Rwanda Investigation Bureau, on August 15, arrested three YouTube users—two Ugandans and one Rwandan—who are being prosecuted for interviewing Elie Nsanzimana, who suffers from mental illness.

The arrested are Racheal Kembabazi, Lawrence Mayanja Muwanguzi who operates YouTube channels ‘Connect with Uganda’ and ‘UG Connect’, and Xavier Niyibizi Xavier who owns a website called ‘Nexo Adventures’. All three are detained at Kimihurura RIB Station.

As per media regulations, it is not only unethical to interview someone who is unable to give their own consent, but also, it is punishable under Article 163 of the Rwandan law, which provides for people with disability against any form of abuse and discrimination.

The third article of Law No. 01/2007 of January 20, 2007, which protects people with disabilities in general, provides that every person with disability has the same rights as others before the law, and must be respected and treated as a human being.

Its 27th item states that anyone who commits a crime of discrimination or any kind of violence against a person with a disability will face the highest punishment in the provisions of the Penal Code.

This is not the first incident of its kind, and while social media platforms were initially designed to serve as virtual arenas where people can freely express their thoughts and opinions and engage in spirited discussions on a wide range of topics, from weighty matters such as social issues, the economy, and politics, to lighter fare such as sports and entertainment, this demonstrates the need for establishing a common understanding on social media content.

While some may argue that social media platforms are ideal for the unfettered expression of one’s thoughts, examples such as the case of Evariste Tuyisenge, ‘Ntama W'imana 2’ who was arrested for having posted a tweet that encourages the public to defile children (young girls), shows that it is critical to think about how one uses their social outlets.

ALSO READ: RIB arrest man over tweet encouraging defilement

Below are outlined examples that could be considered wrongful ways to use social media platforms:

Indecency

When four girls were arrested in 2020 for uploading naked photos of themselves on Instagram, many people resorted to the same social media platforms to express their outrage.

The girls were arrested by the Rwanda Investigation Bureau (RIB) after the nudes were uploaded to their Instagram accounts. When questioned, they claimed that they posted the pictures while drunk and had no idea that publishing naked photos was a crime.

It is punishable under the statute against indecency. According to Article 143 of the law, anyone who performs an indecent act in public commits an offense punishable by six months to two years in prison. The rationale being that social media sites are considered public, and hence uploading indecent content results in the same punishment.

ALSO READ: Five online practices that may land you in jail

Child pornography

Child pornography is a type of child sexual exploitation in which any visual depiction of sexually explicit behaviour includes a minor (someone under the age of 18).

For instance, RIB arrested four YouTubers earlier this month on suspicion of using children for pornographic content. The arrested individuals were being investigated for using children in pornographic films and spreading them using social media channels like YouTube.

ALSO READ: RIB arrests four YouTubers over child pornography

According to the 2018 Child Protection Law, this is an offense punishable by imprisonment for not less than five (5) years and not more than seven (7) years, as well as a fine of not less than seven million Rwandan francs (Rwf7 million) and not more than ten million Rwandan francs (Rwf 10 million).

ALSO READ: Rwandans urged to step up fight against 'online' Genocide denial

Online genocide ideology, denial, revisionism, minimisation

According to the law against Genocide Ideology, anyone who publicly disseminates genocide ideology through documents, speeches, pictures, media, or any other means faces imprisonment for twenty (20) to twenty-five (25) years and a fine of two million (2. 000. 000) to five million (5.000. 000) Rwandan francs.

Publication of rumours, defamation

Rwandan law states that any person who, knowingly and through a computer or a computer system, publishes rumours that may incite fear, insurrection, or violence amongst the population or that may make a person lose their credibility, commits an offense, and upon conviction, the offender faces a jail term that ranges between three years to five years and a fine between Rwf 1 million and 3 million.