The Social Media: A Setback to An Effective Protection of Human Rights Within the Cameroonian Legal District

Authors

  • Bafuke Evarestus

Keywords:

Social Media, public-private coorperation, ICT revolution, aforementioned, effective protection

Abstract

The changing patterns of social interactions caused by the ICT revolution has made inevitable the continuous existence and usage of the social media. The usage of the social media cuts virtually accross every sector of the human society and has been embraced by human rights activists who for a while now have used it to promote and uphold human right standards. However, this same social media that has always been the vector for upholding, promoting and decrying violations of human rights in and around the world is today being used as the appropriate place to commit and execute acts of human rights violations mindful of existing
international and national instruments regulating both the social media and human rights. It is on this, that we endulge in this study to identify and examine the various ways through which human rights are violated on the social media. Our analysis and conclusions are backed by information gathered from both primary and secondary sources. Our finding potray different dimensions of human rights violation ranging from defamation to cyberstalking, with some even leading to the death of victims, as recorded in cases of cyber bullying. Based on the aforementioned, we recommend for the introduction of an information filtering system, and equally a more effective public-private coorperation especially with service providers.

References

National Commision of Human Rights and Freedom in Cameroon created by Decree No 90-1459 of

Novermber 8th 1990 and by Law No. 2004/016 of 22nd July 2004.

United Nations Commission on Human Rights.

Such is the case with NGOs such as Amnesty International, tracing its roots back to 1961, Human Rights

Watch 1978, Liberty 1934, Doctors without Boarders 1971,Oxfam International 1942, Save the Children

, World Vision 1950, International Rescue Committe 1933, Catholic Relief Service 1943, Danish

Refugee Council 1956 ; CARE International 1945..etc., all avaialble at

https://www.humanrightscareers.com consulted 10/11/2023.

Respect of duly ratified international treaties and coventions such as the Universal Declaration, International

Convenant on Civil and Political Rights etc.

Human Rights Watch www.hrw.org consulted 8/11/2023.

Crtv 7 :30 Pm News November 7th 2023, equally broadcasted by Equinox Tv and available on their Online

platform available at television-live.com https://equinoxtv.com consulted 7/11/2023.

Crtv Radio Broadcasting 1:00PM news, 8th November 2023.

Joseph Johnson, (Jan. 27 2021), “Worldwide digital population as of October 2020”, Available at:

www.statista.com>statistics>digital, accessed on the 3/02/2021

Ibid

See Affaire Gregoire Owona, Secretaire General Adjoint du comite central du Rassemblement Democratic

du Peuple Camerounais (RDPC) C/Marie Robert Eloundou, Directeur de publication de presse ecrit

denomme “Essingan” et le journalist Leger Ntiga. Equally see Essou Marinette v Neris Ayuketang and

three others

Such content could have been the product of an illegal intrusuion or hacking of the victims account,

computer or mobile devise which is tantamount to a tort of trespass which is actionable per se.

Jasmine Roberts. (2016), Writing for Strategic Communication Industries, Ohio, Pressbooks P.85.

Cyber Security guides for parents / child online protection guide by ANTIC p.15

R.K.Chaubey, “An Introduction to Cyber Crime and Cyber law”, Kamal Law House, 2012

See affaire Mirabelle Lingom c/Julien Bapes Bapes, a case of cyberbullying which ended up taking the life

of the victim Mme Mirabelle Lingom.

United Nations Office on Drugs and Crimes (UNODC) : International Cooperation against Cybercrime,

Module 3 on Legal Framework and Human Rights. A case in point, the League of the Arab States’ Arab

Convention on Combating Information Technology Offence of 2010. Specificcaly, article 4 provides that

« Every state part shall commit itself subject to its own statutes or constitutional principles, to the discharge

of its obligations stemming from the application of this convention in a manner consistent with the two

principles of equality of regional sovereignty of States and non interference with internal affairs of other

States.

United Nations Office on Drugs and Crimes (UNODC), 2013, note 9, p.184.

