Liberia: From Reform To Reversal

A Nimba County lawmaker has introduced a controversial amendment to the country’s press freedom law that would re-criminalize insults and broaden regulation of social media, making certain online criticism punishable by up to three years in prison.

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By Festus Poquie

A Nimba County lawmaker has introduced a controversial amendment to the country’s press freedom law that would re-criminalize insults and broaden regulation of social media, making certain online criticism punishable by up to three years in prison.

Representative Nyan Flomo filed the Protection from Gender Based Online Abuse Amendment Act of 2026, a proposed change to the Kamara Abdullah Kamara Act of Press Freedom.

The bill, which is now before the House of Representatives, targets what it calls “gender based online abuse and harassment” and sets out criminal penalties for directing profanity, vulgarity or “wanton insults” and excessive criticism at a person on the basis of gender. Gender is defined as male and female and as the person may prefer to be identified.

Also, the draft measure defines offences to include profane or obscene language directed at a person because of their gender, targeted insults intended to humiliate or degrade, and publication of statements that amount to targeted harassment on social media platforms. It explicitly names platforms such as Facebook, X, TikTok, Instagram and WhatsApp, and applies to communications made publicly or semi publicly online.

Under the version being reviewed in the House, a conviction could carry a prison term of up to three years, along with fines. The bill also lays out affirmative defenses, including that the communication was a fair comment on a matter of public interest, protected political speech or criticism of public officials in their official capacities, or that the speaker reasonably believed the statements were true and not motivated by malice.

The amendment’s preamble says it is intended to protect “the dignity and integrity of all citizens, regardless of gender,” and cites Liberia’s constitutional guarantee of freedom of expression subject to responsibility, as well as international commitments such as the Convention on the Elimination of All Forms of Discrimination against Women and the Maputo Protocol. The bill also refers to the recent Senate passed Cybercrime Act of 2025 and says the amendment would provide greater specificity on gender based online abuse.

Reversal of earlier reform

 Advocates note the move effectively reverses elements of the 2019 Kamara Abdullah Kamara Act, which repealed certain criminal speech offences to expand press freedom.

That repeal occurred seven years ago; the new amendment would reintroduce criminal sanctions for categories of speech that were removed from the statute.

Representative Flomo framed the measure as a necessary step to curb abusive online conduct that disproportionately affects women and gender minorities.

Backers argue the law would provide victims a clear route to legal remedy and compel online platforms to take harassment more seriously.

But the bill has drawn swift criticism from press freedom advocates, journalists and international human rights observers who warn it could chill legitimate criticism and public debate.

They point to broadly worded terms in the draft—such as “profane,” “obscene,” “vulgarity” and “wanton insults”—and say such vagueness gives authorities wide discretion to target dissenting voices.

Legal experts also caution about potential conflicts with Article 15 of the Liberian Constitution, which guarantees freedom of expression, and say criminal sanctions for insulting language are likely to raise proportionality and necessity questions under international human rights standards.

The amendment contains provisions excluding members of the press acting within the legitimate scope of news gathering, reporting or editorial commentary from prosecution, but only where reporting does not amount to targeted gender based harassment.

It also includes a severability clause and would take effect immediately upon publication in handbills and the Official Gazette if passed.

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