On the 19 October 2026, Article 51 of the Sudanese Criminal Code of 1991 was amended, through Interim Constitutional Decree No. (7) of 23 October 2026. Article 51 relates to crimes of “waging war against the State.” The amendment has raised concerns about its potential implications on freedom of expression, press freedom, and the right to access information in Sudan.
Significant concerns have been raised regarding the constitutional and legal legitimacy of the amendment, particularly the authority to issue interim constitutional decrees by the de facts authority affiliated with the Sudanese Armed Forces, as well as the potential consequences of expanding the scope of criminalization to include publication through electronic and media platforms. Concerns have also been raised regarding the broad wording of the amended provision, the possibility of arbitrary interpretation and its use in criminal prosecutions, in addition to the severe penalties associated with the offence, which include life imprisonment and the death penalty.
The Sudanese Journalists Syndicate has also condemned and rejected both the amendment and the decision to establish the National Mechanism for Combating Information Crimes. The Syndicate expressed concerns that this mechanism could be used to monitor journalists, restrict media freedom, undermine editorial independence, and limit citizens’ right to access information. These developments pose significant risks to journalists, human rights defenders, activists, and independent voices, particularly amid the ongoing armed conflict in Sudan.
On 23 October 2026, the Syndicate called for the repeal of the amendment, the cancellation of the decision establishing the National Mechanism, and a review of restrictive cybercrime legislation to ensure the protection of fundamental rights and freedoms.