New press and internet regulations in the Democratic Republic of the Congo

According to media reports and an assessment of the bill by the Committee to Protect Journalists (CPJ), authorities in the Democratic Republic of the Congo (DRC) have approved new regulations governing press and internet activity. The latest press legislation includes measures that empower leaders to penalise journalists who spread fake news. Authorities can now imprison journalists for electronically exchanging material under the new digital legislation.

CPJ has recorded journalists being detained, charged with purported crimes such as defamation and distributing false information and punished for their journalistic work in the Democratic Republic of the Congo. At least two journalists, Patrick Lola and Diego Cajiba, are imprisoned in the country.

Sections of the new press legislation, which replaced the 1996 standards, permit the criminalisation of journalism without imposing specific penalties. Online journalism is punishable by law, but the publication, transmission, or replication of fake news is prohibited under criminal and military law.

DRC Ministry of Communication and Media met with media parties in 2022 and advocated the legalisation of journalistic offences. However, these suggestions were not adopted.

Under the rules of digital legislation, journalists who send incorrect material online incur jail time and penalties. Furthermore, journalists can face jail and fines if their electronic messages cause emotional distress or harassment to a person or if the harassment has a substantial impact on the targeted individual. 

A prohibition on using personal data to cause harm or risk people’s reputations has also been enacted, although no particular sanctions for infractions have been established.