Report No. 1 February 2025

Safeguarding Artistic Freedom of Cartoonists and Commercializing Cartoon Characters in Africa

Preface

Safeguarding cartoonists’ artistic freedom of expression is crucial in Africa. It is essential for nurturing vibrant cultural dialogue and promoting democratic values. These artists play a vital role as commentators on societal issues. They show the complexities of their communities, challenge injustices, and hold governments accountable. Cartoonists empower citizens by amplifying diverse voices. They tackle pressing human rights concerns. This enables people to engage in public discourse and advocate for change.

Cartoonists’ creative expression must be protected as they navigate restrictive environments, which must be a priority. Protecting their freedom is crucial to fostering a society where creativity can thrive. This report explains why this freedom is important. It highlights the vital role cartoonists play in shaping the future of African societies. African governments should focus on the economic empowerment of cartoonists instead of censorship. The economic impact of cartoon characters on various media platforms is also examined.

Introduction

Kibet Bull, a cartoonist from Kenya, gained wide attention in November 2024. His satirical silhouettes of President William Ruto quickly went viral. But on December 24, 2024, Kibet reported being kidnapped. He believes his abduction was tied to his critical artistic expressions about the Kenyan government and its president. After his release from captivity, Kenya police launched investigations into Kibet’s claims.

The Law Society of Kenya has taken proactive steps to protect Kenya’s artists, particularly cartoonists. The society has condemned the acts of censorship against these artists. They have also filed several habeas corpus cases in the High Court that demand the production of individuals held unlawfully. Unfortunately, internet censorship also led to significant economic losses in Kenya as reported by the Business Daily Newspaper. The incident includes the shutdown of social media platforms like Telegram in 2024.

We are an organization advocating for copyright-based artistic rights across Africa. We are deeply concerned about the ongoing political discourse within Kenya’s political sphere. Media reports from 2024 to 2025 show intense debates on the boundaries of artistic freedom. These discussions are especially relevant for cartoonists like Kibet Bull. A particularly controversial cartoon depicted the president inside a coffin, sparking polarized discussions.

We must voice our support for artistic rights and freedoms in Kenya and Africa. This situation underscores the need to recognize satire’s role in democracy, uphold cartoonists’ responsibilities, and protect freedom of expression. Governments and politicians must foster a climate of tolerance. They should also seek legal recourse through appropriate channels when grievances arise. Kenya, for instance, has established legal frameworks to handle issues of media misconduct responsibly.

Why we Advocate & Collaborate for Artistic Rights in Africa and Beyond.

Our slogan, “Everything You Need to Know Now About Copyright in Music & Creative Business in Africa,” reflects our commitment to providing essential knowledge and skills to individuals and organizations impacted by copyright in Africa’s creative industries. In 2023, we partnered with the Pan-African Network for Artistic Freedom (PANAF) to research and document the state of artistic freedom of expression in Kenya. PANAF advocates for artistic freedom in the creative sector, striving to create an inclusive platform for artists, organizations, and cultural producers that demands safe and supportive environments for artistic expression.

Established by Selam, a non-profit cultural organization founded in 1997, PANAF is rooted in a Pan-African vision. Selam, headquartered in Sweden with offices in Addis Ababa, Ethiopia, and Nairobi, Kenya, has evolved into an influential international entity. It collaborates with artists, cultural producers, the private sector, media, institutions, researchers, and authorities across Africa. Selam engages actively in global and African cultural networks. They share experiences through networking meetings. They also participate in pan-African conferences in Africa, Europe, Latin America, the Caribbean, and Asia.

The research, available for download here, highlights the significant challenges faced by Kenyan cartoonists. These challenges particularly concern their rights, freedoms, roles, and responsibilities. The report explores the role of satire in democracy. It underscores the need for reforms in censorship. It also emphasizes the promotion of cartoonists’ rights. It additionally supports creating a Reprographic Rights Collective Management Organization. This organization would aid visual artists in safeguarding and selling their copyrighted works.

Artistic Rights and Satire in Sketching Democracy. The Vital Role of Cartoonists in Political Commentary.

Cartoonists play a crucial role in democracies worldwide, using satire to critique political figures and institutions. As democracies evolve globally, the prominence of this form of social commentary will continue to rise. Satire allows citizens to engage in meaningful discussions about governance. It forms a cornerstone of freedom of speech, enshrined in democratic principles.

