Ethiopia: Computer Crime Proclamation (No. 958/2016) including content moderation regulation entered into force

On 7 July 2016, the Computer Crime Proclamation No. 958/2016 entered into force. The law addresses illegal content, specifically prohibiting obscene or indecent material involving minors, including the production, transmission, sale, distribution, or possession of materials depicting minors engaged in sexually explicit conduct. The law also prohibits content that threatens, intimidates, or causes fear to individuals or their families, as well as defamatory material and content that causes psychological distress through surveillance. The law further prohibits content that incites violence, public disorder, or conflict. The law establishes service provider liability, holding providers criminally responsible for illegal content disseminated through their systems if they are directly involved in its dissemination or editing, fail to take action to remove or block access after becoming aware of its illegality, or do not act upon notification from authorities. This creates a clear obligation for proactive content moderation. Additionally, the law introduces reporting requirements, mandating that service providers notify the Information Network Security Agency and report to the police upon discovering illegal content on their platforms, while also taking appropriate steps to address such content. Regarding enforcement, the law allows authorities to request court warrants for the interception or surveillance of communications suspected to contain illegal content, with provisions for warrantless action in urgent cases involving critical infrastructure. The proclamation grants investigatory bodies the ability to request court orders to suspend or restrict access to computer systems or data found to be operating unlawfully, with courts required to issue such orders within 48 hours of the request.