-How Liberia’s Cybercrime Law Undermines the KAK Act
By Jerromie S. Walters
MONROVIA — Vice President Jeremiah Koung ordered the release of a young man arrested under Liberia’s new Cybercrime Act for using artificial intelligence to mock him, an intervention that has exposed a deepening conflict between the country’s newly enacted digital policing powers and its hard-won reputation as a regional leader in press freedom.
The arrest of Jerry Nyantee Wratto in September 2026 — accused of cyberbullying after posting AI-generated images and videos of the Vice President on Facebook — triggered a public outcry that forced Koung to personally contact the Inspector General of Police and request the young man’s immediate release.
“Public office comes with criticism, ridicule and sometimes deliberate provocation,” Koung said in a statement. “I understand that reality, and I am built for it. Our laws must protect citizens, but leadership must also exercise tolerance, restraint and compassion.”
Yet the incident has ignited a national debate over whether the Cybercrime Act — which the Senate passed in late 2025 and President Joseph Boakai signed into law in August 2026 — undermines Liberia’s commitments under the Table Mountain Declaration and the Kamara Abdullah Kamara (KAK) Act of Press Freedom, which decriminalized sedition and criminal libel against the President just seven years ago.
Legal, and media experts as well as opposition figures argue that the Cybercrime Act’s provisions on cyberstalking and harmful data messages create new criminal penalties for speech that the KAK Act explicitly removed from the penal code.
The KAK Act, signed by former President George Weah in February 2019, repealed Sections 11.11 (criminal libel against the President), 11.12 (sedition), and 11.14 (criminal malevolence) of the Penal Law of 1978. The reform aligned Liberia with the Table Mountain Declaration — which calls on African governments to abolish insult and criminal defamation laws — and with Article 19 of the International Covenant on Civil and Political Rights.
Unpacking The Cybercrime Act
The Cybercrime Act of 2025 is a comprehensive legislative framework enacted by the Senate and House of Representatives of the Republic of Liberia to address the growing challenges of cybercrime and cybersecurity. The Act was approved on July 3, 2026, published by authority of the Ministry of Foreign Affairs in Monrovia, and printed on July 24, 2026. This landmark legislation establishes a unified legal, regulatory, and institutional framework for the prohibition, prevention, detection, response, and prosecution of cybercrimes within Liberia, while also ensuring the protection of critical national information infrastructure and promoting cybersecurity across the nation.
The primary objectives of the Act, as outlined in Part I, are threefold: first, to provide an effective and unified legal, regulatory, and institutional framework for the prohibition, prevention, detection, prosecution, and punishment of cybercrimes in Liberia; second, to ensure the protection of critical national information infrastructure; and third, to promote cybersecurity and the protection of computer systems, networks, electronic communications, data, computer programs, intellectual property, and privacy rights. These objectives reflect a holistic approach to cybersecurity that balances enforcement with protection and promotion of digital rights.
The Act criminalizes the distribution of data messages that incite damage to property or violence, with penalties of imprisonment for not more than one year or a fine double the gain realized. Distribution of harmful data messages, which threaten persons with damage to property or violence, intimidate or harass persons to harm themselves, or are inherently false and aimed at causing mental, psychological, physical, or economic harm, is punishable by imprisonment for not more than three years or a fine double the gain realized.
Distribution of intimate images without consent is also criminalized, with penalties of imprisonment for not more than three years or a fine double the gain realized. The Act provides for orders to protect complainants pending finalization of criminal proceedings, including prohibitions on further distribution and orders to remove or disable access to the data message.
Identity theft and impersonation are criminalized, with penalties of imprisonment for not less than three years or a fine double the gain realized. Child pornography and related offences carry severe penalties, including imprisonment for three years or a fine double the gain realized for producing, offering, distributing, or transmitting child pornography, and imprisonment for not less than three years for procuring or possessing child pornography. The Act also criminalizes grooming or soliciting a child through a computer system for sexual purposes, with penalties of up to ten years’ imprisonment. Cyberstalking, which involves transmitting computer data with intent to bully, threaten, or harass another person, is punishable by imprisonment for not more than three years or a fine double the gain realized, and courts may issue protective orders for victims.
