Somalia: The new Penal Code risks further criminalising journalism under the guise of reform

This is a bill that could pose a serious threat to the practice of journalism in Somalia. Adopted by the Council of Ministers in December 2025, the text aims to replace the 1962 Penal Code in order to incorporate "contemporary and emerging crimes", particularly in the areas of cybercrime and economic crime. However, according to analyses by RSF and its local partner, the National Union of Somali Journalists (NUSOJ), several provisions remain incompatible with international standards on press freedom.

Presented as a reform, the bill retains or modifies several repressive provisions inherited from the 1962 legislative decree, notably by providing greater protection for authorities from criticism. Article 144 of the new text represents a relative improvement, as it reduces the sentence for attacking the honour or dignity of the President of the Republic from three years under the 1962 Code, to one year. Other articles penalise"insults" or "defamation" targeting public officials or state institutions, with sentences of up to five years in prison, as already provided under the previous Penal Code. Finally, "insulting the country" or its symbols is punishable by three to seven years in prison and a fine of up to US$7,000.

"Economic sabotage", defined as any "conduct likely to harm the national economy", is punishable by five to ten years in prison. The bill also penalises the recording or dissemination of images "without a permit, authorisation or consent", with penalties of up to five years in prison and US$5,000 in fines. Without safeguards for journalists who cover events of public interest or conduct investigations, these provisions could be used to obstruct the work of the press.

Vague and imprecise wording

The bill also introduces several offences that are couched in vague terms, including the dissemination of information deemed "false", "misleading", or "exaggerated". These offences are punishable by up to ten years in prison when committed during wartime, and up to 20 years when linked to a "hostile state". The bill also criminalises ideas contrary "to faith, morality or public order", with sentences of up to five years in prison and a US$7,000 fine. These formulations, whose interpretation is left to the discretion of the authorities, could be used against journalists.

The bill also retains defamation as a criminal offence and extends its application to digital publications, with higher penalties, including fines ranging from US$300 to US$1,000. This provision runs counter to the recommendations of the African Union to decriminalise defamation, and risks increasing judicial pressure on journalists and media outlets.

A reform that worries journalists

These restrictions raise concerns about an even more hostile environment for the media in a country where legislation is already largely repressive. The current Penal Code is regularly used to prosecute journalists, despite the existence of a media law that also allows prosecutions, fines, and prison sentences for acts related to the practice of journalism.

Contacted by RSF, NUSOJ Secretary General Omar Faruk Osman said that "far from strengthening the legal framework, the proposed amendments risk creating a more restrictive environment for independent journalism, encouraging censorship and self-censorship, and undermining public access to information." He also criticised a drafting process carried out without "any meaningful consultation" with civil society, while saying he remained cautiously hopeful that the bill could be improved before its adoption.