Senegal High Court: No 2-Year Gap for Second Maternity Leave

• The National Observatory for Protection against Digital Violence has reported several cases of cyberharassment targeting female candidates in Senegal's upcoming legislative elections.
• The incidents were observed during July and early August, with behaviors ranging from insults to smear campaigns.
• The Observatory notes that the vulnerability to cyberharassment is not limited to election periods and can affect a woman's sense of security and freedom of expression.
• The authors of such practices face imprisonment and financial sanctions under the Organic Law No. 53.25, particularly Article 51 bis.

Cyberharassment can affect a woman's sense of security, restrict her freedom of expression, and limit her ability to compete, even leading her to renounce political action or access to elected institutions.

The National Observatory for Protection against Digital Violence has reported several cases of cyberharassment targeting potential or declared female candidates in the upcoming legislative elections in Senegal. These incidents were observed and documented during July and early August, according to Hespress. The vulnerability to cyberharassment is not limited to election periods, as illustrated by the case of Djireye Clotilde Coly, Minister of Youth and Sports, who was also a victim of a wave of cyberhate after her team's defeat in 2023.

The upcoming legislative elections in Senegal will be the first test for the mechanisms established by the Organic Law No. 53.25, particularly Article 51 bis. These provisions concern practices committed on social media, digital platforms, computer systems, and using artificial intelligence tools. They aim to prevent the dissemination of false information, malicious allegations, inaccurate facts, or forged documents intended to harm the privacy of voters or candidates, or to defame them. The creation and dissemination of misleading content that can alter the integrity and sincerity of the electoral process are also targeted.

The authors of such practices face imprisonment and financial sanctions. The Observatory emphasizes that freedom of expression, political criticism, and electoral competition remain essential to democratic functioning. However, they cannot justify defamation, threats, attacks on privacy, or the fabrication of false content intended to harm candidates or influence elections illegally.

The Observatory considers this situation alarming, given that the definitive list of female candidacies has not yet been finalized. The presence of women among candidates and their access to representation remain below ambitions for parity and equality. Cyberharassment can affect a woman's sense of security, restrict her freedom of expression, and limit her ability to compete, even leading her to renounce political action or access to elected institutions.

The impact of cyberharassment extends beyond directly targeted individuals, discouraging other women from engaging in public and political spheres. The Observatory calls on political actors, parties, public institutions, media, and civil society organizations to ensure a respectful competition that respects the dignity and rights of women. It also urges formations to better protect and support their candidates and demands that the Presidency of the Public Ministry and competent authorities apply the law effectively and promptly address electoral infractions and digital aggression.

Lawyers should watch for the potential impact of cyberharassment on female candidates in the upcoming legislative elections in Senegal and ensure that their clients are aware of the legal protections available to them under the loi organique n° 53.25, particularly article 51 bis.

Source: Original reporting via Hespress