Loi N° 2019-33 du 3 juillet 2019 portant répression de la cybercriminalité (Law on the Suppression of Cybercrime), as amended (Niger)

Niger's Law No. 2019-33 of 3 July 2019 on the suppression of cybercrime is the country's principal cybercrime statute. It criminalises offences committed by electronic means and provides procedural tools for digital investigation and cooperation. The law has been amended twice, making its content-offence regime a focal point of domestic and international debate. The substantive offences cover attacks on the confidentiality, integrity and availability of computer systems and data, illegal access, system and data interference, computer-related forgery and fraud, together with content offences. Articles 29, 30 and 31 originally criminalised defamation, insult, and the dissemination of data liable to disturb public order or harm human dignity when committed by electronic communication, carrying prison sentences. In July 2022, Law No. 2022-30 of 23 July 2022 amended these articles to remove imprisonment for defamation and insult (replacing it with fines, while retaining custodial penalties for xenophobia and racism), aligning the regime with the 2010 press-freedom ordinance, which excludes prison for such offences. Following the 2023 change of government, Ordinance No. 2024-28 of 7 June 2024 reversed this liberalisation, reinstating prison sentences for defamation, insult and the dissemination of data likely to disturb public order or harm human dignity committed by electronic means. Press-freedom organisations, notably Reporters Without Borders (RSF), have warned that the reinstated penalties endanger journalists and online expression. Procedurally, the law equips investigators with powers for the search and seizure of computer systems, data preservation and interception, and addresses international cooperation in cyber matters. Enforcement is associated with Niger's judicial authorities and the national information-society agency (ANSI). The cybercrime law operates alongside Niger's data protection statute, Law No. 2022-59 of 16 December 2022 (as amended). Source language: French.

1. 1Niger's principal cybercrime statute, criminalising offences committed by electronic means with procedural tools for digital investigation
2. 2Substantive offences against confidentiality, integrity and availability of systems and data: illegal access, system and data interference, computer-related forgery and fraud
3. 3Content offences (arts. 29-31): defamation, insult, and dissemination of data liable to disturb public order or harm human dignity by electronic communication
4. 4Amended by Law No. 2022-30 of 23 July 2022, which removed imprisonment for defamation and insult (retaining it for xenophobia and racism)
5. 5Ordinance No. 2024-28 of 7 June 2024 reinstated prison sentences for defamation, insult and related content offences
6. 6Procedural powers: search and seizure of computer systems, data preservation, interception, and international cooperation
7. 7Criticised by RSF and others as a threat to journalists and online expression; operates alongside the 2022 data protection law