A Postcolonial Legal Critique of Online Expression in Africa

Abstract

Far beyond the contributions of African and western thought on the right to freedom of expression, there are now normative developments under international human rights law on how states can protect online expression. However, these developments are not applied in African countries. A reason for this is the extant provisions in various laws that threaten online expression. This article applies postcolonial legal theory to understand why and how these provisions threaten online expression in African countries. It identifies relevant thoughts on the right to freedom of expression, normative developments on the right and a new form of digital colonialism in Africa. It concludes that for African states and other actors to combat this new form of digital colonialism head-on, they must carry out targeted legal reform that repeals and amends these provisions.