Widespread Criticism Over Inclusion of Electronic and Media Publishing in Criminal Law

Amsterdam – October 22, 2026 – Radio Dabanga. The publication of new amendments to the Criminal Law in the Official Gazette, signed by the Chairman of the Transitional Sovereignty Council, Abdel Fattah al-Burhan, which included the addition of electronic publishing under the article of "inciting war against the state"—punishable by death, life imprisonment, or temporary imprisonment and confiscation of assets—has sparked widespread criticism. Lawyers, human rights defenders, and journalists consider the amendment an attempt to restrict fundamental freedoms, noting it lacks the necessary legal basis and conflicts with existing legislation and international covenants. Undermining Freedom of Expression: Lawyer Osman Saleh told Radio Dabanga that the amendment directly aims to restrict freedom of expression, freedom of publication, and freedom of the press. He added that it negatively affects the work of human rights defenders who report on violations by various parties. In the same context, journalist Faisal al-Bagir, coordinator of Journalists for Human Rights (JHR), told Radio Dabanga that the new law aims to undermine freedom of expression and the press, and to pursue journalists and civil society activists on social media platforms. He noted that the clear goal is to silence all voices expressing the truth and to attempt to stop any popular movement. Legal Issues: For his part, lawyer Osman Saleh explained that the authorities could interpret any opinion they dislike as "inciting war against the state." He pointed out that the amendment lacks clarity regarding which "publishing acts" constitute a crime, unlike other specific acts defined in the article, such as training individuals or collecting weapons. Saleh emphasized that Article (51) in its previous form was comprehensive enough to cover any incitement "in any form," making the addition of the phrase "publishing" unnecessary and redundant. He added that Sudan already has an effective law specifically for "publications and cybercrimes" (2007), noting that this law mandates the establishment of specialized prosecution offices, police units, and courts to handle these crimes due to their specific nature. Incorporating publishing cases into the general Criminal Law means they will be handled by the general police, prosecution, and courts, which conflicts with the principle that "special law limits general law." Violation of International Covenants: Lawyer Osman Saleh asserted that Sudan ratified the International Covenant on Civil and Political Rights in 1986, and that Article (19) of this covenant protects freedom of expression and sets strict limits on restricting it, requiring such restrictions to be as narrow as possible. He emphasized that the new amendment, with its loose and undefined wording, broadens the restriction of freedom of expression and publication, directly conflicting with Sudan's obligations under the international covenant. Journalist Faisal al-Bagir added that the law blatantly contradicts all international charters of which Sudan is a member and signatory. He stressed that these freedoms were won by the Sudanese people through a long struggle and were not granted by any government, recalling previous attempts by the Bashir regime in the same direction. Criticism of Government Priorities: Faisal al-Bagir believes that instead of enacting repressive laws, the government should have focused under current circumstances on providing basic rights to citizens such as education, healthcare, housing, and clean water. He noted that the government thinks only of itself and seeks to suppress the voice of the people. Al-Bagir pointed out that the war is the greatest human rights violation, and the past months have witnessed widespread arrests of journalists, bloggers, and activists without clear evidence, confirming that the goal is not to enact law but to arrest and torture people and end their right to expression. He asserted that the ultimate goal is to silence voices saying "no" to war, "no" to hunger, and "no" to disease. Al-Bagir appealed to all journalists, media professionals, civil society activists, and social media influencers to unite their efforts and intensify their work to show the truth to the people regarding the economic, security, medical, and academic deterioration, calling for the building of a broad coalition to oppose this law and the government committing these "atrocities."