Loi N° 2021-33 du 23 juillet 2021 modifiant le Code pénal et Loi N° 2021-34 modifiant le Code de procédure pénale (Senegal 2021 anti-terrorism amendments, 'offences relating to information and communication technologies' and 'serious disturbance of public order' as terrorist acts)

Senegal adopted two anti-terrorism laws on 25 June 2021 (promulgated 23 July 2021) amending the Penal Code (Law No. 2021-33) and the Code of Criminal Procedure (Law No. 2021-34). Although framed as counter-terrorism measures, the amendments are recorded under Digital Rights because they expressly fold information- and communication-technology offences into the definition of terrorism and expand vaguely defined speech-related offences, with significant implications for online expression. The reform was passed through the National Assembly under emergency procedure amid protests, and was strongly criticised by Amnesty International, Human Rights Watch, ARTICLE 19 and CIVICUS as a threat to freedom of expression, peaceful assembly and civic space. The amended Penal Code (notably the new Article 279-1) classifies as 'terrorist acts' conduct including acts liable to 'seriously disturb public order', 'criminal association' in connection with terrorism, and 'offences relating to information and communication technologies', as well as 'attacks' against national defence, offences carrying penalties up to life imprisonment. The law also creates an offence of 'inciting' others to commit terrorism without defining incitement. Because these categories are broad and undefined, critics warn they can be used to criminalise online political speech, journalism, social-media activity and peaceful protest, and to treat ordinary ICT-related conduct as terrorism. This entry sits alongside Senegal's dedicated cybercrime statute (Law No. 2008-11, sn-cyber-2008), to which it is related, and the country's data protection law (Law No. 2008-12). It should also be read against Senegal's record of internet and social-media shutdowns: mobile internet and social-media access were restricted during unrest in March 2021 and June/July 2023, and a further shutdown was ordered by the Ministry of Communication, Telecommunications and the Digital Economy on 4 February 2024 citing the 'dissemination of hateful and subversive messages' after the postponement of the presidential election. ARTICLE 19 and others noted these measures were imposed without a clear statutory basis; the shutdowns are recorded as a jurisdiction-level gap that may belong under Telecoms once that topic is swept. The exact law numbers (2021-33 / 2021-34) and dates are drawn from human-rights analyses and should be confirmed against the Journal Officiel; the consolidated Penal Code is published officially at primature.sn. Source language: French.

1. 1Two anti-terrorism laws of 25 June 2021 (promulgated 23 July 2021) amending the Penal Code (Law No. 2021-33) and Code of Criminal Procedure (Law No. 2021-34), passed under emergency procedure
2. 2New Penal Code Article 279-1 classifies as 'terrorist acts' conduct including 'serious disturbance of public order', 'criminal association', and 'offences relating to information and communication technologies', penalties up to life imprisonment
3. 3Creates an offence of 'inciting' terrorism without defining incitement
4. 4Broad, undefined categories criticised by Amnesty International, HRW, ARTICLE 19 and CIVICUS as enabling criminalisation of online speech, journalism and peaceful protest
5. 5Related to Senegal's cybercrime statute (sn-cyber-2008) and read with the 2008 data protection law
6. 6Context: internet/social-media shutdowns in March 2021, June/July 2023 and February 2024 imposed without a clear statutory basis (jurisdiction-level gap, possibly Telecoms)
7. 7Exact law numbers and dates flagged for reviewer confirmation against the Journal Officiel