In Kenya, the constitution guarantees the right to freedom of expression. For decades, cartoonists have created satirical illustrations. Artists like Paul Kelemba, known as Maddo, critique Kenyan politicians through their work. Since 1992, Maddo’s series “It’s a Madd Madd World” has reached audiences globally. It is distributed through both digital and traditional platforms. Additionally, cartoonist Gado has significantly influenced the landscape of cartooning in Kenya.

At The Music Advocate Africa, we believe cartoonists fulfill key roles in a democracy:

1. Promoting Accountability:

Cartoonists play a vital role in examining government actions and policies. They draw attention to inconsistencies, corruption, and failures. This promotes accountability among leaders. Notable Kenyan cartoonists like Ozone and Gado have skillfully critiqued political figures on various issues, including corruption.

Cartoon by Kenyan artist Ozone depicting Kenya’s parliament. The 2024 Kenya Finance Bill failed. President William Ruto rejected it after parliament passed it.

2. Encouraging Public Discourse:

   Through their work, cartoonists stimulate public discussion on important topics, making complex issues more accessible. In 2024, many Kenyan cartoonists highlighted the Finance Bill. President William Ruto rejected it after significant public dissent.

Cartoon by Kenyan cartoonist Ozone depicting Zakayo atop of a tree during the Kenya Gen Z protests in 2024

3. Reflecting Public Sentiment:

   Cartoons capture and mirror public opinion, serving as a barometer for political leaders to gauge public sentiment.

4. Protecting Freedom of Expression:

   Cartoonists embody the democratic principle of free speech, defending this right for all citizens and ensuring diverse voices are heard.

5. Challenging Power Structures:

   Cartoonists can challenge power structures uniquely, provoking thought and inspiring change by presenting different perspectives.

Cartoon by Kenyan cartoonist Gado depicting police excesses during the Kenya Gen Z protests in 2024.

Rights and Responsibilities of Cartoonists

Our members and subscribers have been actively discussing the limits of artistic expression. While artists enjoy freedom of expression, these right carries responsibilities. Ethical boundaries must be respected, avoiding hate speech, incitement to violence, or defamation. We encourage cartoonists to use their platforms constructively, promoting dialogue rather than division. Understanding their rights and responsibilities ensures cartoonists are informed and protected in their creative endeavors.

Rights of Cartoonists

1. Freedom of Expression:

 As a cartoonist, you have the right to express ideas and opinions through your art. This fundamental right is protected by law, allowing critique and satire on societal and political issues. While global consensus acknowledges potential limitations, these should not censor political expressions.

2. Intellectual Property & Commercial Economic Rights:

 Your creations as a cartoonist are protected by copyright, granting you exclusive rights to reproduce, distribute, and show your work. You can commercialize these rights but must avoid infringing on others’ works by seeking permission before using them.

3. Moral Rights:

You keep the right to be credited for your work. You can also object to any derogatory treatment that harms your reputation. If your work is distorted, you can seek legal redress. This can be done through bodies like the national copyright office, Copyright Tribunal, or Courts of Law.

Responsibilities of Cartoonists

1. Respect for Others:

   Avoid infringing on others’ rights, including defamation and hate speech. Stay unbiased and lawful.

2. Ethical Considerations:

   Consider the impact of your work on different communities, balancing cultural sensitivities with constructive dialogue.

3. Professional Conduct:

   Engage professionally with clients and audiences, honouring contracts and maintaining transparency.

Remember, artistic freedom is powerful, and with it comes the responsibility to use it ethically. Seek legal support if your rights are violated.

Defamation and Responsibilities of Public Figures

Public figures, including politicians, are subject to scrutiny and criticism but can seek redress if defamed. Legal frameworks should resolve such disputes without stifling expression. Defamation involves false statements harming a person’s reputation and includes:

– Libel: Written defamation.

– Slander: Spoken defamation.

Responsibilities of Public Figures & Politicians

1. Tolerance of Criticism:

   Public figures should tolerate higher levels of criticism, as part of democratic discourse.

2. Legal Recourse:

   If genuinely defamed, they can seek legal recourse, proving falsehood, damage, and malice.

Cartoonists’ Responsibilities

To avoid defamation and national security issues, cartoonists should:

1. Verify Facts:

   Guarantee factual accuracy in their work.

2. Distinguish Opinion from Fact:

   Separate satire from factual statements.

3. Avoid Hate Speech:

   Steer clear of incitement to violence or hate speech.

4. Contextual Awareness:

   Be aware of socio-political contexts and adapt approaches while maintaining integrity.