Cyberterrorism, defined as accessing or causing to be accessed any computer or computer system or network for purposes of terrorism, is punishable by life imprisonment. Racist and xenophobic offences, which include distributing racist and xenophobic material, threatening persons based on race, color, descent, national or ethnic origin, or religion, and publicly insulting such persons or groups, are punishable by imprisonment for not less than five years or a fine double the gain realized. These provisions reflect Liberia’s commitment to combating hate speech and terrorism in cyberspace.
The Act criminalizes unlawful access to a computer system or infrastructure, with penalties of imprisonment for not less than two years or a fine double the gain realized by the defendant. Unlawful interception of communications is also an offence, as is unauthorized modification of computer data, which carries a penalty of imprisonment for not less than three years or a fine double the gain realized. System interference, which involves intentionally causing serious hindering of the functioning of a computer system, is punishable by imprisonment for not less than two years or a fine double the gain realized. These provisions are designed to protect the integrity and security of computer systems and data from unauthorized intrusion and manipulation.
The Act addresses misuse of devices, making it an offence to unlawfully produce, supply, procure, import, export, distribute, offer for sale, or otherwise make available any device, computer program, password, access code, or similar data designed or adapted primarily for committing an offence under the Act. Possession of such devices with intent to commit an offence is also criminalized. Computer-related forgery, which involves inputting, altering, deleting, or suppressing computer data resulting in inauthentic data with the intention that it be considered authentic, is punishable by imprisonment for not less than three years or a fine double the gain realized. Computer-related fraud, which involves causing loss of property to another by altering, erasing, inputting, or suppressing computer data, is similarly punishable.
The Act establishes that attempt, conspiracy, aiding, and abetting to commit any offence under the Act are punishable with the same penalties as the principal offence. Corporate liability is also established, with bodies corporate liable to fines double the gain realized, and officers liable to imprisonment for not less than two years or a fine double the gain realized. Part IV of the Act addresses procedural law, including expedited preservation of stored computer data, expedited preservation and partial disclosure of traffic data, preservation orders, powers to conduct search, seizure, and arrest, powers to conduct investigation or search without warrant, interception of electronic communications, failure of service provider to perform certain duties, obstruction and refusal to release information, prosecution of offences, orders of forfeiture of assets, and orders for payment of compensation or restitution.
Part III of the Act establishes offences and penalties, beginning with offences against CNII. A person commits an offence if they intentionally and without authorization access the whole or part of any CNII, or do any act which causes serious hindering of the functioning of any CNII by inputting, transmitting, damaging, deleting, deteriorating, altering, or suppressing computer data. Upon conviction, the offence is punishable by imprisonment for not less than three years and/or a fine determined by the court based on the nature of the damage and the assessed value of the infrastructure. Where the offence results in serious bodily injury, the offender is liable to imprisonment for not less than five years and/or a fine. Where the offence results in death, the offender is liable to imprisonment for life.
Part II of the Act establishes provisions for the protection of Critical National Information Infrastructure (CNII). The President, on the recommendation of the National Security Advisor, may designate certain computer systems, networks, and information infrastructure as CNII by Order published in the Official Gazette. Such infrastructure must be vital to the national security of Liberia or the socio-economic, commercial, and social well-being of its citizens. The Presidential Order may prescribe minimum standards, guidelines, rules, or procedures for the protection, preservation, general management, access to, transfer, and control of data, infrastructural or procedural rules for securing integrity and authenticity of data, storage or archiving of data, recovery plans in the event of disaster, and any other matter required for adequate protection, management, and control of data and other resources in CNII. The Act also requires audit and inspection of CNII to evaluate compliance, and mandates that Liberia accede to and implement relevant international instruments on cybercrime and cybersecurity.
Part V of the Act establishes the Liberia National Cybersecurity Center (LNCC) and the Liberia Cybersecurity Emergency Response Team (LCERT) as its technical group of experts. The LNCC is established as the national cybersecurity governance body, comprising the Ministry of Posts and Telecommunications (Chair), Ministry of Justice (Co-Chair), Ministry of Finance and Development Planning, Ministry of National Defense, Central Bank of Liberia, Liberia Revenue Authority, National Security Agency, Liberia Telecommunications Authority, LCERT, Financial Intelligence Agency, two private sector representatives, and one civil society representative. The LNCC Board meets quarterly and whenever convened by the Minister of Post and Telecommunications. The Act also provides for funding through the national budget and donor partners, and outlines coordination and enforcement responsibilities.
