Ethiopia enacted a new Media Proclamation in April 2021 that seeks to realize freedom of expression for both journalists and the media. From decriminalization of sedition and defamation to improved rules on prior-restraint and impounding, to revised administrative and regulatory rules, to improved substantive and procedural rights of journalists and media, to legal recognition of online media; the Media Proclamation has heralded a normative dawn for press freedom in Ethiopia and is by far better than the previous media related laws. The most notable revision is the fact that the practice of criminal sedition and defamation charges has been officially abrogated despite it still entails civil liability. However, enforcing and realizing the right to freedom of expression for both journalists and the press remains far from over in Ethiopia. This is mainly at least for two reasons: one, the inclusion of hefty fines for civil defamation, and second, there is a claim that media houses and journalists are still subjected to repression and brutal crackdown in the wake of the war in northern Ethiopia. While the (media) law reform is the step in the right direction, such reform is a distant dream in reality in the present Ethiopia. As a result, it is hard for the Media Proclamation alone to set the Ethiopian press free from the shackles of government repression right away. Overall, this article flags some developments relating to the Media Proclamation, as well as disentangles old (and new) challenges of press freedom that need to be foregrounded and considered in order to fully enforce freedom of expression in Ethiopia, both off and online.
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This is a mini-research conducted to examine the status of press freedom in Ethiopia during EPRDF period (1991-now). Academic pieces, documents, proclamations, interviews, news reports and presentations were qualitatively analyzed in accord with the concept of press freedom. To this end, the research find out that press freedom in Ethiopia is descending owing to factors like government, the political economy, lack of professionalism culture, among other factors. Generally speaking, scholars enmeshed in discussion on press freedom in Ethiopia. Journalists’ who cost their fortune to keeping free press alive are increasing. However, the status continued descending than progressing. Before two decades the media in Ethiopia begun enjoying a good environment, however, as days and years wore on it continuously rollbacks. The enactment of the draconian anti-terrorism law with the absence of independence judiciary worsen self censorship of journalists and empowers the authority of government to throwing journalists to prison than ever before. As donors’ claim, this is legalized but, unconstitutional and illegal acts against the press that has long been done by government. In fact, in 22 years old of private media in Ethiopia, hundreds of print media outlets that covered the streets of Addis vanished, making Ethiopian government one of the repressive governments in a globalizing world having a poor human right record.
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Abstract With the coming into power of the Transitional Government of Ethiopia in 1991, freedom of expression and free press had gained a relatively free space for the first time in the history of the country. However, this promising environment entered its gloomy age especially after the 2005 election and the coming into force of the Anti-Terrorism Proclamation in 2009. This thesis explores the implications of the ATP on freedom of expression and media freedom and thereby evaluates the share of the Proclamation to this down-spiral in the Ethiopian media landscape. By doing so, the paper tries to analyze the Ethiopian context of balancing state security and FOE as manifested in the ATP. The paper argues that with some of its broadly crafted provisions and a questionable mechanism of proscribing terrorist organizations, the Anti-Terrorism Proclamation goes beyond the acceptable limits in restricting freedom of expression and media freedom. In reaching to this assessment, the paper employs the tests of ‘legality’ and ‘precision’, ‘legitimate aim’, and ‘necessity’, standards developed by international human rights jurisprudence, to evaluate the appropriateness or otherwise of restrictions on human rights. Findings show that the Anti-Terrorism Proclamation have a large share to the shrinking media environment in Ethiopia. According to finding of this paper, since the introduction of the Proclamation, the media in general and the private press in particular is experiencing difficulties. Journalists are facing threats, intimidation and detentions. They are repeatedly being charged for crimes of terrorism. The scary nature of some of its provisions and the way the law is being enforced have resulted to a heightened form of self-censorship among journalists—to the level that they do not discharge their proper journalistic activities. The law is also being used to stifle critical voices against the government. Therefore, the problematic areas of the law should be amended to avoid the law’s ill-effects on freedom of expression and media freedom. Keywords: Terrorism, freedom of expression, media freedom, human rights, political dissent, encouragement of terrorism
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The Anti-Terrorism Proclamation of Ethiopia has a far-reaching effect on human rights, such as freedom of expression. The provisions of this law that impact freedom of expression are discussed in this article. The law gives leeway to criminalize innocent acts of individuals who are critical of government policies. It criminalizes in/direct encouragement to the preparation, instigation and commission of terrorism through the publication of statements. The law falls short of international standards that require only the criminalization of a speech intended and likely to incite terrorist acts. The Proclamation demands everyone including the media and journalists provide terrorism-related information to law enforcement agencies. The only way to be relieved of this obligation is showing the existence of a 'reasonable cause', a phrase that is not defined by the law. Moreover, the journalistic privilege of confidentiality of information and the protection of sources is not stipulated as an exception to the obligation of disclosure of information. Nor does the law provides the circumstances in which a journalist may be forced to divulge her information. Though surveillance and interception undermine democracy, a mere suspicion of terrorism gives the National Intelligence and Security Service a power to conduct surveillance or intercept any type of communications. The Proclamation failed to provide circumstances that a court should consider before permitting surveillance or interception. Surveillance and interception invade privacy and chill freedom of expression. However, the Proclamation failed to provide any safeguards that limit the misuse of executive power against freedom of expression. The legal ambiguity together with the nascent jurisprudence pose problems on freedom of expression. Hence, domestic courts should draw upon or transplant principles and their interpretations from jurisdictions like South Africa and Council of Europe to fill legal loopholes. Moreover, the "jurisprudential dearth" could be filled and the impact of the Proclamation on freedom of expression may be assuaged by incorporating the three-part test (prescribed by law, legitimate aims and necessary in a democratic society) from the well-developed jurisprudences of human rights bodies and regional courts, notably the European Court of Human Rights, which stands at the heart of the Council of Europe system.
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It is almost a decade and half since freedom of expression has been proclaimed as one of the fundamental rights and freedoms recognized in the FDRE Constitution. However, there is hardly any Ethiopian jurisprudence on freedom of expression to speak of at the moment. Although numerous cases (that clearly gave rise to issues implicating freedom of expression) have been entertained in our courts, we have yet to develop a body of standards, tests and doctrines pertaining to the scope, content and legitimate limitations of freedom of expression. This void of constitutional jurisprudence can indeed undermine freedom of expression.
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International journal of Emerging Trends in Science and Technology
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