Balancing the Rights to Freedom of Expression and to Privacy on the Internet under the African Human Rights System

Freedom of expression and privacy are often in conflict in the digital environment. A possible way to resolve such conflict is through striking an appropriate balance between the two rights. This thesis explores the ways in which balancing freedom of expression and privacy is shaped by the communal conception of human rights within the African human rights system; the unique dynamics of Internet and online communication; and selected contexts on the Internet. Ultimately, this thesis advocates for an African approach to balancing these rights in the digital space involving the application of balancing touchstones anchored in the African conception of human rights law.