Belgium–DRC: social media misconduct now distinguished from press offenses

Kinshasa, March 24th, 2026 (CPA).-  Belgium has tightened its legal framework for repressing offenses committed on social media by distinguishing them from press offenses in recent case law, the Prosecutor General of Brussels explained Tuesday to the Minister of Justice of the Democratic Republic of the Congo (DRC), according to the ministry’s X account. “There is very recent case law from the Belgian Court of Cassation which clearly distinguishes between social media and press offenses. This is extremely important (…) and will make it possible to prosecute certain acts that could not previously be prosecuted. It creates a significant shift in a balance that is essential in a democracy,” said Frédéric Van Leeuw, as quoted in the statement. He noted that, until now, a series of comments posted on social media had been treated as press offenses. However, with this new legal interpretation, the Assize Court is now empowered to prosecute such infractions. Citing incitement to violence as an example, the Prosecutor General stressed that many individuals, including jihadists who traveled to Syria, were influenced through social media platforms. “It should be noted that 30% of social media content is produced by just 1% of influencers, and these influencers are not only Nobel Prize winners; they can also be highly radical and motivated individuals whose discourse must be countered through education and dialogue with young people,” he added. For his part, Guillaume Ngefa, Minister of Justice of the DRC, stated:

“He outlined to me the major evolution of Belgian law regarding defamation, insults and threats, including when such acts are committed from abroad. With the entry into force of the new Criminal Code on April 8th, 2026, these offenses will no longer be considered press offenses and will no longer benefit from the immunity linked to Article 150 of the Belgian Constitution.”

“They can now be brought before an Assize Court. This reform marks a significant turning point in protecting citizens against verbal violence, hate campaigns and cross-border threats,” he added. Minister Ngefa welcomed the exchange, noting its relevance for the DRC, which is working to modernize its legal framework in this area. “International legal cooperation remains essential to ensure a safer, more responsible digital space that respects human dignity,” he said. These discussions come as Félix Tshisekedi has launched efforts to popularize the Congolese Digital Code in order to combat impunity.

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