Kinshasa, April 21st, 2026 (CPA).- For some time now, digital platforms in the Democratic Republic of the Congo (DRC) have become a space for settling disputes and personal scores through insults. In light of this situation, the Congolese Press Agency (CPA) spoke with Jourdain Tshisuaka, a lawyer at the Kinshasa Matete Bar, to examine this offence.
CPA 1. How is insult classified under Congolese digital law? And what are the constituent elements of this offence?
Lawyer Jourdain Tshisuaka: Insult is a malicious and somewhat vague characterization likely to undermine a person’s honor or expose them to public contempt. It is constituted simply by offending a person through hurtful, even imprecise or abusive expressions, contempt or invective.
Congolese positive law clearly distinguishes two forms of the offence of insult: private insult and public insult. The offence of public insult is governed by Article 75 of the Congolese Penal Code, which provides that “any person who publicly insults another shall be punished with a term of imprisonment ranging from eight days to two months and a fine not exceeding five hundred thousand Congolese francs, or one of these penalties only.” Public insult can only be established if it is committed publicly and against individuals. Insulting statements are considered public when uttered loudly in such a way as to be heard in public places in the presence of the victim and other persons. Written insults are public if they are sold, distributed or addressed to several persons. Visual insults are public if they are sold, distributed or disseminated through any modern means. It should be noted that insults can only be directed at natural persons and not legal entities (such as companies).
CPA 2. Before which court can the offence of insult be prosecuted?
Lawyer Jourdain Tshisuaka: The answer lies in the combination of Article 2 of the Code of Criminal Procedure and Article 331 of the Digital Code, which recognize the dematerialization and legislative handling of common law offences committed by electronic means. The Congolese legislator provides, with regard to public insult, penalties of eight days to two months of imprisonment and a fine not exceeding five hundred thousand Congolese francs. Furthermore, Articles 328 and 329 of the Digital Code state that jurisdictions competent to hear offences committed digitally are the courts of the judicial order of the Congolese State, under three conditions: First, the offence must be committed on the internet within the territory of the Democratic Republic of the Congo or when the illicit content is accessible from the DRC. Second, a natural or legal person may be prosecuted if they acted as an accomplice within the territory of the DRC to an offence committed abroad, provided that the offence is punishable under both Congolese law and foreign law. Third, when the offence is committed by Congolese nationals outside the territory of the DRC, provided that the acts are punishable under the legislation of the country where they were committed.
CPA 3. Can social media platforms such as Facebook, TikTok, WhatsApp and X, taken as a group, be sufficient to establish the public nature of an offence?
Lawyer Jourdain Tshisuaka: The public nature of an offence is established by the presence of a third party, other than the perpetrator and the victim. Social media platforms are an extension of the physical world, in the sense that the virtual environment shapes and coexists with the real world.