Digital Rights at a Glance
The landscape of digital rights in Benin presents a striking contrast between rapid technological modernisation and persistent tensions surrounding individual freedoms online. On the one hand, the country is positioning itself as a regional model in terms of digitisation and institutional governance. On the other hand, the tightening of the legal framework is causing serious concerns among civil society actors and media professionals.
Key Commitments
Malabo Convention 🟢
Benin signed the Malabo Convention in 2015 and ratified it in 2024.
Budapest Convention 🟢
Benin has been a party to the Budapest Convention since 2024.
National Laws on Data Protection and Cybercrime
Benin Law No. 2017-20 of April 20, 2018 (replacing Law No. 2009-09) establishes the country’s Digital Code governing electronic communications, e-commerce, digital trust services, personal data protection, cybercrime, and cybersecurity in Benin.
Existence of a Data Protection Authority 🟢
The Digital Code established the Personal Data Protection Authority (APDP). This agency actively works to ensure that citizens’ data is not misused.
State of Play
Benin has extensively digitised government services, with more than 70 percent of administrative procedures now accessible online through the official national portal. This transition has significantly reduced corruption and improved the transparency of procedures. The country established a robust legal framework early on through the adoption of the Digital Code and the creation of the Personal Data Protection Authority (APDP), thereby laying the groundwork for digital trust and progress toward digital sovereignty. The National Strategy for Artificial Intelligence and Big Data, adopted in 2023, is currently being implemented to reconcile technological innovation with ethical considerations. At the same time, the security of critical infrastructure is improving under the supervision of the National Agency for the Security of Information Systems (ANSSI). Finally, efforts continue to bridge the regional digital divide, with ongoing investments aimed at expanding broadband networks to rural and suburban areas and creating digital community centers.
Despite these advances, significant concerns remain, particularly regarding freedom of expression. Certain provisions of the Digital Code provide for prison sentences for online press offenses, such as the dissemination of “fake news” or defamation. In conflict with international conventions, this severity fosters a troubling climate of self-censorship among journalists, bloggers, and cyberactivists. Furthermore, although the public sector is heavily regulated, enforcing privacy protections remains difficult in the private sector and the informal economy. Finally, the lack of digital rights education among the general public exposes everyday users to major risks of identity theft or privacy violations due to a lack of adequate awareness.
Recommendations
1. Amend the Digital Code to decriminalise online press offenses and strictly define cyberbullying to prevent these offenses from being misused.
2. Strengthen the independence of the Personal Data Protection Authority by reforming the process for appointing its members and subjecting the government, ministries, and the civil service to its oversight.
3. Ensure uninterrupted access during elections by enacting a law that strictly prohibits the use of internet shutdowns or slowdowns for the purpose of maintaining political order, thereby ensuring democratic transparency.
4. Cap data rates: Require ARCEP (the telecommunications regulator) to impose affordable rate plans on basic internet packages to ensure that the most vulnerable populations are not excluded from the digital ecosystem.
5. Establish an AI Ethics Committee within the APDP tasked with auditing the predictive algorithms used by the government or the private sector to prevent gender, social, or ethnic bias.
Digitalise Youth partners who contributed to this section:
Association des Blogueurs du Bénin
Africtivistes Citizens Lab Bénin
