Transitional Constitution of the Republic of South Sudan, 2011, Articles 22 & 24 (Right to privacy and freedom of expression and media)

Articles 22 and 24 of the 2011 Transitional Constitution of the Republic of South Sudan are the country's principal constitutional guarantees relevant to digital rights. Article 22 protects the right to privacy, providing that the privacy of all persons is inviolable and that no person shall be subjected to interference with their private life, family, home or correspondence, save in accordance with the law, language that, by naming correspondence, reaches electronic and digital communications. Article 24 guarantees freedom of expression and of the media, including the freedom of expression, reception and dissemination of information, publication and access to the press, and recognises the public's right to a pluralistic media. The Transitional Constitution also guarantees a right of access to official information. For the Digital Rights collection these provisions satisfy the inclusion bar on the first limb: Article 22 contains express correspondence-privacy language and Article 24 contains express information-reception-and-dissemination language. Inclusion rests on this textual specificity rather than on decided digital constitutional cases, which are effectively absent given South Sudan's post-independence conflict and institutional fragility. The practical strength of these guarantees should not be overstated, and this entry does not suggest otherwise. South Sudan has experienced civil conflict, weak rule of law and documented restrictions on expression; authorities have on occasion blocked access to websites and social media (including during anti-government mobilisation in 2021), and journalists face significant risks. The recently enacted Cybercrime and Computer Misuse Act 2026 has been criticised for provisions that may further restrict online expression. Constitutional enforcement is limited in practice. This entry is a constitutional provision recorded as an Act with its constitutional character made explicit. It is cross-referenced to South Sudan's Cybercrime and Computer Misuse Act 2026. Beyond the constitutional guarantees and that Act, dedicated digital-rights legislation in South Sudan is sparse, and this is reported honestly.

1. 1Article 22 declares privacy inviolable and bars interference with private life, family, home or correspondence save in accordance with law, reaching digital communications
2. 2Article 24 guarantees freedom of expression and media, including reception and dissemination of information and a pluralistic press
3. 3Transitional Constitution also guarantees a right of access to official information
4. 4Documented website/social-media blocking (incl. 2021 mobilisation); conflict-affected, fragile rule-of-law context
5. 5Recent Cybercrime and Computer Misuse Act 2026 criticised for provisions that may restrict online expression
6. 6Inclusion justified on limb (a): express correspondence-privacy and information-reception/dissemination language