Social Media Governance in Cameroon: An Inquiry intoIts Regalian Role of Ensuring Security to Users
Keywords:
Social Media, Governance, Security, Users, Formal and InformalAbstract
Social media, with its fascinating speed and ease in communication, has in the last three decades caused a systematic change in the livelihood of many and a new pattern in the modes of human interaction. Its multiplier effect is being felt heavily in the domain of communication, medicine and businesses, with a move from traditional business to e-commerce. While applauding this technology that today unites the world as global village, it is recurrent in our daily dealings that social media has its own setbacks, as no one seems to be safe from cybercriminals and persons with malicious intents on social media. It is on this premise that we set out in this research to investigate and uncover the nature of social media governance in Cameroon, while questioning its effectiveness in providing adequate safety to its users. Making use of both qualitative and quantitative research methods, our findings reveal that the existing formal and informal governance techniques applied both by the public and private parties seems inefficient in resolving the already existing difficulties of social media users and if not upgraded, the situation might eventually become very degrading in the long-run. It is on this setback that we advocate for an increase in public-private partnership in the fight against cybercrimes and equally a greater cooperation amongst states for global governance with the creation of a global social media policy.
References
1. Zerfass A, Fink S, Linke A. Social media governance: Regulatory frameworks as drivers of success in online communications. Paper presented at the 14th Annual International Public Relations Research Conference. Miami, Florida. 2011. p. 5.
2. Van Kersbergen K, van Waarden F. “Governance as a bridge between disciplines: Cross-disciplinary inspiration regarding shifts in governance and problems of governability, accountability and legitimacy.” Eur J Political Res. 2004;43(2):143–171.
3. McLuhen M. (First published 1964). Understanding Media, the Extension of Man. Massachusetts: MIT Press; 1994.
4. Cyber Security guides for parents / child online protection guide by ANTIC. p.15
5. Roberts J. Writing for Strategic Communication Industries. Ohio: Pressbooks; 2016. p. 85.
6. See cases of bloggers and influencers who make their earning as per the number of followers and views they record on their page and content created. See also the case of companies who utilise social media outlets to merket their products.
7. This is mostly justified by its fast interconnectiveness and it broadbased community. This large community is generally viewed as a captivating audience by both the potential and actual Human Rights violators to cause great damage(s) and pain to their victim(s) by spreading in most cases defamatory content to the person of their victim for example.
8. Insecurity Insight. Social Media Monitoring, Bulletin 10. Cameroon September 2020. Switzerland: Insecurity Insight; 2020.
9. Alfakoro, Yushau AS, Ismaila YA, Ayodeji AH. Social media and its impact on governance building in Africa: The Nigeria scenario. Arabian J Bus Manag Review. 2021;11:416, 2.
10. Flew T. Social media governance. Sage Journals; 2015. p. 1.
11. Liaopoulos A. Cyberspace governance and state sovereignty. In: Democracy and an Open-Economy World Order. Springer; 2017. pp. 25–35.
12. Patrick. The unruled world. The case of good enough global governance. Foreign Affairs. 2014;93:58–73. Available at https://relooney.com. Consulted 06/05/2024.
13. Fikellstein LS. What is global governance ? Global governance : A Review of Multilateralism and International Organisations. 1995;1(3):367–372. Available at https://doi.org/10.1163/19426720-001-03-90000007. Consulted 06/05/2024.
14. Flew T. “Social Media Governance.” Sage J. 2015. p. 1.
15. Social Media Governance, Managing Social Media Risk. Available at https://pwc.blogs.com. Consulted 12/03/2024.
16. Ibid.
17. It came into picture in 2001 and entered into force on July 1, 2004.
18. This Law was adopted by the 23rd session of the AU that held in Malabo, Equatorial Guinea 27th June 2014 and ratified by 13 countries as of 2023. They include Benin ; Cameroon, Chad ; Comoros, Djibouti, Gambia, Guinea-Bissau, South Africa, Sierra Leone, Sao Tome and Principe, Sudan, and Tunisia. Available at https://dataprotection.africa.com. Uploaded 19 May 2023 and consulted 20 March 2024.
19. Meyer P. Outer space and cyberspace: A tale of two security realms. In: Osula A-M, Roiges H, editor. International Cyber Norms: Legal, Policy & Industry Perspectives. Tallinn: NATO CCD COE publications; 2016. p.155, 155—169.
20. Demchak, Dombrowski P. Rise of cyber Westphalian age. Strategic Studies, quarterly. 2011;5:32–61.
21. See the case of America and the Chinesse based Application Tik Tok being questioned and branded a spying App by the American Administration.
22. See the position of leading world powers such as USA and Russia who are not bound by the Budapest Convention on the scale of global governance on cyber governance and equally see the case of leading economic powers in Africa on the scale of regional governance, such as Nigeria and South Africa who are not bound by the African Malabo covention due to conflicting views with their internal laws. A clear depiction of the ill effects of soverignty.
