The Digital Space Before the Sudanese Judiciary – The Challenges of Cybercrime| Sudanow Magazine

Port Sudan, (Sudanow)_ the acceleration of technical development and the widening scope of Internet usage in Sudan, cybercrimes have emerged as one of the most prominent challenges facing individuals and institutions alike. Crimes related to fraud, blackmail, content forgery, and the spread of misinformation have become part of daily reality, especially following the outbreak of the war and the accompanying violations documented via digital platforms.

In this context, Sudanow hosted Mr. Moatasem Mirghani Al-Amin—Legal Consultant and General Manager of Mova Law Firm and Legal Consultations—to understand the reality of these crimes in Sudan, the effectiveness of current legislation, mechanisms for collecting digital evidence, the challenges facing investigative bodies, and the implications of Artificial Intelligence on the evolution of this type of crime.

● How does Sudanese law define cybercrime?

Let us take a general look at the law and the updates made to it.

The Cybercrime Law in Sudan is one of the modern laws that has reached a level of development and modernity in step with the evolution of crime. It was the first law to regulate electronic crimes. Legislation began with the issuance of the Cybercrime Act of 2007, which was repealed by the 2018 Act, followed by a slight amendment in 2022.

● What are the most prevalent cybercrimes in Sudan currently?

The most prevalent crimes are financial fraud via social networking sites, blackmail, and defamation/abuse. All of these are considered the most widespread.

● Have these crime rates increased after the war launched by the rebel militia against the country? What groups are most targeted—women, children, institutions, or youth?

We should also touch upon banking application cases.

Yes, these crimes have increased, specifically regarding the documentation of crimes against humanity and genocide by militia members. The general concept is that the provisions of the Cybercrime Act are consistent with the Criminal Code, organized so that their provisions are applied together.

Regarding targeted groups, these crimes affect all segments of society: women, men, the elderly, youth, children, national assets, and public institutions, as these crimes are documented and circulated via electronic platforms.

As for banking applications and the disputes accompanying them, they are numerous. They are regulated by legal provisions according to the case and are usually investigated by the Cybercrime Prosecution. However, there has recently been a trend to direct them to the Public Prosecution due to their sheer volume and recent increase.

● How is digital evidence—such as chats, photos, videos, and other technical data—collected, and to what extent is it accepted by the courts?

There is a specialized prosecution office (Cybercrime Prosecution) that investigates all electronic crimes in coordination with the Ministry of Telecommunications and other bodies. However, investigative bodies lack many modern technical means to keep pace with the evolution of cybercrime.

Regarding the courts' acceptance of digital evidence:

It is admissible, but its weight depends on the degree of substantiation. If it is a document issued by an official authority, it is considered an official document that cannot be challenged except by claiming forgery. If it is an unofficial document—whether written, visual, or audio—it has probationary force in evidence depending on its relevance to the fact being proven.

● What steps should victims follow to file a report?

Procedures are initiated by the complainant, who goes to the Prosecution for an initial investigation. They then deposit documents proving they were subjected to an attack or that crimes were committed against them. Subsequently, the Ministry of Telecommunications is addressed to provide information regarding the respondent. The Prosecution may need to address telecommunications companies if a phone number related to the accused is found, the Civil Registry to search for the accused’s identity, or banks if the crime is related to banking. All of this depends on the type of crime being investigated.

However, through working on such crimes, we find some shortcomings in the Prosecution's work. They often adopt a traditional and primitive approach without utilizing technology in research, investigation, and inquiry. Furthermore, document storage is primitive; material is saved on flash drives and sealed as "exhibits." This exposes the documents to damage due to poor storage. It would have been better, more beneficial, and easier had they linked these materials to a secure system.

● With the spread of AI technologies such as "Deepfakes"—a feature relying on deep neural networks to generate or alter visual and audio content to mimic reality, such as swapping faces or altering voices making it hard to distinguish fake from real—what is the legal opinion?

Technical and digital development has produced many positives that have facilitated life globally, and we find many countries managing their affairs via Artificial Intelligence. However, cybercrimes have evolved alongside this technical leap, as crimes develop with the development of society. Therefore, the law must keep pace with this evolution. In Sudan, this matter has begun to spread noticeably, necessitating a focus on strengthening the means to combat such crimes.

The law criminalizes any aggression against others via blackmail or defamation using any technical means involving the alteration of digital content and the falsification of real content. However, in this regard, we say that these crimes, and the methods they employ, make it difficult to distinguish between real and fake content without the use of high-level research and auditing tools.

● Does Sudan impose special restrictions or conditions on content from global platforms, as some countries require? And does the State have the legal right to stop broadcasting or ban the accounts of individuals or entities opposed to State policy?

This approach may be futile and ineffective, especially since Sudan has no binding authority over these global platforms. Imposing such restrictions requires enforcement power, and enforcement requires obligation. Additionally, the digital space has become open and does not tolerate restrictions. Nevertheless, each of these platforms has policies and restrictions that can be activated against content if it is harmful.

● What is the most important message or advice you would give to a journalist to ensure they do not cross the line from freedom of expression into defamation?

The word is a weapon that can work for you or against you; one must be considerate of others. The journalist is one of the pillars of the search for truth, but this must be done with awareness, without causing harm or exceeding freedom of expression, as doing so may expose them to legal accountability. There is a fine line between objective criticism and defamation/insult.

● What are the most prominent challenges facing Sudan in combating cybercrime?

The most significant challenge facing the State is the shortage of technical equipment that contributes to tracking the perpetrator, as well as the qualification and training of the cadre investigating such crimes to a level that aligns with the evolution of cybercrime.

In conclusion, it is clear that cybercrimes are no longer merely individual phenomena but have become part of a complex system requiring continuous legislative development and technical and professional support for investigative bodies. While the digital space opens wide doors for expression and conveying the truth, it also carries risks that demand awareness and responsibility. With the development of digital tools and Artificial Intelligence, the greatest challenge remains achieving a delicate balance between freedom of expression and protecting society from exploitation, blackmail, and forgery. Perhaps the most important takeaway from this dialogue is that the "word" is a responsibility, and protecting the digital space begins with user awareness and ends with the enforcement of the law and the development of its tools.

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