SOUTH SUDAN
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in South Sudan's law and jurisprudence.
Coverage Internet intermediaries
SOUTH SUDAN
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Indicator User identity requirement
Mandatory SIM card registration
It is reported that South Sudan imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector
Sources
SOUTH SUDAN
Reported in 2021, last reported in 2023
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
In recent years, there have been several reported cases of web content blocking, illustrating the challenge of restricted access to online platforms. In late June 2020, Sudan's Post publicly announced that government authorities had blocked access to its content. In August 2021, it was noted that Facebook and WhatsApp faced restrictions ahead of planned protests, underscoring the ongoing issue of online content limitations. Moreover, it is reported the government’s South Sudan National Communication Authority at times blocked access to certain websites in 2023, such as two popular news websites, Radio Tamazuj and Sudans Post, as well as social media personalities and other online news generators.
Coverage Media outlets, blogs and social media
Sources
- https://web.archive.org/web/20240423144745/https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/south-sudan/
- https://web.archive.org/web/20231226211923/https://ooni.org/post/south-sudan-censorship/#blocked-websites
- https://web.archive.org/web/20210117144939/https://www.nyamile.com/2020/08/17/swedish-group-says-silent-media-blocking-continue-in-south-sudan/
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SOUTH SUDAN
Reported in 2025
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 1 in South Sudan for the year 2024. This corresponds to "The government shut down domestic access to the Internet numerous times this year."
Coverage Horizontal
SOUTH SUDAN
Since June 2012
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
National Communication Act, 2012
Sections 28-30 of the National Communication Act restrict the use, import or trade of any communication equipment or materials except under a licence issued by the Authority.
Coverage Communication equipment
SOUTH SUDAN
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
South Sudan has not joined any agreement with binding commitments to open transfers of data across borders. However, South Sudan has been a member of the East African Community EAC since 2016 and is an observer of COMESA.
Coverage Horizontal
SOUTH SUDAN
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of legal framework for data protection
South Sudan does not have a comprehensive regime of data protection in place.
Coverage Horizontal
SOUTH SUDAN
Since May 2021
Pillar Domestic data policies |
Indicator Minimum period for data retention
Cybercrimes and Computer Misuse Provisional Order, 2021
Section 6 of the Cybercrimes and Computer Misuse Provisional Order imposes an obligation on service providers to store for 180 days information relating to communications, including personal data and traffic data of subscribers. A service provider is defined as a public or private entity that provides to users of its services the means to communicate by use of a computer system and any other entity that processes or stores computer data on behalf of that entity or its users (Section 5).
Coverage Online service providers
Sources
- https://web.archive.org/web/20230416095836/https://dr.211check.org/wp-content/uploads/2022/05/Cyber-crimes-and-Computer-Misuse-Provisional-Order.pdf
- https://web.archive.org/web/20230926070630/https://www.dataguidance.com/jurisdiction/south-sudan
- https://web.archive.org/web/20220123193116/https://cipesa.org/?wpfb_dl=480
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SOUTH SUDAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Lack of copyright law
South Sudan does not have a law covering copyright protection.
Coverage Horizontal
SOUTH SUDAN
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in South Sudan. It is reported that the legal structure for intellectual property rights (IPR) is weak, and enforcement is lax.
Coverage Horizontal
SOUTH SUDAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
South Sudan has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SOUTH SUDAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
South Sudan has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SOUTH SUDAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
South Sudan has no rules applicable to the protection of trade secrets. However, there has been a bill in this regard that has been pending approval since 2013.
Coverage Horizontal
SOUTH SUDAN
Since June 2012
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
National Communication Act, 2012
There is an obligation for passive infrastructure sharing in the country to deliver telecom services to end users. According to Art. 53 of the National Communication Act, licensed operators shall share their infrastructure on the basis of commercial agreements entered into with each other. However, the Authority shall direct operators to share their infrastructure where it is in the public interest to do so.
Coverage Telecommunications sector
SOUTH SUDAN
Since February 2012
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
The Companies Act, 2012
Section 323.4 of the Companies Act stipulates that small companies shall be exclusively owned by South Sudanese nationals. According to Section 323.3, a company qualifies as a small-sized private company if its turnover for the preceding accounting period is below a threshold specified by the government, it employs no more than seven individuals, and its share capital does not exceed an amount prescribed by the government. Furthermore, Section 323.5 mandates that financially capable South Sudanese nationals must hold a minimum of 31% of the shares in medium and large private companies. Section 323.6 defines a medium or large private company as one with share capital not less than an amount prescribed by the government. These regulatory restrictions reportedly extend to sectors pertinent to digital trade, including telecommunications, internet services, and computer-related services.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250109154524/https://mofaic.gov.ss/wp-content/uploads/2023/03/Companies-Act-2012.pdf
- https://web.archive.org/web/20250109154622/https://imanidevelopment.com/wp-content/uploads/2017/03/Legal-and-Economic-Assessment-South-Sudan.pdf
- https://web.archive.org/web/20250109154953/https://2009-2017.state.gov/e/eb/rls/othr/ics/2013/204855.htm
- https://itip-services-worldbank.wto.org/SearchApplied.aspx
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