By Kei Emmanuel Duku
A prominent South Sudanese human rights official has raised a serious concern regarding the country’s proposed Cybercrime Bill, warning that the legislation in its current form is dangerously vague and prioritizes punishment over protection.
While speaking to the media on Monday in Juba, James Bidal, the National Coordinator for the South Sudan Human Rights Defenders Network (SSHRDN), cautioned that without significant amendments to align with international standards, the bill could become a tool to target civil society and the media.
Speaking on the distinctions of the proposed legislation, Bidal criticized the bill for lacking clarity on what actually constitutes a digital crime. He argued that the current draft is designed with a punitive mindset rather than a corrective or protective one.
“From the bill itself, the definitions are vague. It aims at punishing offenders, so anyone can be targeted for anything,” Bidal stated. “The bill should not aim at just punishment but the entry point should be what actually constitutes a cybercrime.”
The National Coordinator expressed grave concern that if the bill is passed without revision, it will complicate the legal landscape for anyone using digital platforms. He emphasized the urgent need for the network to provide submissions to the drafting committee to ensure the law protects, rather than persecutes, citizens.
“It becomes paramount for us to make sure that at least we have some genuine submissions, and there has to be a clear definition that aligns to international standards,” Bidal said. “Otherwise, giving a vague definition to cybercrime will turn into a rampant target of civil society, including journalists who use the online space.”
Bidal highlighted that digital threats in South Sudan are on the rise, with perpetrators ranging from security personnel to ordinary members of society. However, he noted a distinct trend regarding where these conflicts originate.
According to the network’s observations, much of the cyberbullying and online harassment originates from the South Sudanese diaspora, who have better access to the internet compared to the local population where penetration remains low.
“Most of you know those who are engaged in bullying, the onset is from the diaspora,” Bidal explained. “These conversations are normally sparked from offline conversations, then later on taken to the internet.”
Bidal noted that while digital violence cuts across all genders with men also facing arrests women are positioned at a very difficult position. He described a troubling societal view where women are targeted because they are perceived as the weaker sex a sentiment Bidal strongly rejected.
“By the virtue of being human beings, we are all equal,” he asserted. “We have never gotten any concrete information as to why women are targeted… Others are also targeted by their fellow women. So that is the paradox that we are experiencing” he stated.
The impact of this targeted harassment is not just reputational but psychological. Bidal pointed out that the emotional toll leads to high rates of burnout in workspaces. “We don’t only look like physical protection. We also look at the emotional side of it because once women are exposed to such incidents, it traumatizes them and it also affects them,” he added.
The human rights defender cited recent events as evidence of the shrinking digital space where he referenced specific incidents where activists and content creators were monitored and detained.
“We have seen what happened recently where some activists or people who use the digital spaces were followed and arrested,” Bidal recalled, noting a specific case of a female TikToker who was detained. “It happens across not only targeting women, but all the forms of the gender can be targeted.”
To combat these challenges, the SSHRDN is reinforcing state-level structures to engage in digital literacy campaigns. The goal is to educate citizens particularly women on how to use online spaces constructively and understand their rights.
Bidal acknowledged the logistical difficulties in reaching rural areas where mobile network antennas are non-existent, but insisted that gathering input from the grassroots is essential.
“We are also reinforcing our state-level structure so that we are able to engage in meaningful conversation and give us the data that we can use for evidence-based advocacy,” Bidal said.
The push for a Cybercrime Bill in South Sudan comes amidst a complex digital environment. While internet penetration in the country remains relatively low estimated at less than 15% of the population social media platforms like Facebook and WhatsApp wield immense influence over public opinion and political discourse.
Currently, South Sudan relies on the Penal Code of 2008 and various national security orders to prosecute digital offenses, often conflating legitimate criticism of the government with defamation or crimes against the state.
Human rights organizations have long documented cases where journalists and activists have been harassed, arbitrarily detained, or had their equipment seized for publishing critical content online.
The Computer Misuse and Cybercrime Bill is ostensibly intended to curb fraud, hacking, and hate speech. However, rights groups’ fear that without strict safeguards and precise definitions the law could be repurposed to legalize the surveillance of dissidents and criminalize freedom of expression, further shrinking the civic space in the world’s youngest nation.