South Sudan Bar Association condemns social media ban, threatens legal action
NCA justified the shutdown as a measure to prevent the spread of videos depicting atrocities committed in Wad-Medani, Sudan, and to safeguard public safety and mental health
By Emmanuel Mandella
The South Sudan Bar Association has strongly condemned the National Communication Authority’s (NCA) decision to partially block social media platforms across the country for 90 days, calling it unconstitutional and a violation of citizens’ fundamental rights.
The move, effective from midnight January 22, 2025, according to an official statement from NCA, has sparked mixed reactions from the public.
In a press statement issued by Arop Malueth Manon, President of the South Sudan Bar Association, the organization labeled NCA’s directive as a breach of Article 24 of the Transitional Constitution of South Sudan, which, it said, guarantees citizens the right to freedom of expression, access to information, and publication.
The Association’s statement also cited international laws such as Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and Article 9 of the African Charter on Peoples and Human Rights (ACPHR) to underline the illegality of the shutdown.
“The decision by the NCA violates the very fabric of our constitutional guarantees and international obligations,” the Bar Association noted, adding that social media is a critical space for communication, business, and information sharing in South Sudan.
NCA justified the shutdown as a measure to prevent the spread of videos depicting atrocities committed in Wad-Medani, Sudan, and to safeguard public safety and mental health. The Bar Association, however, argues that social media is essential for citizens to stay informed about such crises and follow the safety of their loved ones. Additionally, the organization questioned the abrupt implementation of the ban, terming it illegal and unconstitutional.
“This collective punishment of all South Sudanese for the actions of a few is unfair, and unjustifiable,” the statement said.
The Bar Association also highlighted the economic repercussions of the ban, particularly on entrepreneurs who rely on social media for marketing and e-commerce. The shutdown disrupts business operations and deprives citizens of vital communication tools.
“Depriving South Sudanese of their digital rights is an unjust interference with their ability to conduct business and access essential information,” the statement emphasized.
While calling to action, the South Sudan Bar Association demanded for the immediate revocation of the order within 72 hours, failure to which, it said, will compel the Association to pursue legal action in national courts, the East African Court of Justice, and other regional and international legal forums.
“Our commitment to upholding the rule of law and defending the human rights of South Sudanese citizens remains unwavering we will not relent in advocating for the respect of constitutional rights, including digital rights,” Arop Malueth Manon declared.
