Digital Rights at a Glance
In Niger, a legal framework exists to regulate the digital space, but it is used more to suppress online freedom of expression than to protect citizens, in a country where Internet access itself remains limited.
Key Commitments
Malabo Convention 🟢
Niger ratified the Malabo Convention in 2022.
Budapest Convention 🔴
Niger is not a party to the Budapest Convention.
National Data Protection Laws
The Law No. 2022-59 of December 16, 2022 The Personal Data Protection Act, as amended in 2023 and 2024, establishes the rules for the processing of personal data. It modernises the 2017 law to bring it into line with international standards, particularly the Malabo Convention, which was ratified that same year.
Existence of a Data Protection Authority 🟠
The Law No. 2022-59 of December 16, 2022 established the High Authority for the Protection of Personal Data (HAPDP) and granted it the authority to oversee compliance with the provisions of that same law. However, its independence remains incomplete.
Cybercrime Law
The Law No. 2019-33 of July 3, 2019 The law on combating cybercrime in Niger defines cybercrimes and establishes investigative procedures.
State of Play
Law No. 2019-33 of July 3, 2019, on the Suppression of Cybercrime is the central piece of legislation governing digital regulations in Niger. It establishes digital offenses, including electronic defamation and the dissemination of data “likely to disturb public order or undermine human dignity,” punishable by six months to three years in prison and a fine of up to five million CFA francs. An ordinance from 2024 further tightened the law by reintroducing prison sentences for defamation, insults, and the dissemination of data that disturbs public order on social media—officially to “restore the balance between freedom of expression and the protection of individual rights.” Traditional press offenses remain decriminalised, which in theory distinguishes the regulatory framework for traditional media from that of digital media. However, the 2019 law is regularly used against journalists, activists, and internet users, and the vagueness of the terms used (“disturbing public order,” “infringement of human dignity”) leaves a wide margin of discretion for the authorities. The prosecutor can determine the accused’s intent without formally established evidence, which exposes ordinary users of social media or private WhatsApp groups to prosecution.
Although the framework for personal data protection is currently being strengthened, it does not yet have an enforcement and sanction mechanism comparable to that for cybercrime. Efforts to professionalise the field have been underway since January 2025: the ministry responsible for digital affairs has launched a certification process for data protection officers to ensure that professionals have the necessary skills to comply with the Data Protection Act.
Investments in digital infrastructure are increasing (expansion of 3G/4G coverage, the arrival of Starlink in 2025, plans for digital centers), but connectivity across the country and the digitization of government services remain limited. Regardless of the legal framework, the quality and cost of Internet service are major obstacles to the effective exercise of digital rights.
Recommendations
1. Bring Law No. 2019-33 into compliance with the principles of the Malabo Convention, which commits States Parties to balancing the fight against cybercrime with respect for fundamental freedoms—by clarifying vague concepts (“disturbance of public order,” “infringement of human dignity”) to put an end to their repressive use against journalists and activists.
2. Strengthen the independence of the national data protection authority, as required by the Malabo Convention, and grant it effective oversight and enforcement powers. Currently, Niger is making progress on the certification of Data Protection Officers (DPOs), but without a fully operational supervisory authority.
3. Put into practice the digital infrastructure component of the Convention, which calls on States to develop their digital ecosystems and bridge the digital divide by accelerating the expansion of Internet coverage beyond major cities—a prerequisite for ensuring that the rights recognized by the Convention are effectively accessible to all citizens.
Digitalise Youth partners who contributed to this section:
Nigerien Association of Web Activists (ANIWEB)
