Justice Ministry Pressed to Clarify Cybercrime Act Enforcement

By Stephen G. Fellajuah

NIMBA COUNTY, Liberia, September 24, 2026 — Nimba County Senator Nya D. Twayen Jr. has called on the Ministry of Justice to establish clear guidelines for enforcing Liberia’s Cybercrime Act of 2025, warning that its implementation could raise significant questions about freedom of expression and due process.

In a statement, Senator Twayen said enforcement procedures must remain within the authority granted by the Legislature and should not create new offenses, expand or restrict existing provisions, or alter penalties prescribed by the law.

“The effectiveness and credibility of the law will depend largely on how the Ministry of Justice interprets and enforces its provisions,” Twayen said.

His call comes amid growing public debate over the application of the Cybercrime Act following the arrest of Jerry Nyantee Wrato in connection with allegedly manipulated digital content involving Vice President Jeremiah Kpan Koung.

Police subsequently announced four charges against Wrato under the Cybercrime Act, despite a public appeal by Vice President Koung for his release. Wrato was later released from police custody following court intervention.

Twayen described the controversy as an early test of the new legislation and urged authorities to ensure that efforts to combat cybercrime do not undermine constitutional protections for lawful expression.

He called on prosecutors to establish clear charging thresholds requiring investigators to document the elements of an alleged offense, particularly criminal intent and harm, before pursuing charges.

“Offensive or unpopular opinions alone should not constitute sufficient grounds for prosecution,” Twayen said, while maintaining that offenses such as fraud, credible threats, identity theft and unauthorized access should remain subject to prosecution.

The senator also urged the Justice Ministry to publish guidelines explaining circumstances under which authorities may proceed with a cybercrime case without a complainant and when disputes could instead be addressed through mediation, retraction or apology.

He further recommended heightened prosecutorial review before arrests are authorized in cases involving journalists, media organizations or commentary concerning public officials.

On artificial intelligence and manipulated digital content, Twayen called for technical and forensic standards to determine whether electronic material has been fabricated or altered and whether it meets the elements of an offense under the law.

Without clear standards, he warned, “satire, caricature and comedy” could potentially be mistaken for fabricated content intended to deceive or cause harm.

Twayen proposed that enforcement procedures developed by the Justice Ministry be subjected to consultations with the Press Union of Liberia, Liberia National Bar Association, Independent National Commission on Human Rights and civil society organizations before adoption.

He also called for regular legislative oversight of the Act’s implementation to ensure that enforcement remains consistent with constitutional safeguards.

According to Twayen, Article 15 of the 1986 Constitution provides a framework for balancing freedom of expression with accountability for abuses of that freedom.

“The government may punish genuine abuses of expression, including fraud, credible threats and fabricated content intended to deceive or cause harm, but the law should not be used to criminalize criticism, comedy or the expression of an opinion,” he argued.

He also cited Articles 20 and 21 of the Constitution, which contain due-process and other protections relevant to criminal proceedings and investigations, saying constitutional safeguards must guide the enforcement of cybercrime legislation.

Twayen further referenced the Kamara Abdullah Kamara Act of Press Freedom, signed into law in 2019, cautioning that the Cybercrime Act should not be enforced in a manner that indirectly restores criminal restrictions on expression that were repealed under the earlier law.

The 2019 law repealed provisions of Liberia’s Penal Law covering criminal libel against the President, sedition and criminal malevolence.

Despite his concerns, Twayen maintained that cybercrime legislation is necessary to address emerging digital threats, including fraud, harassment and the misuse of artificial intelligence.

He urged the Justice Ministry to ensure that enforcement of the law protects public safety while respecting lawful expression and constitutional due-process guarantees.

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