5. Consult Legal Advice:

Seek legal guidance to ensure compliance with defamation laws and national security regulations. Cartoonists should balance their right to expression with ethical considerations. By doing so, they can effectively engage in social and political commentary. This way, they avoid crossing legal boundaries.

Promoting Artistic Rights in Africa

African countries should prioritize artistic rights by establishing robust legal protections and public incentives for cartoonists. Governments must foster a culture of tolerance for diverse opinions, creating an environment where artists can work without fear. Media houses, organizations, and citizens should also encourage political criticism and public discourse.

The Role of Media and Advocacy Organizations

Media outlets are crucial in defending cartoonists’ rights by providing platforms for their work and supporting freedom of expression. Developing cartoon advocacy organizations across Africa can offer essential support and protection for artists facing persecution. Challenges for cartoonists are not limited to Africa; even in democracies like the United States, cartoonists face censorship. For instance, Cartooning for Peace has documented cases of American newspapers refusing to publish certain cartoons.

A notable example is Ann Telnaes. She is a prominent American cartoonist with the Washington Post. She announced her resignation on January 4, 2023. This decision followed the newspaper’s refusal to publish one of her editorial drawings due to its controversial message. The cartoon addressed political themes and social justice, which are central to provoking thought and discussion in editorial cartoons.

Telnaes, a Pulitzer Prize winner, has consistently tackled challenging issues through her artwork, garnering both acclaim and criticism.

She described the refusal to publish her drawing as “unprecedented,” highlighting broader concerns about constraints on journalists and cartoonists.This incident sparked discussions about censorship. It also highlighted artistic freedom and the role of media in political discourse.

These discussions illustrate tensions between editorial policies and creative expression in the United States of America. Telnaes explained her position on social media, emphasizing her commitment to free expression in journalism. Her resignation resonated with many who advocate for editorial cartoonists as critical societal commentators.

This situation underscores a vital lesson: both state and non-state actors can infringe on a cartoonist’s freedom of expression. Censorship can suppress expression and must be scrutinized in terms of how countries handle it.

In a striking twist of fate, Godfrey Mwapembwa, belovedly known as GADO, found himself at a crossroads in 2015. After 23 years, he brilliantly illuminated the pages of the Nation Media Group with his sharp and witty editorial cartoons. The news of his contract not being renewed came as a shock. It left GADO grappling with feelings of disbelief and betrayal.

The catalyst for this unsettling turn of events began with a controversial cartoon. It depicted Tanzanian President Jakaya Kikwete. This resulted in the abrupt closure of the East African Newspaper. Management scrambled to handle the fallout. They encouraged GADO to take a sabbatical. This decision would later entangle him in a web of miscommunication. Rumors about his departure spread.

In his article “No Country for Cartoonists – The Exit of GADO Mwapembwa,” investigative journalist John Allan Namu highlights whispers about GADO’s departure. Despite this, GADO’s innovative spirit flourished. He adeptly captured the complexities of Kenyan life and politics. He did this through humor and sharp criticism. His relationship with the powerful figures he satirized was always fragile, but the increasing intolerance for dissent heightened the risks. His cartoons, once a source of laughter and insight, now faced scrutiny. This occurred in an environment where freedom of expression was under threat. Concern among his peers grew. They suggested that forcing out someone as respected as GADO could have severe consequences. It could affect other journalists as well.

Despite the challenges ahead, GADO remained committed to his craft. Determined to continue his work with Buni Media, he refused to silence his voice or yield to external pressures. “I have freedom of choice,” he asserted, pledging to tackle difficult subjects with humor and creativity. As he prepared to forge a new path, a pressing question lingered. What would the future hold for editorial cartooning in Kenya? How would GADO’s departure impact a media landscape already struggling with the tension between journalism and government? Ultimately, GADO’s legacy as a fearless cartoonist would endure, even as the fight for artistic freedom persisted.

As at 2023, more than 500 cartoonists from around the world have joined the online platform Cartoon Movement. Besides promoting professional cartoonists and their work, its founder Tjeerd Royaards works to safeguard freedom of expression. ‘As a last resort we help threatened cartoonists flee their country.’ Cartoon Movement has been working together with the Dutch Ministry of Foreign Affairs for ten years.

Cartoon Movement is led by award-winning cartoonist Tjeerd Royaards. His work has appeared in a variety of publications. These include The New York Times, BBC, CNN, The Guardian, Der Spiegel, and Le Monde. It has also been featured in Courrier international, France 24, Internazionale, and POLITICO Europe. Tjeerd is also on the Board of Advisors of Cartoonists Rights Network International and a member of Cartooning for Peace.

