MONROVIA, Liberia, September 22, 2026: Two prominent Liberian lawyers, Cllr. Tiawan Saye Gongloe and Cllr. Arthur Tamba Johnson, have taken opposing positions on the application of Liberia's newly enacted Cybercrime Act, amid growing debate over its implications for freedom of expression and online accountability.
Gongloe, a human rights lawyer and political leader, has warned against using the law to criminalize legitimate criticism of public officials, while Johnson, a criminal defense lawyer, maintains that the legislation is intended to combat crimes committed through digital platforms rather than suppress free speech.
Their contrasting views come weeks after President Joseph Nyuma Boakai signed the Cybercrime Act and Data Protection Act into law. The enactment of the two laws was publicly announced on August 19 by Posts and Telecommunications Minister Sekou M. Kromah.
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The Cybercrime Act establishes offenses involving computer systems and digital networks, including unauthorized access, unlawful interception, computer-related fraud, identity theft, cyberstalking and other prohibited online conduct.
The separate Data Protection Act establishes a framework governing the collection, processing, storage, transmission and protection of personal information.
Responding to concerns that the Cybercrime Act could be used to restrict expression, Johnson argued that its purpose is to address criminal conduct carried out through social media, computers and other electronic systems.
"The application of Liberia's Cybercrime Law does not aim to suppress free speech. Its goal is to prevent crimes committed through social media," Johnson said.
He noted that cybercrime legislation exists in many countries to address offenses arising from the increasing use of digital technology.
Johnson cited computer hacking, online banking and credit-card fraud, identity theft, malware, cyberbullying, cyberstalking, money laundering, internet fraud and unauthorized intrusion among activities that cybercrime laws are designed to address.
He also referenced more serious forms of online criminal activity, including child sexual exploitation material and non-consensual distribution of intimate images.
The approved Liberian law covers several of those areas, including unauthorized access, computer-related forgery and fraud, identity theft, child sexual exploitation material, cyberstalking and non-consensual distribution of intimate images.
Gongloe, however, expressed concern about how authorities apply the law, warning that selective enforcement could undermine constitutional protections for freedom of expression.
Speaking during an interview on September 21, Gongloe cited the recent arrest of an individual over alleged cyber offenses involving Vice President Jeremiah Kpan Koung, arguing that authorities must avoid creating the perception that the law provides special protection for powerful public officials.
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He cautioned against using state institutions to criminalize legitimate criticism, maintaining that political propaganda and criticism should generally be countered through public discourse rather than criminal prosecution.
Gongloe argued that public officials who believe they have been defamed or otherwise wronged also have access to civil remedies through the courts.
He called for amendments to provisions of the Cybercrime Act that he believes could conflict with constitutional protections for expression and other existing laws.
Article 15 of Liberia's Constitution guarantees freedom of expression and freedom of the press, while also stating that individuals remain responsible for abuse of that right.
The debate between the two lawyers highlights a broader question surrounding implementation of the new law: how authorities will combat genuine cybercrime while ensuring that enforcement does not improperly restrict constitutionally protected speech.
The Cybercrime Act contains offenses dealing largely with conduct such as hacking, interception, fraud and identity theft, but some provisions also address harmful data messages, cyberstalking, incitement to violence and other forms of online communication.
How those provisions are interpreted and enforced is likely to remain central to the debate as police, prosecutors and courts begin applying Liberia's new cybercrime framework.
