Brenda Yufeh
30 August 2007
interview
Q&A with Issowa Iyoni Samuel, legal consultant Yaounde.
How can the good use of the Internet be ensured in Cameroon?
First of all, it is important to note that our country attended the two phases of the World Summit on Information (WSIS) and signed the Tunis commitment during the second phase of the summit. In respect to this commitment and the subsequent Tunis Agenda for the Information Society, our country has accepted to build "a people-centred, inclusive and development-oriented information Society".
In this regard, we should consider Internet and the Information society as an opportunity, and try to meet and respect the Plan of Action as well as the Agenda for the Information Society. In our country, discussions are on the way towards meeting these goals. We are informed that the Ministry in Charge of Post and Telecommunications is preparing laws related to Internet and Cyber security.
These are laws that will review all our existing texts, adjusting them to those in conformity with Internet advancement worldwide. On the other hand, the National Agency for Information Technology (ANTIC) has gone operational to help put in place an Internet law in the country. We hope that very soon the agency will propose concrete measures to the government with regards to laws which will ensure good use of the internet.
Although the Internet is a resourceful tool for information, it also exposes children to other malpractices such as pornography. Can individuals sue Internet providers for any crime?
Generally, the Internet Service Provider (ISP) is not responsible for the "content of services" used by customers. Everybody can voluntarily watch a film through the Internet. The jurisprudence in this regard has produced various orientations considering that the ISP's role is to facilitate access to Internet. That is the position of the Supreme Court of the United States of America in the case AOL v. Kenneth Zerran. But in May 1998 in Munich, Germany ISP CompuServe was declared responsible of spreading pornography through it network. In French Law, the recent law n° 2004-575 adopted on 21st June 2004, and known as LEN (Loi pour la confiance dans l'économie numérique) gave a new stand to this and clearly states in its article 9 that an Internet Service Provider cannot be responsible for the content, except that he has requested the said content.
The Internet has become a fertile ground for thieves, how can such persons be identified and punished?
Usually criminal investigations are applicable to facts and breach of law committed through the Internet. There is no particular law that covers theft through Internet. People who are victims of theft through the Internet should be referred to the Judicial Police for investigations.
Information indicates that there is no law on the Internet in Cameroon. What consequences does this have?
Although there is no specific law on the Internet, it is known that Internet is not a no man's land territory. The laws applicable in the society are valid for Internet. For instance the Cameroonian penal code is applicable to acts and all breach of law committed through Internet. The French State Council, in a report of July 1998 on "Internet et les Réseaux numériques", declared that there were no particular need to create specific laws for Internet, but to adapt current laws to take into consideration aspects involving Internet.
What are some of the problems encountered in installing Internet services in the country?
In September 2006 the Ministry of Posts and Telecommunication presented a report entitled "Le niveau de penetration et d'utilisation des TIC au Cameroun" and admitted the importance of digital divide in our country. It was even mentioned that Cameroon is far behind in the field of new technology. Besides cultural and economic reasons, it is also noted that the government of Cameroon has a lukewarm attitude towards the field of Information and Communication Technologies (ICTs).
Culturally Cameroonians are not versed with the use of computer and still consider computer at times as luxury. Economically, many people can not afford to buy a computer given that the cost of a second hand computer can be equivalent to two to four month's salary of a civil servant. A lot still needs to be done as far as ICTs are concerned in Cameroon.
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