23. Freedman D. The politics of media policy. Cambridge: Polity Press; 2008. p. 264. Equally available in International Journal of Communication3 (2009), Book Review 883)886 reviewed by Paniota Tsatsou, Swansea University.
24. Cornish. Governing cyberspace through constructive ambiguity. Global Politics and Strategy. 2015;57(3)::153–176).
25. The two sides of Cybersecurity-Rand Corporation. Available at https://www.rand.org. Consulted 20/01/2024.
26. Avalaible at https://www.centraleyes.com. Consulted 19/01/2024.
27. North DC. Institutions. Journal of Economic Perspectives. 1991;5(n°1):97–112.
28. Boyer R. Théorie de la régulation. Une analyse critique, Agalma, Paris, La Découverte. 2019.
29. Sevas S, Karatas S. Cyber governance studies in ensuring cybersecurity: An overview of cybersecurity governance. International Cyber Law Review. 2022;3:7–34.
30. Zerfass A, Fink S, Linke A. (2011). Social media governance: Regulatory frameworks as drivers of success in online communications. Paper presented at the 14th Annual International Public Relations Research Conference, Miami, Florida. March 9–12. p. 5
31. Van Kersbergen K, Van Waarden F. Governance as a bridge between disciplines: Cross-disciplinary inspiration regarding shifts in governance and problems of governability, accountability and legitimacy. European Journal of Political Research, 2004;43(2):143–171.
32. Savas S, Tapaloglu N. Data analysis through social media according to the classified crime. Turkish Journal of Electronic Engineering and Computer Science. 2019;27(1):407–420.
33. Sevas S, Karatas S. Cyber governance studies in ensuring Cybersecurity: An overview of cybersecurity governance. International Cyber Law Review. 2022;3:7–34.
34. See Gercke Marco, Understanding Cybercrime: A Guide for Developing Countries. Geneva: ITU; 2009. p. 84.
35. Orji UJ. Multilateral Legal responses to cyber Security in Africa: Any Hope for Effective International cooperation? 7th International Conference on Cyber Conflict, Tallinn: NATO CCD COE Publications; 2015. p.107.
36. See Article 24 (1-6) of the Budapest Convention on Cybercrime, establishing issues and conditions for extradiction in cybercrime offences.
37. See Section 24(4) of the Budapest Convention on Cybercrime
38. See Article 9 on Offences related to child pornography of the 2001 Budapest Convention.
39. However, some countries regard the criminalization of the online dissemination of xenophobic materials as an impediment to free speech. See Kristin Archick “Cybercrime : The Council of Europe Convention”, CRS Report for Congress, (September 28, 2006) p.3. See Article 9 on Offences related to child pornography of the 2001 Budapest Convention.
40. Ibid.
41. See, e.g., The African Union Convention on Cyber Security and Data Protection (Malabo, 2014) and The Council of Europe, Convention on Cybercrime, 41 I.L.M. 282 (Budapest, 23.XI, 2001).
42. Baiye EG. The Form and Content of Advertisement in Cameroon: Does Regulation Really Matters? Journal of Law of Torts and Consumer Protection Law. 2022;5(1):1.
43. Law No. 2016/007 of 12th July 2016 revising the Penal Code
44. See section 241-1 New of the Penal Code.
45. Lauched by its Secretary General Antonio GUTERRES? Where he stressed that “Silence may indeed be just another name for indifference to bigotry and intolerance.”
46. See Section 22(1) of the Law No 98/014 of 13 July 1998 to govern Telecommunications in Cameroon.
47. Dominique Armand LONG WELADJI, (2009), La protection des consommateurs des services de Communications électroniques au Cameroun, Master II memoire, Université Catholique d’Afrique Centrale, Institut Catholique de Yaoundé. Available at http://www.memoireonline.com (Accessed on March 2015).
48. Ibid., Section 21(2).
49. A reading of Mua Patrick in The Guardian Post Daily 12 November 2023;04:49.
50. Uploaded to Cameroon News Agency Facebook page by Lambert Binla on 29 December 2020 and consulted 22/04/2024.
51. Available at http://www.Antic.cm. Consulted on the 15/11/2022.
52. Ntanhdui NB. The Protection of Bank Customers Against Cybercrimes, Masters Dissertation, University of Dschang, Faculty of Law and Political Science. 2019. p. 51. Unpublished.
53. Ibid.
54. Ibid.
55. A reading of Shing Timothy in The Guardien Post edition of 07 August 2023.
56. Speech of MINPOSTEL Conference of Governors 2017, Ministry of Post and Telecommunication, available at https://www.minpostel.gov.cm. Consulted 05/05/2024.
57. See Section 3(1) of Law No 98/014 of 13 July 1998 to govern Telecommunications in Cameroon which is to the effect that Administration in charge of telecommunications - The Ministry or Minister, as the case may be, is vested with general authority over the telecommunications sector, on behalf of the Government.
