raises major issues for African civil society:
- Who decides what content stays online or gets removed?
- Whose data gets collected, sold, or surveilled?
- What rights do you have when you’re blocked, hacked, or silenced online?
Without rule-of-law protections in digital spaces, your voice can be muted, your organisation can be targeted, and your rights can be quietly erased—without accountability.
Old Rights, New Threats
You already know the importance of:
- Freedom of expression
- Privacy
- Due process
But in the digital space, these rights look different, and they’re harder to defend:
1. Freedom of Expression Online
You may be using social media to campaign for justice or amplify community issues. But what happens when a platform removes your content or suspends your account with no explanation? That’s not just frustrating—it’s a denial of due process. These platforms now act like judges, yet are not accountable to African users or courts.
2. Privacy in a Surveillance Era
Your emails, WhatsApp messages, and cloud documents aren’t just yours. Governments, advertisers, and even spyware companies target civil society actors for surveillance. African activists and journalists have already been victims of such attacks. Privacy online is now a matter of safety and survival.
3. Decisions Made by Algorithms
From shadow bans to AI-based censorship, invisible systems are making decisions about who gets seen and heard online. You may not even know you’re being silenced, let alone how to appeal it.
A Digital Rule of Law Framework: What We Need
The value of the rule of law, in enabling individuals to guide their behavior free from the threat of arbitrary power, should inform the choices about what the internet should be.
Here’s what a digital world grounded in rule of law should look like, especially for African civil society:
Building a Rule-of-Law Internet That Works for People, Not Power
For African civil society organisations working to defend rights and hold power accountable, a digital space rooted in the rule of law is not just an ideal, it’s a necessity. Here’s what that means in practice:
Centred on human dignity and agency
At its heart, the rule of law in digital spaces must protect what matters most- human dignity, and the right of every person to have control over their life and future. Whether it’s choosing how our data is used, or being free to speak without fear, digital spaces must be built to respect personal freedoms, not undermine them.
Checks on Power, no matter who holds it
Power doesn’t only lie with governments. Today, tech companies have massive influence over our online lives, from what content we see to whether our voices are silenced. A rule-of-law framework should ensure both state and corporate power is limited by clear rules, with mechanisms to challenge abuse or overreach.
Clarity and Consistency Across Borders
The internet may be global, but the laws that govern it are not. Activists and organisations often find themselves caught between conflicting national laws that are hard to track and even harder to follow. A reliable framework should bring consistency and clarity, so people know what rules apply and can act with confidence.
Online Rights Are Still Human Rights
Rights don’t disappear when we log on. Whether offline or online, the same protections: privacy, free expression, due process should apply. The internet must not become a loophole where human rights are ignored. States must be held accountable for how they treat people in digital spaces, just as they are offline.
Private Platforms, Public Responsibilities
Much of the internet is controlled by private companies, but that doesn’t mean they can operate without limits. When platforms moderate speech, collect data, or remove content, they’re shaping public life. A rule-of-law approach must ensure these decisions are transparent, fair, and open to challenge because no one should have unchecked power, especially in spaces where civil society fights for justice and truth.
What Can CSOs in Africa Do?
- Push for digital rights laws that protect free speech and data privacy.
- Demand transparency from governments and platforms about censorship and surveillance.
- Engage in internet governance forums (like IGF, AfriSIG) to make African voices heard.
- Train your teams on digital security and advocate for safer digital environments for civil society.
Bottom Line
The rule of law online isn’t a tech issue, it’s a human rights issue. As civil society actors in Africa, your ability to operate safely, effectively, and freely depends on digital spaces being governed fairly and transparently. If we don’t demand a just digital order now, we risk losing the very tools we depend on to drive change.