What makes the cartoon such an important medium of expression?

‘It allows you to condense complex messages into a single, meaningful image. A single powerful image can highlight problems in society. It pinpoints the sore spots. This is especially true for issues like human rights, climate problems, and income inequality.’

Global Practices in Safeguarding Artistic Expression of Cartoonists

Countries worldwide have taken steps to protect cartoonists’ rights. The African and European Union’s champion freedom of expression as a core value. Many nations in Asia and America have enacted laws safeguarding artistic freedom. Research consistently shows that protecting these rights enhances democratic engagement and creativity. Nevertheless, challenges exist globally, not just in Africa. Africa is defining its democratic practices, many of which promote freedom of expression.

According to Selam’s PANAF initiative, Africa needs to enhance efforts in protecting and advocating for creators’ freedom of expression. PANAF’s 2024 report, “Artistic Freedom in Africa: A Comparative Study of Eight Countries,” highlights pervasive challenges for artists. These challenges are faced especially by those seen as government critics. The study was conducted in Kenya, Ethiopia, Uganda, The Gambia, Zambia, Mozambique, Rwanda, and Nigeria. It reveals how authorities often constrain artists’ ability to act. They hinder artists’ ability to show or spread their work. Consequences for expressing opinions or exploring contentious themes can include harassment, legal pressure, arrest, and torture. Musicians, filmmakers, and cartoonists are particularly targeted, illustrating the vulnerability of artistic expression in these regions.

The 2024 PANAF Report underscores the critical need for sustained advocacy to preserve freedom of expression. This is a cornerstone of artistic practice and democracy in Africa. According to Teshome Wondimu, Founder & Executive Director of Selam, “Artistic freedom is not merely a privilege. It is a necessity for transparency, accountability, and socio-economic development within African societies.” This report provides findings and recommendations to inform policymakers and stakeholders. It urges concrete actions to improve artists’ operating conditions.

Teshome further notes that despite challenges, PANAF has made significant strides, particularly in Uganda and Zambia. However, progress in other countries has been slow. This is due to the sensitivity of the subject and varying levels of policy engagement. He emphasizes the importance of continued advocacy with government agencies, civil society organizations, and human rights groups to drive change.

According to Kenya’s Business Daily, there has been a surge in internet censorship. Data journalists John Waweru and Vincent Owino wrote an article about this issue. The article is titled “Rise of Internet Censorship in Kenya & Its Effects on Economic Growth”. In it, they note that Kenya has surpassed its neighbors. Uganda and Tanzania lag behind Kenya in terms of internet restrictions. There are also associated economic losses. The economic loss due to internet shutdowns in Kenya nearly tripled to 9.7 billion Kenyan Shillings (approximately 75 million USD) in 2024. The costliest interruption occurred in November 2024 when the Communications Authority of Kenya restricted the use of Telegram. Kenyan artists rely on social media to express their art. They use it to commercialize their talent. Therefore, the Kenyan government must reassess its approach to internet censorship. This is crucial as all African countries must strive to create jobs and promote economic development. Internet censorship is linked to negative economic growth.

Key Highlights of PANAF 2024 Artistic Freedom in Africa Report: It is a comparative study of eight countries. These countries are Kenya, Ethiopia, Uganda, The Gambia, Zambia, Mozambique, Rwanda, and Nigeria.

ETHIOPIA:

“The findings of the 2024 PANAF report shed light on the state of artistic freedom in Ethiopia, highlighting the extent to which artists have been able to imagine, create, and distribute their works without censorship or interference from non-state actors in the years following the political reform of April 2018. However, while artists enjoyed considerable freedom in these aspects, other indicators such as the protective role of copyright laws, economic benefits derived from art, and public access to artistic works were found to be performing at suboptimal levels. Consequently, the overall practice of artistic freedom in Ethiopia was deemed moderate, falling short of artists’ expectations.” Arsema Worku (Secretary General, Ethiopia Film Producers Association).

THE GAMBIA:

“The primary goal of the study was to propose necessary reforms and the implementation of legal measures that will safeguard the rights of artists and their audiences at various levels, including regional, national, and sub-national. The PANAF initiative involves close collaboration with relevant national institutions and other stakeholders. The study also aimed to identify existing gaps, limitations, opportunities, and challenges within The Gambia’s legal framework pertaining to cultural and artistic matters. Special attention was given to gender considerations, recognizing the importance of addressing gender-related issues as a cross- cutting theme.” Ali Cham (President, Team Gomsa Bopa).

