Type of Legislation and
Specific Law or Section
Scope of Law
Enforcement
Nigeria (West Africa)
Disinformation:
Cybercrimes (Prohibition,
Prevention, etc.) Act, 2015
Criminal Code Act, 1990
Protection from Internet
Falsehoods and Manipulation
and Other Related Matters
Bill, 2019
Section 24(b) of the Cybercrimes Act makes it a criminal
offense to knowingly or intentionally publish a message online,
or to cause such a message to be sent, when the individual
knows the message “to be false, for the purpose of causing
annoyance, inconvenience, danger, obstruction, insult, injury,
criminal intimidation, enmity, hatred, ill will or needless anxiety
to another.”
Section 59 of the Criminal Code makes it a criminal offense to
publish or reproduce “any statement, rumour or report which
is likely to cause fear and alarm to the public or to disturb the
public peace, knowing or having reason to believe that such
statement, rumour or report is false.”
Clause 3 of the proposed bill made it a criminal offense to
transmit a statement when knowing or having reason to
believe that it is “a false statement of fact” and that the
transmission is likely to be prejudicial to national security,
public health, public safety, public tranquility, public finance,
or international relations, or to influence the outcome of
an election, incite hatred, or diminish public confidence in
any public function, business, property, or other economic
interests. It similarly prohibited other ���online contents and
activities and malicious falsehoods” capable of causing harm
to individual users or minors, or threatening the way of life in
Nigeria, either by undermining national security or by reducing
trust and undermining shared rights, responsibilities, and
opportunities to foster unity and integration.
Violation of Section 24(b) of the
Cybercrimes Act may result in a fine
of not more than 7 million naira or
imprisonment for a term not exceeding
three years, or both.
Violation of Section 59 of the Criminal
Code may result in a fine of not more
than 7 million naira or imprisonment
for a term not exceeding three years,
or both.
Clause 3 of the proposed bill provided
that an individual convicted of
transmission of a false statement of
fact would be fined up to 300,000
naira and/or imprisoned for a term not
exceeding three years. In any other
case, the penalty was a fine of up to
10 million naira.
Rwanda (East Africa)
Disinformation:
Law No. 68/2018 of August
30, 2018
Article 194 criminalizes the spreading of false information
or harmful propaganda with the intent to cause public
disaffection towards the government of Rwanda, or where
such information or propaganda is likely or calculated to
cause public disaffection towards or a hostile international
environment for the government of Rwanda.
Article 221 criminalizes the intentional spreading of false
allegations in public that directly or indirectly discredit the
value of the national currency or negotiable instruments.
Cybercrime:
Law No. 60/2018 of August
22, 2018
Article 39 prohibits individuals from knowingly publishing,
via a computer, rumors that may incite fear, insurrection, or
violence amongst the population, or that may make a person
lose their credibility.
Violation of Article 194 may result in
seven to ten years in prison during
peacetime and life imprisonment during
wartime.
Violation of Article 221 may result in
imprisonment of between one and two
years, and a fine of between 1 million
and 3 million Rwandan francs.
Violation will result in imprisonment
for three to five years and a fine
of between 1 million and 3 million
Rwandan francs.
Senegal (West Africa)
Misinformation:
The Penal Code, 1965
Article 255 of the Penal Code criminalizes the publication,
dissemination, disclosure, or reproduction of false news
(nouvelles fausses) when it causes or is likely to cause
disobedience in terms of the country’s laws, damage to the
morale of the population, or discrediting of public institutions.
Violation may result in a fine of 100,000
to 1.5 million CFA francs and between
one and three years’ imprisonment.
Seychelles (southern Africa)
Misinformation:
The Penal Code, Chapter 158
Section 62 criminalizes the publication of false statements,
rumors, and reports where they are likely to cause fear and
alarm amongst the public or to disturb the public peace, and
when the person who makes the statement knows or has
reason to believe that it is false.
I N FO R M ATI O N D I SO R D ER IN THE GLOBA L SOUTH
Violation may result in imprisonment
for three years.
Sub -Saharan Africa – 1 83