Striking the Right Balance: South Sudan’s Cybercrimes and Computer Misuse Bill

South Sudan is inching closer to formalising the Cybercrimes and Computer Misuse Bill 2024, a defining moment in shaping the nation’s digital future. The bill, which aims to address the growing challenges of cyberbullying, impersonation, digital fraud, hate speech, and emerging threats from artificial intelligence (AI), represents a critical opportunity but also carries significant risks if not approached with a human rights lens.

We at Digital Rights Frontlines believe that any law governing the digital space must do more than curb cyber threats; it must also protect citizens’ rights, inspire innovation, and promote digital inclusion. More than a legal priority, striking the right balance between security and freedom is a democratic imperative.

Protecting Citizens, Not Silencing Them

Cybercrime legislation is vital for national security, but it must not become a tool for repression. Across the region, we have seen examples where loosely defined cybercrime laws have been used to stifle dissent, target journalists, and criminalise legitimate expression. South Sudan must not walk that path.

We call for clear definitions and safeguards in key sections of the bill, especially those addressing:

• Cyber harassment and online defamation, ensuring they are not weaponised against critics or whistle-blowers.

• Digital surveillance and evidence collection, which should be guided by due process, judicial oversight, and proportionality.

• Content regulation, ensuring that measures to counter misinformation do not infringe upon freedom of opinion and access to information.

• Legislation designed to protect must not end up silencing the very voices that strengthen accountability and democracy.

Human Rights at the Core of Digital Governance

South Sudan’s digital transformation offers immense potential for education, commerce, and civic engagement. However, these gains can only be sustained if citizens trust the systems that govern them. That trust begins with rights-respecting digital laws.

We therefore urge that the Cybercrimes and Computer Misuse Bill explicitly align with regional and international standards, such as the African Union Convention on Cybersecurity and Personal Data Protection (Malabo Convention), by embedding:

• Human rights safeguards, ensuring all enforcement measures uphold freedom of expression and privacy.

• Data protection frameworks, requiring lawful, transparent, and secure handling of personal information.

• Accountability mechanisms, including independent oversight to prevent abuse of power and arbitrary enforcement.

Building Resilience Through Digital Literacy

Laws alone cannot secure cyberspace; people must also be equipped to protect themselves. The digital safety of citizens depends as much on awareness as it does on enforcement.

We continue to advocate for integrating digital literacy and cybersecurity education across all sectors, from schools to government institutions. Citizens should understand how to identify online threats, verify information, and safeguard their privacy.

A digitally literate population is the strongest line of defence against cyber manipulation, misinformation, and online harm.

Responsible Regulation of Artificial Intelligence

As artificial intelligence (AI) becomes a part of everyday life, South Sudan must ensure its use remains ethical and transparent. The bill’s proposed AI provisions are a vital step but require further clarity on accountability, bias prevention, and misuse of automated systems.

AI can drive innovation and efficiency, but without guardrails, it can also perpetuate discrimination and compromise privacy. DRF supports the inclusion of AI ethics guidelines that define responsibility for harm, mandate fairness in algorithmic decision-making, and ensure transparency in the deployment of AI technologies.

Towards a Secure and Inclusive Digital Future

South Sudan’s Cybercrimes and Computer Misuse Bill has the potential to become a cornerstone for responsible digital governance but only if it protects people first. It must shield citizens from online harm without eroding civil liberties, encourage digital growth without constraining expression, and enable accountability without sowing fear.

As this bill advances, DRF remains committed to:

• Providing technical and policy input grounded in human rights principles.

• Advocating for inclusive stakeholder consultations to ensure broad representation of civil society, academia, and the private sector.

• Promoting public awareness and education to complement legal enforcement with citizen empowerment.

Let’s Get It Right

South Sudan stands at a crossroads. The choices made today will determine whether our digital future is one of empowerment or restriction. We call on policymakers, lawmakers, and regulators to ensure that this law becomes a tool for protection, not control.

We envision a future where technology is a force for progress, peace, and inclusion. With a balanced, transparent, and rights-based approach to cybersecurity, South Sudan can lead the region in building a safe, open, and human-centred digital society.