KENYA:

“The research aims to provide the Pan African Network for Freedom of Expression (PANAF), artists, audiences, and advocates with knowledge and data on the state of artistic freedom in Kenya. This, in turn, presents opportunities to design, develop, and incubate programs that contribute to the promotion of artistic freedom ideals. The study highlights that artistic freedom is a fundamental human right and is essential for the development of a vibrant arts and creative industry. However, in Kenya, artists face several challenges that limit their ability to exercise their artistic freedom fully. The report identifies these challenges and provides recommendations on how to address them.” Tabu Osusa (Executive Director, Ketebul Music)

MOZAMBIQUE:

“Despite the absence of an official censorship body and the constitutional guarantee of freedom of expression, self-censorship remains prevalent among individuals in positions of power. The report sheds light on challenges faced by artists, audiences, and policymakers in their efforts to uphold and protect artistic freedom. The findings reveal several threats to artistic freedom, including inadequate legal protection, insufficient support and funding for arts and culture, censorship of critical content, political interference, and a lack of awareness regarding artists’ rights. Furthermore, despite attempts to address gender inequalities, the cultural and creative industries continue to lack specific measures to tackle gender imbalances, thereby perpetuating gender inequality within the sector.”

Rufus Maculuve (President, Federação Moçambicana das Indústrias Culturais e Criativas). From March 2021 to July 2023, Rufus Maculuve led the Federação Moçambicana das Indústrias Culturais e Criativas (FEMICC). He has been involved in initiatives aimed at promoting the cultural and creative industries in Mozambique, including the training of cultural workers and the development of tourism

NIGERIA:

“The study proposed the introduction of a “creative expression licence” law. If implemented by the Nigerian government, this law would grant creative artists in Nigeria and Africa the freedom to express themselves, safeguarding them from any form of brutalization or humiliation inflicted by government officials, religious institutions, or cultural organisations. Furthermore, the research delved into the examination of challenges and limitations encountered by the creative sector in Nigeria, particularly concerning copyright administration and enforcement. Recognizing the importance of fostering collaboration between government agencies and the creative industry, the study emphasised the need for enhanced cooperation to promote a better understanding of artists’ rights and to cultivate an environment of respect within the sector.”

Fidelis Duker (Convenor and Creative Director, Creative Artiste Network).

RWANDA:

“The report acknowledges that artistic freedom in Rwanda cannot be considered solely as a progress indicator due to the ongoing process of social and economic reconstruction after the Genocide against the Tutsi in 1994. Local artists still need to understand their rights, learn how to exercise them within the confines of the law, and develop the capacity to challenge any interference with their artistic practices. The report also explores the main challenges to artistic freedom in Rwanda, such as lack of qualifying training, limited access to resources and investments, divergent views on cultural values, limited mobility schemes for artists, and limited enforcement of some international conventions.”

Samuel Sangwa (Rwanda Rights Initiative).

UGANDA

“The creative industry in Uganda has long faced numerous challenges, including existing laws, industry customs, the artists themselves, and a lack of government support…Uganda has enacted numerous laws that have impacted the rights and freedom of artists. This can be attributed to the increasing number of Ugandans who have emerged to showcase their talents despite various challenges…Due to a lack of robust structures and markets that enable artists to earn from their work, the study emphasised that artists are dependent on political or state favours to survive. This compromises their ability to advocate for effective policies and access efficient markets.” Bwanika Julius Mzee (Executive Secretary, Pearlwood) & Nagadya Solome (Director Legal Services Division, Foundation for Human Rights Initiative).

ZAMBIA

“In Zambia, as in many other countries around the world, artists are among the most courageous human rights defenders and social justice advocates. They have not missed the opportunity to participate and use their influence for social causes and defending human rights through art in any form, whether it is musical lyrics, poetry, drawing, paintings, photography, or expressions of folklore. Despite the enormous contributions of artists to the growth and vibrancy of our democracy through their artistic expressions, they continue to face political opposition, arrests, and court prosecutions as a direct result of their work.” Muleta Kaptiso (Lawyer, activist, consultant).

United States

First Amendment Protections:

The U.S. Constitution’s First Amendment robustly safeguards freedom of speech and expression, including artistic works. Courts consistently uphold these rights, enabling artists to critique and satirize public figures without fear of government censorship.

