ANALYSIS/CYBERCRIMES: Why are online posts landing more and more Beninese in prison?
For several months, cases have been piling up on the desks of the Court for the Repression of Economic Crimes and Terrorism (CRIET). A Facebook post, a WhatsApp message, a TikTok video… and ordinary citizens find themselves behind bars. Defamation, public insults, spreading false information: in Benin, offenses related to the Digital Code are exploding. How can this trend be explained?
The Internet is not a lawless zone
Many Beninese still perceive the virtual space as a world disconnected from “real life.” This is a strategic and legal error. The Digital Code is quite clear: what is published online has the same legal value as a public statement.
Unfortunately, a lack of awareness of the legal limits is almost universal. People insult, accuse, and spread rumors without considering the consequences of their actions. On WhatsApp and Facebook, emotion too often trumps reason. In the arena of online groups, the quest for approval fuels escalation. People write in the heat of the moment, sharing without checking. The click is instantaneous, but the consequences are long-lasting, as law enforcement apprehends the perpetrator days later.
Spreading false information, a severely punished offense
During periods of political tension or social crisis, rumors spread like wildfire. Announcements of coups, false terrorist attacks, fabricated shortages… Unverified information goes viral in minutes. And Beninese law takes a very hard line on fake news.
Benin’s Digital Code explicitly states this in Article 555:
« Anyone who initiates or disseminates false information against a person through social media or any other digital platform is punishable by imprisonment for one (1) to six (6) months and a fine of five hundred thousand (500,000) to one million (1,000,000) CFA francs. »
The text is unambiguous: sharing without verifying is already breaking the law. Even without being the primary source of the lie, simply sharing it exposes citizens to prison sentences.
The Great Challenge of Digital Literacy
This surge in arrests highlights a fundamental problem: the rapid democratization of smartphones has not been accompanied by media literacy. People received the tool without the civic instruction manual. At school and within families, this training in digital responsibility is sorely lacking. As a result, citizens often only discover the existence of the law in court.
Therefore, indiscriminate repression shows its limitations; it becomes urgent to educate the public. The Digital Code must be made accessible through practical examples and impactful messages, such as: « These 5 types of messages can land you in prison. » Poster campaigns, video clips, radio programs in national languages… The law must move beyond the courts and become accessible to everyone.
The State, media professionals, the education system, and influencers must now speak with one voice: publishing is a commitment. The key message is simple: freedom of expression is a constitutional right, but it ends where insult, defamation, and incitement to violence begin.
Social media represents a powerful lever for development in Benin. However, if poorly managed, it can become a legal trap. The rise in cybercrime reveals a twofold deficit: a glaring lack of information and an urgent need for education. To clean up the national digital space, action must be taken on both fronts. Because behind every screen, every post is an act. And in Benin now, every act has consequences.
Christian AKPAPKA (Intern)
