Sudan journalists reject criminal code amendment over press freedom fears
October 23, 2026 (KHARTOUM) – The Sudanese Journalists Syndicate and human rights organizations have objected to the Ministry of Justice’s amendments to the Criminal Code, a move the justice minister strongly defended.
The ministry’s proposed amendment to Article 51, which relates to waging war against the state, adds the phrase: “including publishing in media and electronic platforms.”
The journalists’ syndicate called for the amendment to the 1991 Criminal Code to be cancelled.
It also demanded reversing a decision to form a national cybercrime mechanism, warning that both measures could restrict press freedom and enable the prosecution of journalists.
In a statement, the syndicate’s Freedoms Secretariat said including electronic or media publishing under Article 51 opens the door to criminalizing legitimate journalistic work.
The article deals with acts affecting state security and carries penalties of up to death or life imprisonment.
The syndicate said loose wording in publishing-related legislation could lead to journalists being prosecuted and to self-censorship.
It added that the changes would deprive citizens of their right to access information, particularly amid the country’s ongoing war and widespread violations.
The syndicate rejected forming a national cybercrime mechanism, warning against giving it powers to monitor media outlets and social media platforms.
It cautioned against prosecuting publishers under undefined phrases such as “harmful publishing that disrupts state and societal security.”
The syndicate said combating cybercrimes should not become a tool to monitor journalists or subject media institutions to censorship, stressing the need to protect basic rights and press independence.
It urged human rights organizations, professional syndicates, and international bodies to take a clear stance against legislation threatening freedom of expression in Sudan.
Human rights objection
The human rights group Emergency Lawyers said in a statement that the addition to Article 51 represents a dangerous expansion of criminalization.
The group warned the change allows authorities to criminally prosecute individuals based on what they publish, republish, or circulate online.
“The danger lies in the possibility of employing the text to target journalists, activists, and human rights defenders, and criminalizing the publication of information related to violations, documenting them, or criticizing authorities, under the pretext of waging war against the state,” the group said.
“The new wording also provides broader scope for interpretation and selective application of the criminal text,” the statement continued.
This could turn peaceful expression into grounds for prosecution, reinforcing intimidation and undermining victims’ ability to expose violations, the group added.
“These risks are multiplied in a reality where Article 51 is already used in politically motivated trials, under which harsh sentences up to death and life imprisonment are issued,” the group said.
It called the expansion a direct threat to public freedoms and a potential tool to withhold information and protect perpetrators from accountability.
Emergency Lawyers note the amendment amid broader violations, where accusations of collaborating with the Rapid Support Forces are used to prosecute thousands of civilians.
This occurs amid interventions by security cells in the judiciary, resulting in the detention of thousands of people, targeted campaigns against journalists and lawyers, and death sentences issued in trials lacking fair guarantees.
The group condemned the measures, demanded the cancellation of the amendment, and called for independent constitutional oversight of legislation issued by the de facto authority.
Government clarifications
Justice Minister Abdallah Daraf denied that the amendment aimed to restrict journalists.
He told the Al-Karama newspaper the amendment was made to the Criminal Code, not the Cybercrimes Law, and has no relation to the crime of undermining the constitutional system.
The crime of undermining the constitutional system falls under Article 50, Daraf said, noting the recent amendment targets Article 51/A, titled “Waging War Against the State.”
The article criminalizes anyone who wages war against the state or supports those who do so in any way.
He said they added “Support through electronic or media publishing” to these forms of support.
“The purpose of this amendment is to combat the crime of waging war against the state and the supporters of this crime who publicly declare through publishing their support for the militia and its crimes,” Daraf said.
The Ministry of Justice is not a legislator but an entity that ensures draft laws align with the constitutional document, he added.
The draft law will undergo a series of institutional reviews, including by the Council of Ministers, before the transitional legislative authority refers it for final adoption.