Press release: Senegal’s Constitutional Council overturns repressive media law provisions following legal challenge

Pan-African digital rights organisation, Paradigm Initiative (PIN), welcomes a decision by the Constitutional Council of Senegal, which struck down certain provisions of Law No. 07/2026 establishing the National Media Regulatory Council (CNRM). The Constitutional Council’s Decision No. 2/C/2026 of 7 April 2026, which represents a major victory for fundamental freedoms, online freedom of expression and the rule of law in Senegal, follows a constitutional appeal lodged on 10 March 2026 by 23 members of parliament, including Ms Aïssata Tall SALL, and supported by Paradigm Initiative through its partner, the Association of Online Press Publishers and Professionals (APPEL). 

The original law, adopted on 3 March 2026, conferred upon the National Media Regulatory Council excessive powers, including the power to close down media premises, permanently shut down newspapers or online news sites in the event of an undefined “repeat offence”, deploy law enforcement without prior judicial review, and impose interim measures without sufficient safeguards for the rights of the defence.

Faced with the risks of administrative censorship, political interference and the outright disappearance of online media, PIN and APPEL pooled their expertise to support the lawmakers in this strategic legal challenge. The action aimed to ensure that the new regulatory framework for the media strictly respects the fundamental freedoms enshrined in the country’s Constitution.

In its decision of 7 April 2026, the Constitutional Council upheld the main arguments put forward by the applicants and their supporters. Paragraph 2 of Article 31, relating to the closure of premises, was declared unconstitutional, while provisions of Article 33 relating to the closure of newspapers and websites were also struck down. The Council further ruled that the use of law enforcement powers under Articles 31 and 34 is subject to a warrant by the judicial authority. Interim measures under Article 41 are valid only when strictly related to the protection of honour, the reputation of others or the safeguarding of public order. The power to impose press releases under Article 42 was also restricted.

Paradigm Initiative notes that the CNRM’s status as an “independent administrative authority” attached to the Presidency of the Republic calls for constant vigilance, as its effective independence can only be guaranteed through transparent practices, multi-stakeholder dialogue and strict adherence to the reservations expressed by the Constitutional Council.

To Moussa Waly Sene, Francophone Africa regional Programmes Officer for Paradigm Initiative, “this decision is a victory for Senegalese democracy and for all defenders of digital rights. It shows that the law can and must protect fundamental freedoms, even in the face of draft legislation that seems inevitable.”

Furthermore, Moussa adds, “Paradigm Initiative is proud to have supported this fight alongside APPEL and the 23 MPs. But this victory must not be an end in itself; it must be a starting point for media regulation that scrupulously respects the rule of law, human rights and pluralism throughout Africa.”

This victory also reinforces Paradigm Initiative’s work across Francophone Africa, demonstrating the importance of strategic legal advocacy, strong local partnerships and sustained engagement in shaping media and digital rights frameworks that protect fundamental freedoms. Paradigm Initiative reaffirms its unwavering commitment to supporting media professionals, digital rights advocates and the Senegalese authorities in the effective implementation of this historic decision.

See details of the decision here. 

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