Expert Urges Oroler Education:
Experts and critics contend that these provisions effectively resurrect the criminalization of speech targeting public officials, a practice the KAK Act sought to end, and call for proper education. Media expert Samuka V. Konneh criticized the police’s handling of the law, questioning the lack of public awareness since its recent passage.
“In all fairness, we are not supposed to be arresting people for a law that passed only a month ago,” Konneh stated, arguing that while legal tradition dictates ignorance is no excuse, the government has failed in its responsibility to educate the public.
Konneh further warned that the Liberia National Police’s rapid mobilization of resources for this specific arrest signals a dangerous precedent. According to Konneh, the speed and scale of the enforcement raise serious concerns about whether the Cybercrime Act will ultimately be weaponized to clamp down on free speech and citizen expression.
Meanwhile, critics contend that these provisions effectively resurrect the criminalization of speech targeting public officials, a practice the KAK Act sought to end. Former Finance Minister Samuel Tweah characterized the legislation as a major regression for Liberian democracy. While acknowledging Koung’s intervention to free Wratto, Tweah argued that the necessity of high-level political intervention highlights a systemic flaw.
“The citizen should never have been jailed for free speech to begin with,” Tweah said. He labeled the cyberbullying statute an “illegal, draconian measure” that contradicts decades of legislative progress, specifically referencing the Table Mountain Declaration signed under former President Ellen Johnson Sirleaf and the KAK Act passed under former President Weah.
“If politicians do not want to be cyber-bullied, let them leave politics and go to private life,” Tweah stated, adding that the power to critique and mock leaders is a fundamental right of ordinary Liberians seeking political accountability.
Former lawmaker Acarous Moses Gray and other opposition voices accused the Vice President of political posturing, pointing out that the Cybercrime Act bears Koung’s own signature from its passage in 2025.
Gray argued that if Koung truly believes the law targets citizens for mere criticism and ridicule, he should demonstrate political courage by leading a legislative process to repeal the law rather than selectively pardoning individuals to score political points.
A Constitutional Tension Unresolved
Liberia’s 1986 Constitution provides robust protection for freedom of expression. Article 15 guarantees the right to freedom of speech, press, and information, affirming that the right to hold opinions is without interference. However, a critical caveat is embedded in Article 15(a): “Every person shall have the right to freedom of expression, being fully responsible for the abuse thereof”.
This clause has been central to recent court rulings on the limits of free speech. The Supreme Court of Liberia has emphasized that while the Constitution provides for freedom of speech and freedom of the press, those freedoms are not absolute — but the envisaged punishment must be civil and not criminal. The Cybercrime Act’s criminal penalties for speech-based offenses appear to contradict this constitutional interpretation, creating a legal tension that may ultimately require judicial resolution.
Regional Precedent Warns of Chilling Effect
The regional context adds further weight to concerns about Liberia’s new law. In March 2022, the ECOWAS Court of Justice ruled that Section 24 of Nigeria’s 2015 Cybercrimes Act — which criminalized sending offensive, insulting, or annoying messages by computer — was incompatible with Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights. The court found that Nigerian authorities had used the provision to detain and prosecute activists, journalists, and ordinary social media users.
While Liberia’s cyberstalking provision requires an actual fear of death, violence, or bodily injury — a narrower standard than Nigeria’s invalidated language — the harmful-data-message provision’s falsity-and-harm branch remains vulnerable to abuse.
President Boakai has publicly reaffirmed his commitment to press freedom, stating in April 2025 that “under my leadership, Liberia will have no political prisoners and no press suppression”. The President also recommitted his administration to upholding the KAK Act, calling it “a monument to press freedom”.
The Cybercrime Act comes into effect a few years ahead of Liberia’s general election which is slated for October, 2029. Many have predicted an unpleasant rise in government-backed or political prisoners, considering that campaign periods are always heated with propaganda, claims, and more that could obviously be I’m aviation of the act.
