SOMALIA
Since January 2021
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Ministry of Commerce and Industry Regulation 001/2021
According to Table 3 of Regulation 001/2021, there is a cost of USD 300 for the service license "Internet and ICT Services". In addition, the government website also states that there is a specific license for "Website Newspaper" (USD 300).
Coverage Internet and ICT Services
SOMALIA
Since December 2007, last amended in 2020
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Media Law Ref: 075/07
According to Art. 24 (b) of the Media Law Ref: 075/07, it inadmissible is to print, publicize or reproduce written materials, literature, pictures and films without the reception of approval from the person directly concerned. According to the Committee to Protect Journalists (CPJ), the Media Law gives the government broad powers to control and censor the media.
Coverage Software
SOMALIA
Reported in 2022
Pillar Content access |
Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - 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 3 in Somalia. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal
SOMALIA
Reported in 2017, 2019
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
It is reported that the Government of Somalia and the regional administration of Somaliland have blocked web content and platforms several times during the last years. In 2017, the Somaliland electoral commission asked telephone companies to block over a dozen social media platforms, including Facebook, Twitter, and Instagram, to prevent hate speech and fake news, while additional reports of blocking of independent news are found in 2019. In 2019, the Somali government temporarily blocked social media platforms during high school exams to prevent cheating and exam leaks. The blocking took place for 5 days and affected social media platforms such as Facebook, Twitter, WhatsApp, and YouTube.
Coverage Social media
Sources
- https://qz.com/africa/1126826/somaliland-is-blocking-facebook-twitter-linkedin-instagram-snapchat-and-viber-during-elections-to-avoid-fake-news
- https://www.ifj.org/es/centro-de-medios/noticias/detalle/category/press-releases/article/somalia-independent-news-websites-blocked-by-somaliland-and-puntland-courts.html
- https://qz.com/africa/1619810/somalia-to-block-social-media-during-national-high-school-exams
- Show more...
SOMALIA
Reported in 2021
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Somalia 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
SOMALIA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Somalia's law and jurisprudence.
Coverage Internet intermediaries
SOMALIA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor 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 Somalia's law and jurisprudence.
Coverage Internet intermediaries
SOMALIA
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreement with binding commitment on data flows
Somalia has not joined any agreement committing to open transfer of cross border data flows.
Coverage Horizontal
SOMALIA
N/A
Pillar Domestic Data policies |
Sub-pillar Framework for data protection
Lack of comprehensive data protection regime
Somalia currently does not have a data protection legislation into force even though several public bodies, including the Somalia Chamber of Commerce and Industry, the Federal Minister of Posts, Telecommunications and Technology, and the Minister of Commerce and Industry, have suggested the creation of a privacy legislation to the Cabinet of Federal Government of Somalia. There are, however, sectoral data protection provisions in, for example, the telecommunications sector. The Federal Republic of Somalia National Communications Law of 2 October 2017 aims at regulating the telecommunications services in order to, among other things, protect the confidentiality and privacy of communications.
Coverage Horizontal
SOMALIA
Since October 2017
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
National Communications Law
According to the National Communication Law of 2017, the National Telecommunications Commission (NATCOM), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
SOMALIA
Since October 2017
Pillar Telecom infrastructure and competition |
Sub-pillar Other restrictions to operate in the telecom market
National Communications Law
It is reported that there is a legal limit on the number of licenses, a minimum capital requirement to obtain a license and other licensing criteria. However, these restrictions are not found in the law. The licensing regime is regulated by the National Telecommunications Law of 2017.
Coverage Telecommunications sector
SOMALIA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Somalia has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
SOMALIA
Since March 2012
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
National Communications Law
The National Communications Law establishes a functional separation for the operator with significant market power, but not accounting separation. According to Art. 721 of the National Communications Law, notwithstanding the provisions of any other written law, the Commission shall have exclusive jurisdiction to determine, pronounce, administer, supervise, and enforce against all persons the competition laws and regulations, whether general or specific, for the Somali communications market. In addition, Section 722.a provides that it shall be unlawful for any licensed telecommunications service provider determined by the Commission to have significant market power to engage in any conduct that has the purpose or effect of substantially lessening competition in any Somali telecommunications market. However, it is reported that accounting separation is not required in the country.
Coverage Telecommunications sector
SOMALIA
Reported in 2021
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Somalia has no rules applicable to the protection of trade secrets.
Coverage Horizontal
SOMALIA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in Somalia to deliver telecom services to end users. However, it is practiced in the mobile sector and in the fixed sector based on commercial agreements. In addition, some telecom companies and internet providers, Somtel, Telesom, and Somcable agreed with the government to share the landing and operation of submarine cables to enter the country.
Coverage Telecommunications sector