In a surprising development, Senegal’s Constitutional Council has struck down key provisions of a new media law that gave the National Media Regulatory Council, CNRM, broad powers to shut down media organisations and online news platforms.
The ruling followed a constitutional challenge filed by 23 members of parliament, including Aïssata Tall SALL, with support from Pan-African digital rights organisation, Paradigm Initiative, PIN, through its partner, the Association of Online Press Publishers and Professionals, APPEL.
The law, adopted on March 3, 2026, established the CNRM as Senegal’s new media regulatory body and gave it powers to close media premises and permanently shut down newspapers and online news platforms in cases involving an undefined “repeat offense.”
The law also allowed the regulator to use law enforcement powers and impose interim measures without sufficient safeguards for the rights of affected media organisations.
Concerned about the possible impact of the provisions on freedom of expression and online media, PIN and APPEL supported the legal challenge brought by the lawmakers on March 10, 2026.
In its decision of April 7, 2026, the Constitutional Council declared paragraph two of Article 31, which concerns the closure of media premises, unconstitutional. It also struck down provisions of Article 33 relating to the closure of newspapers and websites.
The Council further ruled that the use of law enforcement powers under Articles 31 and 34 must be subject to a warrant issued by a judicial authority.
It also restricted interim measures under Article 41, ruling that they are valid only when strictly connected to protecting the honour and reputation of others or safeguarding public order. The Council equally placed restrictions on the CNRM’s power to impose press releases under Article 42.
Paradigm Initiative welcomed the decision, describing it as a significant development for democracy, freedom of expression and digital rights in Senegal.
Moussa Waly Sene, Francophone Africa Regional Programs Officer at Paradigm Initiative, said the ruling demonstrates that the law can protect fundamental freedoms even when restrictive legislation appears difficult to challenge.
“This decision is a victory for Senegalese democracy and for all defenders of digital rights,” Sene said.
He added that the organisation was proud to have supported the legal challenge alongside APPEL and the 23 lawmakers, but stressed that the ruling should be a starting point for media regulation that respects the rule of law, human rights and pluralism across Africa.
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Paradigm Initiative also called for continued vigilance over the CNRM because of its status as an “independent administrative authority” attached to the Presidency of the Republic.
The organisation said transparency, multi-stakeholder dialogue and strict adherence to the Constitutional Council’s decision would be necessary to ensure the regulator operates within the limits of fundamental rights.
The organisation reaffirmed its commitment to supporting media professionals, digital rights advocates and authorities in Senegal and across Francophone Africa in strengthening media and digital rights protections.