Robert McDougall, (2016), “Challenges in the Age of Cyberspace”, Paper delivered at the Fifth Annual

Judicial Seminar on Commercial Litigation, Hong Kong, p. 13

See section 270 of the Cameroon Penal Code.

Narender Nagarwal, (2019), “Social Media Crime in Digital World – A Critique through Law, Policy

and Practice”, p. 11, at: https://www.researchgate.net/publication/336749325 (accessed on the 28th of June

See section 154(2) of the Cameroon Penal Code.

See section 113 of the Cameroon Penal Code.

Razit Sharma & Bhavika Sinha., 2018, Cyber Pornography in India – A Legal Insight, Journal of Emerging

Technologies and Innovative Research (JETIR), Volume 5, Issue 5, p.204.

Equally see section 343 criminalising immoral earnings, section 344 on corruption youth and section 347 on

indecency to minor between sixteen and twenty-one years.

Law No.2010 /012 of 21st December 2010 relation to cyber security and cyber criminality.

The African Union’s Malabo Convention of 2014.

This is in violation of section 265 and 343 of the Penal Code.

Robert M. Helfend available at https://www.robertmhelfend.com consulted 10/01/2024.

This convention acknoledges and defines specific offences such as child prostitution and the sale of

children, and criminalises related activities. The countries that ratified these treaties are legally bound to reform their national legal framework and policies accordingly, besides having to report periodically to the committe on the right f the child which monitors and implement the optional protocol.

A report by Nfor Hanson Nchanji, Ajong Santos and Godwin Jingang, 2017, ‘’Cameroon Controversial Sex

Tape : How the Hunter became the Hunted.’’ A reading from Cameroon News Agency, available at

https://cameroonnewsagency.com. Consulted 15 :12 :2023.

See Section 69 Law No.2010/012 of 21st December 2010 on CyberSecurity and Cybercriminality in

Cameroon.

This constitutional provision is empowered by Article 65 of Law No 2008/001 of 14 April 2008 to amend

and supplement provisions of Law No 96/06 of 18 January 1996 to amend the Constitution of 2 June 1972.

Nico Halle & Co. Law Firm, 2021, Privacy protection in Electronic communications under Cameroon Law.

Osman Goni et al., (2022), “The Basic Concept of Cyber Crime”, Journal of Technology Innovations and

Energy, p. 31, at: https://www.researchgate.net/publication/360454079 (accessed on the 25th of June 2022)

Legal Information Institute available at https://www.law.cornell.edu. Consulted 22 :05 :2024.

Law No. 2016/007 of 12 th July 2016 to amend and suppliment Law No 65-LF-24 of 12 November 1965 and

Law No.67-LF-1 of 12 th June 1967 instituting the Cameroon Penal Code.

Defamation as the penal code is viewed upon as contempt, an a contempt within the said law shall mean any

defamation, abuse or threat conveyed by gesture, word or cry uttered in any place open to the public or by

any procedure intended to reach out to the public. This shall hold through with the execeptions laid down in

article 306 of the same laws and the prosecution on grounds of contempt shall be time barred after the lapse

of four months from the commission of the offence or from the last step in the preparation in the preparation

or prosecution.

CamerounWeb, available at https://www.camerounweb.com. Consulted 20 :05 :2024.

Equally see affaire Sebastien Ebala Ytembe Bonda, Andre Boris Wameni and Flavy Kamou Wouwe

CamerounWeb.live available at www.camerounweb.live. Consulted 20 :02 :2024.

A legal action was filed against Jean de Dieu Momo in France and he was summoned before the 17th

correctional chamber of Paris judicial court on November 27, 2020 to answer for charges of accusation of

insulting via Facebook and WhatsApp a French Lawyer. Source Cameroon News Agency 1st september

, consulted 23 December 2023.

Zachary Laub, updated 2019, Hate Speech on Social Media : Global Comparisons, Council on Foreign

Relations.

Defyhatenow Field Guide Cameroon 2021, Social Media and Conflict

Available at https://www.un.org consulted 14 February 2024.

Law No.2019/020 of 24th December 2019.

See section 241 new on contempt of race or religion.

