Brown gavel with a brass band on a blue background. | File photo
A former judge of the Court of Appeal is calling on the South Sudan Bar Association to initiate a legal challenge to the government’s decision to block citizens from accessing social media platforms.
On Wednesday, the National Communication Authority (NCA) imposed a 90-day maximum ban on social media sites including Facebook and Tiktok over alleged misuse of the online space.
NCA said the directive was prompted by the circulation of violent contents and sentiments as a result of the incident in Sudan’s Wad Madani. It added that the ban could be lifted sooner if the situation in the digital space improves.
In response, veteran lawyer Dr. Geri Raimondo Legge said the restriction on social media platforms amounts to collective punishment which violates the citizens’ rights to information.
Dr. Raimondo suggests that the government should have opted for regulation of the platforms to identify and punish those engaged in hate speech.
“Every citizen has the right to send, receive and connect to any means of transmitting information without harming the public order and the public interest of the country. Hate speech is a personal behavior and the NCA could have filed reports against those who practiced this behavior,” he said.
“The government should have, through the Ministry of Justice, confronted the violator legally, because it is not permissible that in the event of a crime being committed in a street, we close all the streets.”
“I call on the Bar Association to raise a case in the Court of Appeal against the decision of the Communications Authority based on the text of Article 19, Clause B of the Civil Procedures Law of 2007.”
Two other lawyers have have criticized the ban, warning that such a blanket measure infringes on fundamental rights.
“This move of collective punishment without a fair justification is a violation, and should be taken in a different context, simply because it doesn’t make sense that the NCA have a reasonable ground to suspend or to block the use of social media platform,” reiterates Gabriel Kuot Akok Deng, a Senior Human Rights Lawyer and Practicing Advocate.
On his part, Santo Daniel said the ban raises constitutional and human rights concerns, providing grounds for affected individuals or organizations
He challenged the order as a violation of the rights to expression and access to information.
“I consider the decision of collective punishment an irresponsible and useless decision, and it is a violation of the constitution and international agreements. The Media Authority should have pursued those who broadcast hate speech and misinformation, and then taken legal action against them.”
Support Eye Radio, the first independent radio broadcaster of news, information & entertainment in South Sudan.
Make a monthly or a one off contribution.
Copyright 2025. All rights reserved. Eye Radio is a product of Eye Media Limited.