Draft:Cybercrime law in South Sudan
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Cybercrime law in South Sudan is the legal framework developed by the Government of South Sudan to address offenses committed through digital technologies, including the internet, mobile networks, and computer systems. The country first introduced formal measures through a provisional order in 2021, which was followed by the tabling of a comprehensive Cybercrimes and Computer Misuse Bill in 2024.[1]
Background
[edit]The development of cybercrime legislation in South Sudan coincides with the country's gradual digital transformation. Despite limited internet penetration estimated at around 17% in 2021, the increased use of mobile phones and social media has prompted calls for regulation to address threats such as cyberbullying, fraud, and digital misinformation.[1]
Legal Instruments
[edit]2021 Provisional Order
[edit]In May 2021, President Salva Kiir issued the Cybercrimes and Computer Misuse Provisional Order, signed into law by the Minister of Justice and Constitutional Affairs.[2] The order defined various cyber offenses and established legal provisions for investigation, prosecution, and adjudication of cybercrimes. It was implemented without prior parliamentary approval, leading to criticism from civil society organizations.
2024 Cybercrimes and Computer Misuse Bill
[edit]In 2024, the government introduced the Cybercrimes and Computer Misuse Bill to replace the provisional order and provide a permanent legislative framework. The bill was tabled before the Transitional National Legislative Assembly and referred to the relevant parliamentary committees for review.[3] According to government officials, the bill aims to balance national security interests with constitutional rights, including privacy and freedom of expression. It includes provisions for the creation of specialized cybercrime courts and forensic investigation unit.[4]
Key Provisions
[edit]The Cybercrimes and Computer Misuse Bill outlines 35 specific offenses, including:
- Unauthorized access and hacking
- Cyber fraud and identity theft
- Cyber terrorism
- Spreading false information
- Distribution of child pornography
- Cyber harassment and online abuse
Penalties for offenses range from fines to prison terms of up to 20 years, depending on the severity of the crime.[5]
Institutions and Enforcement
[edit]The implementation of cybercrime law in South Sudan involves multiple institutions:
- Ministry of Justice and Constitutional Affairs – Drafting and enforcement of cybercrime legislation
- National Communication Authority (NCA) – Oversight of digital infrastructure and the establishment of a Computer Emergency Response Team (CERT)[6]
- Cybercrime Court – A proposed special court to handle cyber-related offenses
- Public Prosecution Authority – Responsible for investigating and prosecuting cyber offenses
- Digital Forensic Laboratory – To be established for evidence collection and technical investigations.[5]
Criticism and Concerns
[edit]Several human rights organizations, including the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), have raised concerns about the potential for the law to infringe on civil liberties. Critics argue that broad definitions of offenses like “false information” could be used to suppress dissent or target journalists and activists.[7]
The lack of strong data protection laws and judicial oversight has also been highlighted as a weakness in the legal framework.[7]
Current Status
[edit]As of mid-2024, the Cybercrimes and Computer Misuse Bill remains under review by the South Sudanese parliament. The chair of the parliamentary committee on information has called for its speedy passage, citing the increasing frequency of cyber-related offenses in the country.[4]
Regional Context
[edit]South Sudan is a signatory to several African Union digital governance frameworks, including the Malabo Convention on Cybersecurity and Personal Data Protection. However, it has yet to ratify the convention as part of domestic law.[8]
See Also
[edit]- Cybercrimes Act in Tanzania
- Cybercrime in Ghana
- Malabo Convention
- National Communication Authority (South Sudan)
- Malabo Convention
References
[edit]- ^ a b Gahene, Ambrose (2021-12-17). "South Sudan Enacts Cybercrimes & Computer Misuse Provisional Order 2021". CIO Africa. Retrieved 2025-07-05.
- ^ "Justice Ministry Introduces Cyber Crimes and Computer Misuse Law". Ministry of Justice and Constitutional Affairs, South Sudan. Retrieved 2025-07-06.
- ^ "Cybercrimes and Computer Misuse Bill 2024 tabled in Parliament". Radio Tamazuj. March 2024. Retrieved 2025-07-06.
- ^ a b "Parliament committee pushes passing of bill to punish cyber criminals". Eye Radio. March 2024. Retrieved 2025-07-06.
- ^ a b "Justice Ministry introduces cyber-crimes, computer misuse law – Ministry of Justice and Constitutional Affairs". mojca.gov.ss. Retrieved 2025-07-06.
- ^ "Computer Emergency Response Team (CERT)". National Communication Authority, South Sudan. Retrieved 2025-07-06.
- ^ a b CIPESA (2021-12-14). "South Sudan's Cybercrimes and Computer Misuse Order 2021 Stifles Citizens' Rights". Collaboration on International ICT Policy for East and Southern Africa (CIPESA). Retrieved 2025-07-06.
- ^ "African Union Convention on Cyber Security and Personal Data Protection | African Union". au.int. Retrieved 2025-07-06.
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