Available at https://qz.com. Consulted 13 February 2024.

Muktar Oladunmade, Feb 05, 2024, Senegal Shuts down mobile interent two days after postponing

presidential elections, available at https://techcabal.com. Consulted 14 February 2024.

Available at https://www.refugeelegalaidinformation.org/cameroon-lgbti-resources. Consulted 11 February

Hinduja S, & Patchin J.W, 2006, Offline Consequences of online victimization : School violence and

deliquency. Journal of School Violence. Volume 6 issue 3 Pp 89-112.

Hinduja S, & Patchin J.W, 2014, Bullying beyond schoolyard : Preventing and responding to cyberbullying

Corwin Press.

Smith P. K., et al., (2008), “Cyberbullying : Its nature and impact in secondary school pupils”, Journal of

Child Psychology and Psychiatry, 49, 376–385.

Menesini, Ersilia & Nocentini, Annalaura, (2009), “Cyberbullying Definition and Measurement: Some

Critical Considerations”, Zeitschrift Fur Psychologie-journal of Psychology - Z PSYCHOL. 217. 230-232.

1027/0044-3409.217, 4, p. 230.

Available at hhtps://www.cybersmile.org consulted 15 February 2024.

Available at hhtps://www.cybersmile.org consulted 15 February 2024.

Verma Amita, ‘‘Cyber Crimes & Law,’’ Central Law Publication, p-157-158 also available at

http://www.legalindia.com/cyber-stalking-the-impact-of-its-legislative-provisions-in-india/ (Accessed on 11

th February, 2016)

Oxford reference available at https://www.oxfordreference.com. Consulted 21 :05 :2024.

Cambridge Dictionary available at https://dictionary.cambridge.org. Consulted 22 :05 :2024.

Petrocelli, J. (2005). Cyber stalking. Law & Order, 53(12), 56-58).

Michael Pittaro. (2007) Cyber Stalking : An Analysis of Online Harassment and Intimidation. International

Journal of Cyber Criminology. Vol 1 issue 2 p.181, 180-197

Hutton, S. (2003). Cyberstalking. Retrieved February 18 2006 from National Wide Colar, Crime Center

Website https://www.nw3c.org. Cited by Michael Pittaro. (2007) Cyber Stalking : An Analysis of Online

Harassment and Intimidation. International Journal of Cyber Criminology. Vol 1 issue 2 p.181, 180-197.

Criminal responsibility shall lie on him who intentionally commits each of the ingredient acts or

ommissions of an offence with the intention of causing results which completes it.

Affaire Malicka Bayemi C/ Martin Camus Mim et Wilfried Eteki available at http://actucameroun.com

consulted 17th February 2024.

Médiatude available at https://mediatudecmr.com consulted 7th September 2022.

Available at https://www.edweek.org. Consulted 19th February 2024.

Social Media Victims Law Center, Available at https://socialmediavictims.org consulted 20th February

Australian Government eSafety Commissioner Report Abuse available at https://www.esafety.gov.au

consulted 18 February 2024.

Karan Lumsden and Heather M Morgan, “Cyber Trolling as Symbolic Violence: Deconstructing Gender

Abuse Online”at

https://www.researchgate.net/publication/317551298_Cybertrolling_as_symbolic_violence_deconstructing_

ge dered_abuse_online (accessed on the 6th of June 2022)

Sheridan L. P. and Grant T., (2007), “Is Cyberstalking Different ?”, 13(6) Psychology, Crimes and Law,

p.637.

Available at https://www.actucameroun.com consulted 14 February 2024, Equinox 8 :00pm new 9th July

Onformation filtering system is a system that removes redundant or unwanted information stream using

(semi) automated or computerized methods prior to presentation to a human users.

Published

2024-12-16

How to Cite

Evarestus, B. . (2024). The Social Media: A Setback to An Effective Protection of Human Rights Within the Cameroonian Legal District. Journal of Constitutional Law and Jurisprudence, 8(1), 55–66. Retrieved from https://lawjournals.celnet.in/index.php/Jolj/article/view/1671