United Kingdom

Human Rights Act 1998: 

This act incorporates the European Convention on Human Rights into UK law, including Article 10, which protects freedom of expression. The UK has a strong tradition of satire and political commentary in its media and arts.

France

Freedom of the Press Law (1881):

Primarily focused on the press, this law also protects artistic expression, allowing artists to critique political and social issues without undue censorship.

Germany

Basic Law (Grundgesetz):

Article 5 guarantees freedom of expression, including artistic and scientific freedom. Germany’s legal framework supports a vibrant culture of political satire and critique.

South Africa

Constitution of South Africa: 

The constitution explicitly protects freedom of expression, including artistic creativity, while balancing provisions against hate speech, providing a nuanced approach to artistic freedom.

Sweden

Fundamental Law on Freedom of Expression: 

Sweden has one of the world’s oldest freedoms of expression laws, fostering open dialogue and creativity. This framework supports a wide range of artistic expression without fear of censorship.

Japan

Constitution of Japan: 

Article 21 guarantees freedom of assembly, association, speech, and all forms of expression, extending protection to artists and their work.

Canada

Canadian Charter of Rights and Freedoms:

Section 2(b) protects “freedom of thought, belief, opinion and expression,” including artistic expression. Canadian courts affirm these rights, supporting a broad scope of artistic freedom.

Australia

Although lacking a formal bill of rights, the High Court recognizes an implied freedom of political communication, offering protection to artistic expression, especially in political contexts.

Examples of Practices and Policies

Art Councils and Funding: 

  Countries like Sweden, France, Germany, South Africa, Nigeria, Canada, and the UK have arts councils and public bodies that provide funding and support for artists, fostering an environment where artistic freedom can thrive. The Kenya Film Commission offers funding grants to Kenyan filmmakers.

Legal Support and Advocacy:

Organizations such as PEN International, SELAM, Cartoonists For Peace, and Freemuse advocate for artists’ rights globally, providing legal support and raising awareness about threats to artistic freedom. A variety of global legal frameworks support artistic freedom, reflecting diverse cultural and historical contexts. While specifics may vary, the core principle remains: fostering an environment where artists can freely express their ideas is crucial to a vibrant and democratic society.

According to Reporters without borders, cartoonist are under threat in many countries across the world. in 2024, their website reported numerous cases including :

Jimmy Spire Ssetongon (Uganda): fearing for his life 
Jimmy Spire Ssetongon is an award-winning, self-taught cartoonist who has worked for various outlets including The Observer newspaper. In 2023, he announced that he would stop contributing to the Cartooning for Peace campaigns, for which he had provided cartoons on such issues such as poor road infrastructure, public health and safety. He feared for his life after receiving reports of threats against him. In 2024, he was also subjected to online harassment after launching an anti-corruption campaign on X. 

Al-Hudood (Jordan): blocked satire 
Launched in Jordan in 2013 and currently operating from its exile base in the United Kingdom, the satirical news website Al-Hudood(“The Borders” in Arabic) does not hesitate to tackle sensitive subjects such as corruption or poor governance in the Middle East. Its humour is known to irritate the regimes it criticizes and it says on its website that its journalists and cartoonists “remain anonymous for obvious security reasons.” In July 2023, Jordanian authorities blocked access to the site within the kingdom without specifying the reason. The ban was decreed shortly after Al-Hudood mocked lavish spending linked to the Jordanian crown prince’s wedding. 

Rachita Taneja (India): facing six months in prison for “contempt of court” 
Rachita Taneja is known for “Sanitary Panels,” her online comic strip on Facebook, Instagram and X (the former Twitter), in which she comments on social and political news with humour and insight. In 2019 and 2020, she also wrote a weekly column for Forbes India. In 2021, she was charged with “contempt of court” over three satirical cartoons about interactions between Indian political and judicial figures that she had posted on her @Sanitarypanels Twitter page in 2020. A member of the student wing of Prime Minister Narendra Modi’s Bharatiya Janata Party (BJP) had filed a complaint claiming that the cartoons undermined public confidence in the judicial system. She is still awaiting trial on these charges, for which she could be sentenced to six months in prison. 

