Niger reintroduces prison sentences for cyber offenses

 JournalismPakistan.com |  Published: 21 June 2024

Niger has reintroduced prison sentences for cyber offenses following an ordinance signed by the Head of State. This amendment aims to combat cybercrime by imposing stricter penalties for defamation and the dissemination of harmful data.

Summary

NIAMEY—The President of the National Council for the Safeguard of the Homeland (CNSP) and Head of State of Niger, Brigadier General Abdourahamane Tiani (pictured), signed an ordinance reinstating prison sentences for offenses committed via electronic communication. This marks a reversal from previous legislation that had replaced imprisonment with fines for such offenses.

The new ordinance imposes both imprisonment and fines for crimes committed through electronic communication. For defamation or insults, offenders can face one to three years in prison and fines ranging from one to five million CFA francs. For the dissemination of disruptive data or data infringing on human dignity, the penalties range from two to five years in prison and fines between two and five million CFA francs.

The amendment, introduced by ordinance on June 7, 2024, aims to strengthen the fight against cybercrime in Niger by reintroducing prison sentences for defamation, insults, and the dissemination of data likely to disturb public order or infringe on human dignity when committed via electronic communication.

In 2022, law No. 2022-30 amended previous legislation, replacing prison sentences with fines for these offenses. Despite widespread opposition from Nigeriens, this amendment was adopted by the dissolved National Assembly. Since then, social media has seen a proliferation of defamatory, insulting, and disruptive comments, exacerbating public order disturbances and infringing on human dignity, according to the press release.

The new ordinance now mandates imprisonment of one to three years and fines of one to five million CFA francs for those convicted of defamation or insults via electronic communication. Additionally, it imposes prison terms of two to five years and fines of two to five million CFA francs for disseminating data likely to disturb public order or infringe on human dignity.

Meanwhile, the Committee to Protect Journalists said the Nigerien authorities must decriminalize defamation and ensure that the country’s cybercrime law does not unduly restrict the work of the media.

"The changes to Niger's cybercrime law are a blow to the media community and a very disappointing step backwards for freedom of expression," said CPJ Africa Program Coordinator, Muthoki Mumo, in Nairobi. "It is not too late to change course by reforming the law to ensure that it cannot be used to stifle journalism."

KEY POINTS:

• President Abdourahamane Tiani signed an ordinance reinstating prison sentences for cyber offenses.
• Defamation penalties include one to three years in prison and fines of one to five million CFA francs.
• New penalties aim to combat the rise of cybercrime and public order disturbances.
• Criticism from the Committee to Protect Journalists highlights concerns over freedom of expression.
• The law changes come after prior legislation had favored fines over imprisonment.