The South Sudanese parliament has passed a cybercrime law, defended by the government as a necessary tool against online offences, but criticised by rights activists as a potential threat to political freedom and free speech.
The Cybercrime and Computer Misuse Bill 2025 was passed unanimously by the Transitional National Legislative Assembly (TNLA) on Tuesday, following an extraordinary session.
The legislation, which has been under development for years, aims to establish a legal framework for prosecuting digital crimes, protecting online transactions, and regulating social media use.
Justice Minister Michael Makuei Lueth told lawmakers that the country could no longer afford to operate without such a law. “We have been suffering a lot from this computer and cybercrimes, but we are unable to prosecute them because there is no law,” he said during parliamentary deliberations.
He argued that the bill would bring South Sudan in line with international cybersecurity standards and empower authorities to tackle growing issues like online fraud and digital harassment.
Broad Scope and Evolving Offences
The bill outlines a long list of criminalised activities. These include unauthorised data transmission, computer hacking, espionage, cyber terrorism, and economic sabotage.
It also criminalises the creation of fake websites and social media pages, the publication of false information and indecent content, as well as online impersonation and gender-based harassment.
Minister Makuei emphasised that the law is “dynamic” and designed to evolve. “Whatever offences that we have put here are not the last… We will continue to amend this law as long as it conforms to our aspirations,” he said.
Penalties for minor offences include prison sentences of up to two years or fines of 1 million South Sudanese Pounds, though MPs noted these fines could be amended based on the country’s economic situation.
A Long Legislative Journey
The bill’s journey began in May 2021 when President Salva Kiir issued it as a provisional order—a mechanism used when parliament is in recess. However, the assembly later sent it back to the executive to be repackaged as a formal bill, which was first tabled in September 2024.
David Okwera, an MP representing the Pibor administrative area, emphasised that the bill’s passage was a milestone after a lengthy delay. “This bill cannot be timed back at all. It has taken a very long time,” he said.
The lawmker argued that the need for the law was too urgent to postpone over procedural concerns. He suggested that any further refinements could be made after its passage, stating, “Those lawyers who did not participate in the discussion of the bill can actually sit down with the committee after passing it.”
The passed version includes provisions for establishing a dedicated national cybercrime department within the Ministry of Justice and Constitutional Affairs, a unit previously housed under the National Communication Authority (NCA).
Bol Toby Madut, an MP representing Warrap state, highlighted the importance of this move, stating the new law is “paramount” for protecting citizens engaged in mobile money transfers and other digital activities amid a cash crisis in the country.
Civil Society Concerns
Despite government assurances, the bill’s passage has been met with apprehension by civil society groups.
Edmund Yakani, a prominent civil society leader and Executive Director of the Community Empowerment for Progress Organization (CEPO), said that while having a legal framework is good in principle, he was worried about its potential for abuse.
“The lesson from the region that we learned is that security services authorities like to abuse such laws and misuse them to harass and unlawfully punish activists, political actors, and independent media,” Mr. Yakani said.
He warned against allowing authorities outside the Ministry of Justice to administer the law, a practice he said had led to the targeting of government opponents in other countries.
Conversely, some legal experts have pointed to potential benefits.
Mario Atak Deng, a legal expert, told Radio Tamazuj recently that the sybercrime law could strengthen constitutional protections.
“The constitution guarantees the right to privacy… In this sense, the cybersecurity law was introduced to strengthen the protection of privacy and personal data in the digital space,” he said.
Awaiting Presidential Assent
The bill now awaits the signature of President Salva Kiir to become law. Under the South Sudanese constitution, the president may assent, return the bill with comments, or decline to sign it. If he does not sign, he must provide reasons within 30 days.
The law’s implementation will be closely watched in a country where internet penetration is estimated at below 15%, but where online disputes, impersonation, and financial scams have seen a sharp increase in recent years.