Manjul (India): two complaints about posts on X 
In an email on 4 June 2021, the legal department of Twitter (now renamed X) notified award-winning Indian cartoonist Manjul that it had received a request from an “authorised entity (such as law enforcement agency or a government agency)” for the removal of content from his account on the grounds that it violated India’s laws. Manjul had just posted a series of cartoons criticising the Modi government’s inaction in the face of the second Covid-19 wave, which hit India hard. The email told him that Twitter had taken no action in response to the request (about which it provided no details) but it suggested that he could respond in various ways, including seeking legal counsel or removing content, if he so wished. After initially seeking help from the Internet Freedom Foundation about filing a “Right To Information” (RTI) request, Manjul eventually abandoned his attempt to identify the complainant. A few days after receiving the message, he was fired by the Network18 media outlet. On 3 January 2025, Manjul received a similar message from X notifying him that the Mumbai police had complained about one of his cartoons.

Ahmed Kabir Kishore (Bangladesh): tortured while held over cartoon diary during Covid-19 pandemic
Well-known Bangladeshi cartoonist Ahmed Kabir Kishore kept a cartoon diary about politics in Bangladesh during the Covid-19 pandemic. Posted on social media and entitled “Life in the Time of Corona,” it including cartoons about cases of corruption related to the pandemic. Arrested on 5 May 2020, he was detained on a charge of “spreading rumours and misinformation” on Facebook about the pandemic under the very Kafkaesque Digital Security Act of 2018. After being held for more than ten months, he was finally released on bail on 4 March 2021 as a result of a decision issued by the Bangladesh High Court the day before. He showed signs of torture on his body when released from prison. Three months later, on 13 June 2021, authorities filed new charges of “anti-government rumours and activities” against him under the same law. He fled the country on 7 December 2021 and now lives in exile in Sweden.

Opptertus “Optatus” Fwema (Tanzania): held for two weeks over cartoon of president 
Tanzanian cartoonist Opptertus “Optatus” Fwema was arrested at his home on 24 September 2021 after posting a cartoon on Instagram that portrayed President Samia Suluhu as a child playing with a basin of water while her perceived mentor, former President Jakaya Kikwete, protected her from criticism and reassured the public, highlighting his continuing influence in Tanzanian politics. Fwema was held for nearly two weeks on a charge of “publishing false information” under the Cybercrime Act before being released on bail. After hearings were repeatedly postponed, the case was finally dropped in September 2022.

Reporters Without Boarders  (RSF) is an international non-profit organization. It is based in Paris, France. The organization is dedicated to promoting and defending freedom of the press worldwide. Founded in 1985, RSF works to protect journalists and media outlets from censorship, harassment, and violence. The organization also advocates for the legal rights of journalists. It aims to raise awareness about the challenges they face in various countries.

Key activities of Reporters Without Borders include:

• Monitoring press freedom: RSF releases annual reports and rankings that evaluate press freedom in different countries.
• Advocacy: They engage with governments and international bodies to influence policies that affect media freedom.
• Assistance to journalists: RSF provides support to journalists in distress, including offering legal assistance and emergency funds.

Why African Governments and the African Union Should Accelerate Efforts to Protect and Promote Intellectual Property Rights of Cartoonists and Their Cartoons: A Case Study of American Practices in Promoting Cartoon Commercial Rights

We believe the African Union should enhance its proactive stance. It should champion the rights of cartoonists. Drawing inspiration from exemplary global practices is crucial. By advocating for policies that protect artistic expression, the AU can protect artistic expression across Africa with supportive policies. This will ensure that artists contribute meaningfully to societal discourse in Africa. The AU should encourage African countries to adopt a uniform code promoting copyright and freedom of expression. The African Union has already initiated a continental campaign to promote cultural funding. In partnership with the Swedish Arts Council, Selam is implementing the Connect For Culture Africa program. This initiative advocates for all African countries to allocate at least 1% of their annual budgets to cultural industries. This should be achieved by 2030. This includes the promotion, protection, and commercialization of these industries, which will benefit artists and citizens.

African governments need to recognize the commercial potential of embracing and promoting cartoon illustrations and visual expressions.

Case Study: Batman, Spiderman & Dracula – American Cartoon and Movie Franchise Characters

Over the last 40 years, Batman, Dracula, and Spiderman have been the top franchise characters. They are most used for movies and video games in the United States. It is the world’s largest media market. Comic superheroes and heroines are integral to contemporary pop culture and represent a multi-billion-dollar global industry. Research by the World Intellectual Property Organization (WIPO) reveals that these characters have dominated franchise media. This demonstrates the economic impact of effective intellectual property management.