58. Helen KK. Mobile Telecommunication Operator and the Protection of Consumers in Cameroon University of Dschang, Faculty of Law and Political Science, Masters Dissertation. 2016. p. 41 Unpublished.
59. Atabong AB. Cameroon join forces with NGOs to counter cyber crime. 2023. Available at ITWeb Africa https://itweb.africa. Consulted 03/05/2024.
60. This Decree by virtue of its section 89 abrogates the Lawof 29 July 1981 on Press Freedom and Law No. 66-LF18 of 21 December 1966 on the press and amendments thereto, and Law No. 87-19 of 17 December 1987 to lay down the regulations governing audiovisual communication in Cameroon.
61. See section 88.
62. See the missions of the NCC as spelled out in Article 4 of Decree No 2012/038 of 23 January 2012 on the Re-organisation of the National Communication Council.
63. Conseil National de la Communication. Available at https://cnc.gov.cm
64. National Communication and Press Freedom in Cameroon. Available at https://www.researchkey.net. Consulted 07/05/2024.
65. Prime Minister Joseph Dion Ngute commissioned the new President of the media regulatory body, Joseph Chebonkenk alabubse with instructions to ensure the respect of ethics and deontology, fight against hate speech and the spread of fake news among other. A reading of Cameroon Tribune No 12378/8577 of 30th June 2021, p.4.
66. Commission de Droits de l’homme. Available at https://www.cdhc.cm. Consulted 05/05/2024.
67. See section 3(1) of Law No 2019/014 of July 2019 Relating to the establishment, organization and functioning of the Cameroon Human Rights Commission.
68. See section 3(2) Ibid.
69. Section 5 Ibid.
70. See section 8 Ibid.
71. Y.K. Sabharwal, The Role of the Judiciary in Good Governance, High Court of India. Available at https://highcourtchd.gov.in. Consulted 5/5/2024.
72. Ibid.
73. Cameroon News Agency. Available at https://cameroonnewsagency.com. Consulted 22:05:2024.
74. CFIB/017b/2015 (Unreported).
75. Law No. 2010/012 of 21st December 2010 relating to Cyber Security and Cyber Criminality in Cameroon.
76. Tantoh YE, Bafuke E, Nji. Social media and cybercrimes: An appraisal of prosecution in Cameroon. Review Internationale de Droit et Science Politique (R.I.D.S.P). 2021;1(3):3, 893.
77. CFI Buea/011A/2013, unreported.
78. Mbah VT, Mbifi R, Kelese GS. The intricases in guaranteeing a safe haven for social media users in times of snowballing cyber criminality in Cameroon. Journal of the Center for Research and Expertise in Governance, International and Strategic Relations in Africa. 2024;(3):207–231.
79. Ibid.
80. Kalisz A. Public-Priavte Partnership on Cybersecurity and International Law: Finding Multilateral Solutions. Cambridge University Press; 2023. p. 1.
81. Mbah VT, et al. Op cit., note 76.
82. Available at ITWeb https://www.itweb.co.za. Consulted 03/05/2024.
83. Cameroon News Agency (CNA). Available at https://cameroonnewsagency.com. Consulted 03/05/2024.
84. A reading of Amindeh Blaise Atabong in ITWeb. Cameroon rolls out tech plan to root out fraud. 16 Jan 2023 Available at https://www.docusign.com. Consulted 07/05/2024.
85. Phneah E. Contributor on March 8, 2013. Available at https://www.zdnet.com (Accessed on September 2022).
86. Sega Enterprises Ltd. v. Sabella, 1997 Copyr. Law. Dec. 27, 648 (N.D. Cal. Dec. 18, 1996). The court held that the BBS operator was not directly liable because she did not directly cause the copying of the video games. They are condition of originality and creation.
87. FindLaw Attorney Writers. Copyright Law and the Internet: Selected Statutes and Cases. 2008. Available at https://corporate.findlaw.com/intellectual-property/copyright-law-and-the-internet-selected-statutes-and-cases.html#:~:text=The%20Act%20was%20designed%20to%20increase%20the%20protection,identity%20of%20its%20author%20and%20conditions%20for%20use (Accessed on March 2024).
88. Tessian. The psychology of human error. 2021. Available at https://www.tessian.com/research/the-psychology-of-human-error/. Accessed on May 2024).
89. Available at https://www.ekransystem.com. Consulted 04/05/2024.
90. Cyber security breaches caused by employees.
91. A two days seminar was organised by NAICT in Douala, the chief town of the Litoral Region from the 04-05 May 2017 to groomed ythe legal practitioners on cybercriminality. Available at https://antic.cm. Consulted 03/04/2024.
92. Policy Standard Procedures Guidelines. Available at https://policies.vt.edu. Consulted 04/05/2024.
93. Available at https://ca.indeed.com. Consulted 04/05/2024.
