International human rights organization, Article 19, has expressed concerns over recently implemented disinformation and “fake news” laws in Senegal, identifying them as a potential threat to the freedom of speech and expression. The issue comes to light as the West African nation gears up for its upcoming elections on February 25th.
Article 19 has sounded the alarm about a deteriorating environment in Senegal for fundamental freedoms, especially rights regarding freedom of expression, protest, and access to information. A significant issue hinges around the misuse of a legal framework intent on curbing disinformation. Instead, it appears to suppress journalists, activists, and political opponents. Under this framework, Article 255 of the Senegal Penal Code criminalizes disinformation, imposing prison terms from one to three years and a hefty fine for those found guilty of disseminating “false information”, “disinformation” or “fake news”. However, Article 19 asserts that these terms are not defined under international law.
The organization recommends several actions for the Government of Senegal. The repeal of Article 255 of the Penal Code is among these, due to its perceived failure to align with international standards regarding the handling of disinformation. The group also advocates the abolishment of measures regarding criminal defamation, citing their inconsistency with global norms. They additionally urge the government to cease the repression and targeting of journalists, activists, and human rights defenders reporting on matters of public interest.
Directives also include the enhancement of capacity-building for legal professionals, endorsing collaboration with the African Commission on Human and Peoples’ Rights and leveraging resources from recent United Nations reports on disinformation.
Freedom House, another human rights watch group, also highlighted how the current legislation impinges on press freedom, despite the constitutional protections for freedom of speech and independent media in Senegal. Internet disruptions during protests have further underscored restrictions on media freedom. Attention was drawn to occasional arrests connected to offensive social media posts, despite the general openness of private discussion and academic discourse.
Additional legislations like a 2018 electronic-communications bill and 2021 amendments to the Senegal Penal Code have raised fears regarding government control over social media and the potential misuse of police surveillance powers.
Further information on this issue can be read in the original report by JURIST, accessible here.