State Minister and Justice Minister Guillaume Ngefa Atondoko Andali has called on judicial authorities to ensure effective prosecution of offenses committed online.

In a statement dated March 3, 2026, the ministry said Congolese cyberspace is fully subject to national law and cannot be a lawless zone.

The document said the use of digital platforms such as TikTok, Facebook, X and WhatsApp must comply strictly with the laws of the Republic, particularly the Digital Code and the Penal Code.

While noting that freedom of expression, guaranteed by the Constitution, protects criticism and public debate, including when they are “lively or controversial,” the communiqué stressed that this freedom does not extend to acts that constitute criminal offenses or abuse the rights of others, threaten public order, or undermine human dignity.

The minister instructed prosecutors general at the courts of appeal, public prosecutors and senior auditors of military jurisdictions to ensure that digital offenses are effectively prosecuted. He said any action must be based on a clear legal foundation, be legally justified and remain strictly proportionate to the alleged facts. Measures taken must also respect the right to a fair trial and the Democratic Republic of Congo’s international human rights obligations.

The communiqué listed criminal offenses including defamation, spreading false information, harassment, threats, insults, incitement to hatred, and violations of privacy and human dignity.

It also said that, when legal requirements are met, authorities may order the removal, blocking or suspension of clearly illegal content. Such measures must remain subject to judicial oversight and must not infringe fundamental freedoms.

Judicial authorities were also urged to activate international cooperation mechanisms when alleged perpetrators are outside national territory, in accordance with conventions ratified by the DRC. They were further asked to ensure effective protection of victims by conducting investigations promptly, guaranteeing confidentiality where required and preventing further victimization.

The statement comes as President Félix Tshisekedi recently called for stronger oversight of social networks, including better public awareness of laws governing the digital space.

Boaz Kabeya