Democratic Republic of Congo Digital Responsibility and Defamation Law Explained by Kinshasa Bar Association
Content creators, journalists, and influencers in the Democratic Republic of Congo face legal liability when using digital platforms to share defamatory statements, but they are not automatically guilty simply for relaying statements made by third parties. Julius Kunda, an attorney at the Kinshasa-Matete bar, outlined these legal parameters during a legal analysis provided to ACP regarding a high-profile dispute between singer Fally Ipupa and commentator Virginie Manganga.
The core legal question centers on whether a publisher merely reported the words of another person or instead adopted, validated, amplified, or presented those claims as truth, according to the analysis reported by ACP. Freedom of the press and expression in the country remains governed by Ordinance-Law No. 23/009 of March 13, 2023, which does not grant absolute immunity to individuals who disseminate information.
Legal Framework Under the Digital Code
When communication occurs via electronic platforms, the Digital Code governs the infractions. Specifically, articles 360, 368, and 369 of the Digital Code penalize initiating or relaying false information about a person electronically. Article 368 applies standard press and communication legal rules to electronic press offenses, while also establishing a statutory right of reply alongside mechanisms for requesting content correction or deletion.
Kunda stated in the ACP report that finding a media professional or content creator guilty solely because they interviewed a third party or broadcast an interview would be legally excessive. The analysis separates false information and damaging imputations from violations of privacy, noting that privacy receives protection under Article 31 of the Constitution. A public figure’s notoriety does not remove this baseline protection against privacy violations.
Current Status of the Legal Dispute
The ultimate determination of liability in the ongoing dispute between Fally Ipupa and Virginie Manganga will depend on the exact content of the remarks, the context in which they were broadcast, the specific actions taken by the commentator, and the legal grounds selected for prosecution, as detailed by ACP.
Frequently Asked Questions About Congolese Digital Defamation Law
What specific law governs press freedom in the Democratic Republic of Congo?
Ordinance-Law No. 23/009, enacted on March 13, 2023, regulates press freedom and freedom of expression within legal boundaries.
Does relaying an interview automatically make an influencer legally liable for defamation?
No, according to the legal analysis provided to ACP, guilt does not arise solely from relaying a third-party statement unless the creator adopts, validates, or amplifies the remarks as truth.
Which articles of the Digital Code apply to electronic press offenses?
Articles 360, 368, and 369 of the Digital Code govern electronic infractions, false information, rights of reply, and content corrections.
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