The National Union of Somali Journalists (NUSOJ) has today officially unveiled its latest report entitled “Assessing the Criminalisation of Journalism and Freedom of Expression in Somalia: Legal Analysis on the Somali Penal Code and Anti-Terrorism Law.” This comprehensive Somali-led and Somali-owned legal study reveals how outdated and oppressive laws continue to be used as instruments of suppression to silence journalists and undermine freedom of expression across Somalia.
Developed with the support of UNESCO through the Global Media Defence Fund (GMDF) and with technical assistance from the United Nations Human Rights and Protection Group in Somalia and the Office of the Somalia Representative of the Office of the High Commissioner for Human Rights (OHCHR), the report thoroughly examines key provisions of Somalia’s 1964 Penal Code and the Anti-Terrorism Law. It uncovers the deliberate misuse of these laws to criminalise independent journalism, deny the right to access information and obstruct public oversight. The findings make clear that these outdated legal frameworks, filled with vague and overly broad language, fall well below the standards of Somalia’s constitutional commitments and violate its obligations under international and African human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights.
The report documents numerous cases in which journalists have been arrested, prosecuted and, in some instances, subjected to trials before military courts on ambiguous, fabricated and politically motivated accusations such as “insulting public officials,” “subversive propaganda,” “criminal defamation” and “propagating terrorist ideas.” These actions not only violate journalists’ fundamental rights, but also point to a serious breakdown in due process, the public’s right to information and the core principles of civilian justice. The use of military courts to try journalists constitutes a grave breach of Somalia’s constitutional guarantees and highlights an escalating legal crisis for media freedom.
At the heart of its recommendations, the report calls for the urgent repeal or substantial reform of the most abusive legal provisions. It urges the Supreme Court of Somalia to undertake a judicial review that firmly establishes that criminal law must not be used to punish journalists for carrying out their professional duties. It further recommends the drafting of new legislation that clearly protects journalistic activity, upholds media freedom and ensures that journalists can operate in a secure and enabling legal environment.
“The criminalisation of journalism in Somalia is not merely a legal matter for the media. It is a deeply rooted human rights crisis that has been allowed to persist through an oppressive legal order,” said Omar Faruk Osman, Secretary General of NUSOJ. “This report is a serious appeal to policymakers, lawmakers, the judiciary, civil society and all sectors of Somali society. Journalists are not criminals. They are ordinary citizens entrusted with extraordinary responsibilities. They are the conscience of the country and the voice of its people. They must be defended, not demonised or thrown into prison. A credible democratic transition in Somalia will remain hollow as long as those who practise free and independent journalism are met with persecution, fear and repression through obnoxious and draconian laws.”
The release of this report represents a significant step forward in NUSOJ’s determined campaign to address the dual safety crisis confronting Somali journalists, where both physical danger and legal persecution continue to intensify. As the leading advocate for media freedom and journalists’ rights in Somalia, NUSOJ remains fully committed to protecting journalists from arbitrary detention, judicial harassment and intimidation. This report offers more than a legal critique. It is a strategic blueprint for meaningful reform to strengthen the rule of law and help establish a democratic and accountable Somali state.
NUSOJ calls upon the Federal Government, the Federal Parliament, the judiciary and international partners to act swiftly and decisively. The union urges them to support the decriminalisation of journalism, legal safeguards for media freedom and participate in inclusive legal reforms that align with international human rights standards, replacing Somalia’s outdated legal structures and provisions with modern, rights-based legislation.