Cyber Law at Niger
Niger has recently amended its cybercrime legislation to address the growing challenges posed by digital threats and to enhance public order and security. Here's an overview of the current legal framework and its implications:
⚖️ Cybercrime Legislation
On June 7, 2024, President Abdourahamane Tiani promulgated an ordinance amending Law No. 2019-33 of July 3, 2019, on the repression of cybercrime. The amendments reintroduce prison sentences and fines for certain offenses committed via electronic communication media.
Key Provisions:
Defamation and Insult via Electronic Means: Individuals found guilty of making allegations or imputing facts likely to harm the honor or consideration of a person or body through electronic means now face imprisonment of up to three years and a fine of up to five million CFA francs.
Dissemination of Data Likely to Disturb Public Order or Offend Human Dignity: Those convicted of disseminating such data may be sentenced to two to five years in prison and fined between two and five million CFA fances.
These amendments reverse previous changes made in 2022 that replaced prison sentences with fines for similar offenses. The government justifies these measures as necessary to restore balance between freedom of expression and the protection of individual rights, aiming to preserve public peace and security.
🛡️ National Cybersecurity Strategy (2023–2027)
In December 2022, Niger adopted a comprehensive National Cybersecurity Strategy for the period 2023–2027, The strategy outlines key objectives to enhance the nation's cybersecurity
Enhancing Legislative and Institutional Frameworks:Strengthening laws, regulations, and institutions to protect digital users
Securing Critical National Infrastructure:Building capacity to safeguard essential infrastructures
Building Trust in ICT Usage:Developing mechanisms to prevent, detect, and address cyberattacks
Promoting Cybersecurity Partnerships:Enhancing cooperation through public-private and public-public partnerships
🧑💻 Institutional Framework
**National Cybersecurity Center (CNAC)*: A dedicated institution overseeing and coordinating cybersecurity effors.
*Central Digital Investigation Laboratory: A facility equipped to conduct thorough digital investigations and support law enforcement in cyber-related cases.
⚠️ Human Rights Concern
The reintroduction of prison sentences for cyber offenses has raised concerns among human rights organizatios, Critics argue that these measures may be used to suppress freedom of expression and hinder journalistic activitis. The Committee to Protect Journalists has called for the decriminalization of defamation and for reforms to ensure that the cybercrime law does not unduly restrict media work.
📌 Summary
Niger's recent amendments to its cybercrime law reflect a strengthened approach to combating online threats and maintaining public ore. While the National Cybersecurity Strategy lays a foundation for improved digital security, the reintroduced penalties have sparked debates about the balance between security and freedom of expresson.
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