Examining Proclamation No. 1185-2020 and its aims to curb dangerous speech while balancing free expression.
Introduction
In March 2020, Ethiopia enacted a significant piece of legislation aimed at controlling the spread of harmful speech. Known as the “Hate Speech and Disinformation Prevention and Suppression Proclamation,” this law arrived amidst concerns about the impact of inflammatory content on national stability and social harmony. It represents a clear effort by the government to create a legal framework to define, prohibit, and penalize speech deemed detrimental, particularly online, raising important questions about the balance between public order and freedom of expression.
Background of the Law
The Proclamation was introduced with a sense of urgency. The government highlighted concerns that the deliberate spread of hate speech and disinformation posed a serious threat to the country’s social fabric, political stability, national unity, and human dignity. They perceived these forms of speech as fueling division and potentially leading to violence. The law explicitly acknowledges the need to prevent speech that incites violence, promotes hatred, or is likely to cause public disturbance, framing it as a necessary measure to protect society.
The Government’s Stated Objectives
According to the Proclamation, the primary goals are multifaceted:
- Preventing Incitement: To ensure that even while exercising freedom of expression, individuals do not engage in speech that incites violence, causes public disturbance, or promotes hatred and discrimination based on ethnicity, religion, race, gender, or disability.
- Promoting Positive Values: To encourage tolerance, civil discourse, mutual respect, and understanding, thereby strengthening democratic governance.
- Controlling Harmful Content: To actively suppress the spread of hate speech, disinformation, and other false or misleading information.
The government stated that limitations on rights should be proportionate and narrowly defined within the law, suggesting an intent to balance these restrictions with democratic principles.
What the Law Prohibits and Defines
The core of the Proclamation lies in its definitions and prohibited actions:
- “Speech” is defined broadly, covering verbal, textual, graphical, or other means of communication.
- “Hate speech” is specifically defined as speech that deliberately promotes hatred, discrimination, or attack against a person or identifiable group based on ethnicity, religion, race, gender, or disability.
- “Disinformation” is defined as speech that is false, spread by someone who knew or reasonably should have known it was false, and is highly likely to cause public disturbance, riot, violence, or conflict.
- “Dissemination” means spreading speech to many people, notably excluding simple “likes” or “tags” on social media.
- Prohibited Acts: The law bans the dissemination of hate speech and disinformation through broadcasting, print, social media, and public meetings.
Importantly, the law includes exemptions. Speech won’t be considered hate speech or disinformation if it’s part of academic study, news reporting/analysis, political critique, artistic expression, or religious teaching. For disinformation, an exemption also exists if the person made a “reasonable effort” to ensure truthfulness or if the speech is clearly political commentary rather than a factual report.
Reasoning and Enforcement
The law focuses on both the intent behind the speech (deliberate promotion of hatred, knowing falsity) and its potential or actual impact (likelihood to cause disturbance, leading to violence).
Penalties for violating the law vary in severity:
- Basic hate speech can result in imprisonment up to two years or a fine.
- Disinformation carries similar penalties but generally lower maximums for basic offenses.
- Penalties increase significantly (up to five years imprisonment) if the speech leads to an actual attack, violence, or public disturbance.
- Using platforms with high reach (social media accounts with over 5,000 followers, broadcast/print media) also increases potential penalties.
- In less severe cases without violence, courts have the option of sentencing convicts to mandatory community service instead of fines or imprisonment.
The law also places responsibilities on others:
- Social Media Service Providers: Are expected to try and prevent the spread of hate speech and disinformation and must remove or block access to reported content within 24 hours of notification. They are required to have policies to help them do this.
- Government Institutions: Bodies like the Ethiopian Broadcast Authority and the Ethiopian Human Rights Commission are tasked with monitoring platform compliance and conducting public awareness campaigns about hate speech and media literacy.
This law replaced a previous article (Article 486) of the Criminal Code.
Potential Impact
Ethiopia’s Hate Speech and Disinformation Proclamation represents a significant legal step towards regulating online and offline speech. While the government emphasizes its necessity for maintaining peace and stability, particularly in a diverse society, critics often voice concerns about its potential impact on free speech and political dissent. The broad definitions, the focus on potential impact, the significant penalties, and the responsibilities placed on social media platforms all highlight the law’s potential to shape public discourse and online expression in Ethiopia moving forward. The implementation and interpretation of this law will be crucial in determining whether it effectively curbs harmful speech without unduly restricting fundamental rights. Ethiopia’s 2020 Hate Speech and Disinformation Law (Proclamation No. 1185/2020) aims to combat harmful speech, particularly online, to foster national stability and social harmony. This legislation defines and prohibits “hate speech” and “disinformation” with varying penalties, while also placing responsibilities on social media service providers and government institutions.
Key Provisions and Penalties:
- “Hate speech” is defined as speech that deliberately promotes hatred, discrimination, or attack against a person or identifiable group based on ethnicity, religion, race, gender, or disability.
- “Disinformation” is defined as speech that is false, spread by someone who knew or reasonably should have known it was false, and is highly likely to cause public disturbance, riot, violence, or conflict.
- Penalties:
- Basic hate speech can lead to imprisonment up to two years or a fine.
- Disinformation carries similar penalties but generally lower maximums for basic offenses.
- Penalties increase significantly (up to five years imprisonment) if the speech leads to an actual attack, violence, or public disturbance.
- Using platforms with high reach (social media accounts with over 5,000 followers, broadcast/print media) also increases potential penalties.
- In less severe cases, courts may opt for mandatory community service instead of fines or imprisonment.
Exemptions: The law includes exemptions for academic study, news reporting/analysis, political critique, artistic expression, or religious teaching. For disinformation, an exemption exists if “reasonable effort” was made to ensure truthfulness or if the speech is clearly political commentary.
Responsibilities of Platforms and Institutions:
- Social Media Service Providers are expected to prevent the spread of harmful content and must remove or block access to reported content within 24 hours of notification.
- Government Institutions like the Ethiopian Broadcast Authority and the Ethiopian Human Rights Commission are tasked with monitoring compliance and conducting public awareness campaigns.
Context and Impact:
The law was introduced amid concerns that inflammatory content was fueling division and potentially leading to violence in a diverse society. While the government emphasizes its necessity for peace and stability, critics have raised concerns about its broad definitions and potential impact on free speech and political dissent.
Digital Landscape in Ethiopia (2020 vs. 2024):
The implementation of this law is set against a backdrop of evolving internet and social media use in Ethiopia:
- Internet Penetration:
- In 2020, internet penetration was around 15% of the population.
- By early 2024, it had increased to approximately 19.4%, with 24.83 million internet users.
- This represents an increase of at least 4 million new internet users between 2020 and 2024.
- Social Media Users:
- While specific figures for 2020 are less readily available, in January 2024, there were 7.05 million active social media users in Ethiopia, equating to 5.5% of the total population.
- This figure increased by 1.1 million (+17.5%) between early 2023 and early 2024.
- The majority of social media users are male (67.6% in January 2024 on Facebook), with the largest age group being 25-34.
The increased internet and social media penetration since the law’s enactment underscores the growing importance of online discourse in Ethiopia and, consequently, the potential reach and impact of the Hate Speech and Disinformation Proclamation. While there isn’t comprehensive public data on the exact number of prosecutions under this specific law since its enactment, human rights organizations have expressed concerns about its potential to restrict freedom of expression.