NEW DIGITAL MEDIA: FREEDOM OF EXPRESSION AND SAFEGUARDING JOURNALISTS IN THE CONTEXT OF EAST AFRICA

Many East African states have developed restrictive legal and policy measures regarding the use of the internet. This has resulted in the declining state of media freedom and safety of journalists. This article addresses freedom of expression as a pre-condition for safeguarding journalists in selected East African countries of Tanzania and Burundi. It highlights notable cases, where the regional court has emphasized the importance of press freedom as a precursor for democracy. It concludes that the relevant regional legal framework offers adequate protection for the safety of journalists. However, countries have not fully implemented their obligations. In particular, press and cyber laws create a chilling effect on the treatment of journalists. The article contributes to a broader interrogation of how discourses about the safety of journalists are constructed and applied in the context of growing online activity.


INTRODUCTION
Sub-Saharan Africa is the fastest-growing region in terms of mobile uptake, according to analysts, and was projected it would have 500 million cellphone subscribers by 2020. 1 In addition, increasing access to the internet has spurred technological adaptation amongst consumers. To the general public, there are new and cheaper alternative forms of communication through social media platforms like Facebook and Google. To the media, this development not only expands audiences and sources but also suggests changes of business models. 2 Although media professionals and journalists still publish content through traditional mainstream channels like print and broadcasts, they have also turned to online platforms. In some cases, they now own channels like websites, digital radio, television and social media. 3 It is also critically important, however, not to lose sight of the human rights challenges that coincide with these technological developments. In previous years,  The second reason for adopting this theory relates to its ongoing impact on the regional jurisprudence. The theory was also adopted by the EACJ in the interpretation 24  accountability and participate in the governance of their societies. 34 Therefore, the theory is a necessary tool for both the local and regional contexts of East Africa.
Thirdly, another justification for the application of this theory in East Africa is embedded in the African concept of ubuntu. In line with the widely accepted view that "a person is a person with others", ubuntu is defined as "a quintessentially African moral philosophy that warrants actions grounded on goodwill as only correct insofar as they promote shared identity among people". 35   consists of a database driven search for local and international reports, together with legal instruments which were adopted by East African countries.
In terms of structure, the following section specifically analyses the safety of journalists from a normative perspective. The focus here is on how freedom of expression is expounded through key regional instruments, and the requisite state obligation arising in context of cybercrime. The definition of cybercrime encompasses a wide spectrum of intrusive online activities in the cyberspace, against persons or property. 39 Section three moves this discussion to a regional level, through an analysis of two prominent cases that were decided by the EACJ. These are Burundi Journalists

SAFEGUARDING JOURNALISTS IN EAST AFRICA
This section highlights state obligations in safeguarding freedom of expression for the purposes of protecting the safety of journalist, by drawing on normative frameworks in Africa generally. This is important as it shows that the safety of journalists is not only a domestic or regional subject, but rather, a widely accepted concern in Africa.
The African Charter on Human and Peoples' Rights (African Charter) is the main human rights instrument in the continent. Article 9 requires that; "Every individual shall have the right to receive information", and "the right to express and disseminate his opinions within the law". 42

DEVELOPMENTS AT THE EACJ
The discussions in this section are aimed at exploring whether the regional court  This case is relevant for three reasons. Firstly, it exemplifies the application of the theory of freedom of expression and media as a precursor for democracy, as discussed in the introduction of this article. Secondly, the EACJ expanded its narrow jurisdiction, to include cases relating to freedom of expression and the press. 74 In terms of jurisprudence, it establishes persuasive precedent within East Africa and Africa in general. 75 Thirdly, besides the discussion on content-based restrictions and freedom of expression, it affirmed the importance of journalists' privacy, through the protection of confidential sources of information. Posetti argues that such protection is necessary in order to "respond to challenges of the digital age'. 76 She also notes that investigative journalism is dependent upon confidential sources. 77 In this case, the substantial question was whether freedom of the press and freedom of expression fell within the principles recognised by the Treaty for the Establishment of the East African Community (EAC). 78 The court upheld the principles of freedom of expression, noting, "democracy must of necessity include adherence to press freedom". 79 The court's judgment was based on Articles 6(d) and  Cross-cultural Human Rights Review | Volume 2 | Issue 1, 2020 | General Issue libel laws, such as in Kalyegira Timothy's case. 120 This EACJ case can further be used as a basis to challenge the imminent threat of imprisonment for journalists and other online publishers posed by arbitrary national cybercrime regulations. Consequently, the EACJ's decision can be considered as judicial activism on their part. This is through their continuing commitment to address the safety of journalists, by reinforcing states obligation in securing freedom of expression for the press, within their national jurisdictions.

Cross-cultural Human Rights
In summary, in both cases the EACJ drew a nexus between the EAC Treaty and fundamental human rights. One of the guiding principles relied on by the court was the theory of democracy, especially as the court emphasised that "…[u]nder Articles 6(d) and 7(2) the principle of democracy must of necessity include adherence to press freedom". 121 By applying a tripartite test, 122 the court was also not convinced that restrictions were necessary or appropriate within society and for the public's interest. 123 These cases should arguably change the debate on the application of national laws that have a bearing on freedom of expression and safety of journalists. 124 The jurisprudence of the court is instructive in this regard. As the highest judicial decision-making body in the region, the EACJ has played a crucial role in the promotion of freedom of expression. Moreover, the theoretical approach underlying these cases illustrates that the traditional approach to and framing of freedom of expression as a precursor for democracy is applicable within the East African context. 125

CONCLUSIONS AND RECOMMENDATIONS
This research asked: what obligations are on East African states in terms of protecting journalists' safety? This question was answered in two stages. Firstly, it examined normative frameworks within the African context, which address the right to freedom