The study “Batman Forever? The Economics of Overlapping Rights” examines comic characters’ protection. They are covered under both copyright and trademark law. The study highlights economic and policy implications. Overlapping IP rights can increase business transaction costs. Nonetheless, they also help build and protect a character’s brand across various sales channels.

According to the study, Batman has appeared in 73 movies and 84 video games since 1980, generating over USD 2.8 billion in sales. Similarly, The Avengers, Captain America, Black Widow, and Hulk have become highly successful franchises. This demonstrates the transmedia appeal of comic characters. It underscores the importance of considering diverse media platforms when analyzing franchising opportunities.

This United Nations research provides a valuable starting point for African governments. It encourages them to rethink their interactions with cartoonists, comics, and film creators. This includes all creative industries reliant on artistic rights and freedoms.

Advisory Note on Leveraging Cartoon Character Commercialization in African Economies

Overview of Batman’s Influence on Cartoon Culture:

Batman, created by artist Bob Kane and writer Bill Finger, debuted in Detective Comics #27 in 1939. Over the decades, Batman has become a cultural icon. He influences not only comic books but also cartoons, films, and merchandising worldwide. The character has been adapted into many animated series, including the critically acclaimed “Batman: The Animated Series” by Warner Bros. Animation, which set a new standard for storytelling and animation quality in the early 1990s.

Influence on Films and Merchandising:

Batman’s transition from comic books to films and merchandise is a testament to the character’s broad appeal. The Batman film series, beginning with Tim Burton’s 1989 “Batman,” revitalized superhero films and expanded merchandising opportunities. Batman’s image is used on a wide array of products, from toys to clothing, generating significant revenue.

Key Artists and Studios:

Over the years, several artists and studios have contributed to Batman’s legacy. Neal Adams and Frank Miller redefined the character’s image in comics. Bruce Timm and Paul Dini shaped his animated form. Warner Bros. Studios has played a pivotal role in producing Batman media.

Commercial Success:

The Batman franchise exemplifies successful commercialization, with box office hits, animated series, and a vast array of merchandise. The franchise’s success demonstrates the potential for lucrative branding and marketing strategies.

Advisory for African Economies:

Advisory No. 1 Development of Original Characters:

• Encourage local artists to create original cartoon characters reflecting African cultures and stories.
• Offer grants and funding to support creative development in the visual arts sector.

Advisory No. 2. Establishing & Investing in Animation Studios:

• Invest in animation studios and training programs to build local skill.
• Collaborate with international studios for skill exchange and co-productions.

Advisory No. 3. Merchandising and Branding:

• Develop merchandising strategies that leverage local craftsmanship and materials.
• Create strong branding campaigns to build character recognition both locally and internationally.

Advisory No. 4. Cross-Sector Collaboration:

• Foster partnerships between the visual arts, music, and audiovisual sectors to create multimedia franchises.
• Use cartoons as a platform to promote African music and cultural narratives globally.

Advisory No. 5. Trademark Protection:

• Emphasize the importance of trademarking original characters to protect intellectual property.
• Educate creators and companies on legal frameworks for IP protection and enforcement.

Advisory No. 6. Utilizing Digital Platforms:

• Leverage digital platforms for distribution and marketing to reach a global audience.
• Use social media and streaming services to build fan communities and engage with audiences.

Other Examples of Successful Cartoons:

• The Simpsons: A prime example of a cartoon expanding into a franchise with films, merchandise, and a significant cultural impact
• Pokémon: Originating as a video game, it expanded into cartoons, films, and extensive merchandising.
• Disney Characters (e.g., Mickey Mouse): Demonstrates the power of branding and cross-platform presence.

By creating and protecting unique cartoon characters, African economies can tap into the lucrative global market for animated content. Strategic investments in the creative sectors, coupled with robust IP protections, can drive economic growth and cultural exchange.

Conclusion

The current crackdown on cartoonists in across Africa necessitates urgent reevaluation. Authorities must uphold constitutional and international rights to freedom of expression by investigating and prosecuting those interfering with artistic freedoms. By safeguarding artistic freedom, countries can reinforce their democratic values and ensure diverse voices enrich its political landscape.

Africa must recognize the economic potential of comical characters. The American case study of Batman, Spiderman, and Dracula demonstrates this potential. Promoting the commercialization of cartoons, rather than resorting to censorship, can create jobs and generate significant revenue. African governments can foster a vibrant creative economy by adopting the suggested strategies. These strategies should protect and promote the rights of cartoonists, comics, writers, illustrators, designers, technicians, and creators in Africa.