Sudan Military: New Law Enacts Journalism Death Penalty

• Sudan's military authorities issued Temporary Constitutional Decree No. (7) of 2026, expanding Article 51/A of the 1991 Criminal Code.
• The amendment criminalizes media publications that "incite war against the state," including reporting on human rights abuses or military setbacks.
• Penalties for violations now include total property confiscation, life imprisonment, or execution under the new Sudan journalism death penalty law.
• A new administrative body has been established with the power to unilaterally initiate criminal lawsuits against media content, bypassing traditional judicial processes.
• The Sudanese Journalists Syndicate and human rights organizations have condemned the law, citing severe restrictions on press freedom and media criminalization.

This decree introduces the death penalty or life imprisonment for activities previously considered standard journalism, and a new administrative body can unilaterally initiate criminal lawsuits, bypassing traditional judicial processes.

Sudan's military authorities have enacted a sweeping legal change, effectively criminalizing a broad spectrum of journalistic activities under the guise of national security. On October 19, Lieutenant General Abdel Fattah al-Burhan, who chairs the Transitional Sovereignty Council, issued Temporary Constitutional Decree No. (7) of 2026. This decree significantly expands Article 51/A of the 1991 Criminal Code, which previously addressed "inciting war against the state." The amendment, published in Official Gazette supplement issue 1982, took immediate legal effect, appending a critical phrase: "including publication via electronic or media outlets."

This seemingly minor addition dramatically redefines what constitutes a grave offense against the state. Under the revised statute, actions such as documenting human rights abuses, reporting on military setbacks, or disseminating independent field dispatches can now be legally interpreted as acts of treason. Any public communication that deviates from the official state narrative is now classified as inciting war and undermining the constitutional order. The consequences for such transgressions are severe and absolute, including total confiscation of property, life imprisonment, or even execution. Human rights lawyer Rana Abdel Ghaffar Abdel Rahim underscored the gravity of this shift, stating that the amendment transforms media and communication from tools for expression into instruments for committing a crime punishable by death.

The Ministry of Justice asserts that this decree is a necessary measure to safeguard national security and combat media content that supports rebel militias and insurgency. However, critics, including the Sudanese Journalists Syndicate and various human rights organizations, have vehemently rejected the amendment. They argue that the deliberately broad language of the law effectively criminalizes routine newsgathering and further exacerbates the already dire conditions for press freedom within the conflict-ridden nation. Rana Abdel Ghaffer, a human rights lawyer, further elaborated that the primary objective of the current military administration is to establish comprehensive control over the press, particularly online media. She noted that the government aims to dominate the digital media landscape and criminalize any moral or media support extended to entities it designates as rebellious or combatant, effectively closing what was perceived as a loophole in the original Article 51.

Adding another layer of concern, the state has also established a new administrative office specifically tasked with monitoring media content and initiating legal proceedings. This body has been granted extensive powers to police digital spaces, track content, and unilaterally file criminal lawsuits on behalf of the state. This delegation of authority to an executive body directly encroaches upon the exclusive jurisdiction of the Public Prosecution, which traditionally serves as the sole judicial organ authorized to represent society and bring indictments. This move effectively bypasses established judicial processes, centralizing power and potentially facilitating politically motivated prosecutions.

For journalists operating within Sudan, this new legislation arrives amidst an already perilous environment. Abdullah Rizq, a journalist, highlighted that the ongoing civil conflict itself constitutes a profound human rights violation that inherently suppresses the press. Reporters on the ground are compelled to carry out their duties under extreme constraints, often lacking fundamental operational facilities and subjected to constant surveillance. Rizq emphasized that the introduction of such harsh media legislation is designed to instill fear among journalists and intensify repression, ultimately preventing citizens from fully understanding the dangers they confront.

Iman Fadl Al-Sayed, a press freedom officer at the independent Sudanese Journalists Syndicate, pointed to the fundamental flaw in the amended Article 51: the absence of a clear distinction between legitimate journalistic inquiry and a criminal act. This ambiguity grants authorities unchecked discretion to apply selective interpretations, thereby placing reporters under perpetual threat of capital indictment for standard news coverage. The practical implications are profound for any entity operating in or reporting on Sudan. Lawyers and compliance officers must immediately assess the severe criminal and reputational risks associated with any public communication, including digital content, that could be interpreted as diverging from the state narrative under the expanded Article 51/A. This decree introduces the death penalty or life imprisonment for activities previously considered standard journalism, and a new administrative body can unilaterally initiate criminal lawsuits, bypassing traditional judicial processes.

Lawyers and compliance officers advising entities operating in or reporting on Sudan must immediately assess the severe criminal and reputational risks associated with any public communication, including digital content, that could be interpreted as diverging from the state narrative under the expanded Article 51/A. This decree introduces the death penalty or life imprisonment for activities previously considered standard journalism, and a new administrative body can unilaterally initiate criminal lawsuits, bypassing traditional judicial processes.

Source: Original reporting via Ayin Network