The National Union of Somali Journalists (NUSOJ) submitted a formal legal application to the Supreme Court of Somalia, the country’s highest judicial authority, urging the court to set aside key provisions of the Somali Penal Code and ensure they are not used to criminalise journalism and freedom of expression.

These provisions, NUSOJ argues, have long been misused to silence journalists and restrict freedom of expression. The application was officially submitted on 31 May 2025. It is the result of a comprehensive legal assessment that was commissioned by NUSOJ and developed with the technical assistance of the UN Human Rights and Protection Group in Somalia and the Office of the High Commissioner for Human Rights.

The assessment meticulously evaluates specific articles in the 1964 Penal Code and the Anti-Terrorism Law that have been repeatedly employed to arrest, detain and prosecute journalists for conducting their professional duties. The Chief Justice of Somalia, who also serves as the President of the Supreme Court, Honourable Bashe Yusuf Ahmed, was presented with a copy of the report. It delineates the manner in which these laws have been weaponised to repress independent journalism and penalise those who question or criticise those in power.

NUSOJ is aligning itself with the expanding African movement that advocates for the decriminalisation of journalism by submitting this application. More countries on the continent are acknowledging that laws that target journalists are a thing of the past. Legal and judicial reforms are being introduced to guarantee that journalists can report freely, without the fear of criminal punishment or legal harassment.

NUSOJ’s legal team contends that Somalia’s continued reliance on these antiquated laws places the country at odds with continental advancements. Additionally, it violates Somalia’s legally binding commitments under international human rights instruments, such as the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights. According to the union’s submission, these Penal Code provisions are not only out-of-date and ambiguous, but they are also essentially incompatible with Somalia’s Provisional Constitution.

NUSOJ is urging the Supreme Court to issue a clear judicial ruling declaring that these Penal Code articles cannot be lawfully applied to journalists or used to interfere with the practice of journalism. Defamation, insulting public officials, publishing false or exaggerated news and subversive propaganda are among the provisions that are being challenged. According to the legal assessment, some of these articles provide no explicit guidance on what behaviour is legal or illegal and do not satisfy the fundamental requirement of legal certainty.

These articles’ sweeping language, which made it possible for what is now known as “convicted as charged,” gives law enforcement and regional courts across the nation excessive discretion. The result of arbitrary arrests and intimidation of journalists is a culture of fear and self-censorship. Such an environment not only undermines media freedom but also puts the public’s right to information, which is crucial for democratic accountability and participation—at risk.

“The legal environment in Somalia has become dangerous for journalists simply doing their job,” said Omar Faruk Osman, Secretary General of NUSOJ. “We are requesting that the Supreme Court take decisive action as Somalia works to establish the rule of law because these provisions are incompatible with the democratic society that the Somali people are ardently constructing. They are more than just harsh and antiquated. They are frequently abused as a form of punishment for journalists covering public interest topics. This application is devoted to defending media freedom and safeguarding each Somali citizen’s right to information and freedom of speech without fear of reprisal.

Funded by UNESCO’s Global Media Defence Fund (GMDF), NUSOJ’s overall strategic litigation initiative includes this legal application. Its goal is to make Somalia’s legal environment safer and more supportive for media professionals. NUSOJ has included thorough and useful recommendations for legislative and judicial reform with the application.

One of these recommendations is to immediately stop prosecuting journalists for crimes under these laws. Furthermore, they support the creation of a modern legal system that provides clear protections for journalistic endeavours and ensures media freedom.

To advance legal reform and safeguard freedom of expression across the country, NUSOJ reaffirmed its strong commitment to working with the Somali judiciary, Parliament, civil society and the Somali people.