Rwanda is at a critical juncture in addressing online media content and deciding whether acts such as defamation, libel, privacy infringement, and the publication of rumours should be treated as criminal offences. These issues are increasingly common, driven by unprofessionalism in media, low media literacy among social media users and the general public all fueling, disinformation, misinformation and fake news. However, criminal penalties for such acts are both disproportionate and counterproductive. The Law Regulating Media in Rwanda defines defamation as the intentional communication of false information, either orally, in writing, or through other means, with the intent to harm a person's reputation. Despite this definition, the law is silent on civil remedies, while other legislation, such as the Law on Offences and Penalties, criminalises defamatory acts. For instance, Article 157 of this law punishes the publication of edited statements or images with a prison sentence of up to one year. The Cybercrime Law also criminalises the publication of rumours that may harm a person’s credibility, with penalties of up to five years in prison. I have petitioned the Supreme Court, seeking its repeal on the grounds that it is unconstitutional. Criminal defamation laws, however, are increasingly recognized as tools used to stifle free speech and public debate. The African Commission on Human and Peoples' Rights, through its Resolution 169, and the African Court on Human and Peoples' Rights, in the Lohé Issa Konaté case, have both ruled that imprisonment for defamation violates the right to freedom of expression. These decisions align with international human rights standards, including Article 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Rwanda made progress in 2018 by partially decriminalising defamation through revisions to the Penal Code, but the reform remains incomplete, as criminal defamation provisions still exist within the legal framework. The Supreme Court's 2019 ruling in the Mugisha Richard case confirmed that defamation should not warrant criminal sanctions. During this ruling, crimes such as the humiliation of national authorities and public servants, as well as the public defamation of religious rituals, were declared unconstitutional by the Court. President Paul Kagame has also publicly supported the decriminalisation of defamation, stating that such matters should be addressed through civil, not criminal, remedies, especially after the Supreme Court upheld the criminalization of insults or defamation against the President. Criminal defamation laws create a chilling effect on free speech and lead to self-censorship, particularly among journalists. Internationally, there is growing recognition that criminal sanctions are not a proportionate response to reputational harm. Under the Universal Periodic Review (UPR) mechanism in January 2021, Rwanda supported numerous recommendations to revise provisions undermining freedom of expression. Now, it’s time to implement the commitments. Civil defamation laws, which provide for damages rather than imprisonment, are a more appropriate remedy and several countries, such as the UK, Kenya, Australia, and Ireland, have decriminalised defamation, handling it instead as a civil matter where compensation, not imprisonment, is the remedy for reputational harm. Rwanda faces criticisms for its approach dealing with freedom of expression related law, alleging that they have been used to target some individuals and journalists. Such cases stress the need for a shift toward civil remedies to prevent reputational harm over an issue that can be resolved more appropriately through non-criminal means. The full decriminalisation of defamation, including the removal of criminal penalties for libel and insult, would enhance freedom of expression in Rwanda. Civil defamation laws would allow individuals to seek compensation for reputational harm without the threat of imprisonment, aligning Rwanda’s legal framework with international standards. As Rwanda prepares for a new media policy and possible legislative reforms, the introduction of a standalone civil defamation law would significantly improve the country's legal environment for freedom of expression. This would not only protect individual reputations but also foster a more open and accountable public discourse as well as the country's reputation in respect of Human rights. The writer is a Rwandan Lawyer and Hubert H. Humphrey Fellow in Law and Human Rights at Arizona State University, US.
