2019 Southern African Digital Rights & Online Freedom of Expression Litigation Surgery

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Application Deadline: June 16th 2019

The Media Legal Defence Initiative (MLDI) is calling for applications from lawyers based in Angola, Botswana, Democratic Republic of the Congo, eSwatini, Lesotho, Malawi, Namibia, South Africa, Zambia and Zimbabwe to participate in a forthcoming litigation surgery and training on the right to freedom of expression online, digital rights and the internet.

All applicants are required to submit a current or potential case,
involving these matters, for discussion. Successful applicants will
attend the litigation surgery and become members of a digital rights
legal network through which there will be opportunities for engagement
both regionally and internationally.

Litigation surgery objectives

MLDI provides legal support to
journalists, bloggers and independent media. In recent years it has
supported a significant number of cases involving online media. These
have included challenging social media blocking and internet shutdowns,
contesting cybercrimes legislation, ‘false news’ regulations and
intermediary liability, as well as advancing greater protection of
sources and privacy online.

The objectives of the litigation surgery are:

  • To equip participants with skills, knowledge,
    and training to litigate using national and international laws as well
    as regional and international mechanisms relevant to freedom of
    expression online;
  • To build a digital rights network and help facilitate its engagement
    with international legal mechanisms and global civil society
    initiatives; and
  • To assist and develop working relationships amongst lawyers undertaking such cases.

Criteria for eligibility

Participants will be selected on the following criteria:

  • The surgery is open to lawyers who work and
    reside in Angola, Botswana, Democratic Republic of the Congo, eSwatini,
    Lesotho, Malawi, Namibia, South Africa, Zambia and Zimbabwe. Applicants
    can either be working in private practice or be working for, or be
    affiliated with, NGOs promoting the right to freedom of expression
    through litigation. Exceptionally strong applications will be considered
    as well from lawyers who have not yet undertaken freedom of expression
    work, but have experience litigating other human rights cases and have a
    strong interest in undertaking freedom of expression work.
  • A maximum of 12 participants will be selected;
  • Applicants must be proficient in English;
  • The lawyers must have a demonstrated interest in and/or knowledge of
    the right to online freedom of expression, digital rights, internet
    freedom and/or related issues;
  • The lawyers must have a demonstrated interest in and/or knowledge of international and regional human rights law;
  • With their application, applicants are requested to submit a case
    study of a case that they are litigating or intend to litigate and that
    could be discussed during the litigation surgery. As set out above, it
    will suffice for participants who do not have a case that is pending to
    have identified a relevant law, practice or policy relating to online
    freedom of expression that they would like to challenge in court.
    However, such participants must demonstrate their ability and
    willingness to pursue the case after the surgery;
  • The cases submitted must involve a violation of the fundamental
    right to freedom of expression online. The following non-exhaustive list
    of themes are a guide for the type of cases that could be submitted
    with the application:

    • Cybercrime laws;
    • Intermediary liability;
    • Internet shutdowns;
    • Restriction of online media;
    • Online privacy;
    • National security; and
    • Anonymity online.

MLDI is committed to equality of opportunity and diversity; and will therefore consider gender, age and country of origin in its selection of participants.

Benefits:

A maximuim of 12 participants will be selected for the litigation
surgery. There will also be two MLDI lawyers, an MLDI project
coordinator and an external facilitator.
MLDI will cover airfare, accommodation, travel expenses and a per diem.

How to apply

Please complete the attached application form and submit it to Michael Moss at [email protected]. The deadline is midnight on Sunday 16 June 2019

Shortlisted applicants will be notified soon after the closing date
and should be available for a Skype or telephone interview on 25 and 26
June 2019.

Deadline for applications: midnight on Sunday 16 June 2019

For More Information:

Visit the Official Webpage of the Southern African Digital Rights & Online Freedom of Expression Litigation Surgery

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