The Law Governing Journalistic Practice in a Changing Era

Khalid Al-Baloula
Sudanese journalism appears to need a new law to accommodate these digital transformations and establish a clear framework for regulating the profession, including the rights and duties of its practitioners.
Journalists no longer practise their profession solely through printed newspapers. They now work through websites and digital platforms, or publish on social media, using smartphones to take photographs and write and publish. Yet another person, with no connection to the profession, performs exactly the same tasks simply because they own a smartphone: taking photographs, writing and publishing.
This is where the problem arises. Social media does not distinguish between a professional journalist, whose occupation involves editing and journalistic writing and who is accountable under the law, and an individual who owns a smartphone and writes and publishes content through these modern media platforms.
This is where legislation has a role to play. It should distinguish between the two in terms of professional status, the nature of their activities and their respective responsibilities, without restricting individuals’ right to freedom of expression.
An important question arises here: what is the difference between the Cybercrime Law and the law governing journalism and publication across different media platforms?
In my view, the two differ fundamentally.
(1) The Cybercrime Law regulates offences committed through information systems and networks, such as hacking, unauthorised access to data, and attacks on systems and information.
(2) The law governing journalism and publication, by contrast, regulates the profession itself. It defines who qualifies as a journalist, what rights journalists enjoy, what duties they must fulfil, what responsibilities media organisations bear, what safeguards protect journalists while they work, and what professional standards govern publication.
If a journalist publishes an article in a printed newspaper, they are subject to the rules governing journalism and publication. If they publish the same article on a website or digital platform, why should they suddenly fall under a different legal framework when the activity itself remains, in essence, journalistic?
In my view, the current realities of journalism do not call for merely amending an old law or adding a few legal provisions. Rather, they require us to rethink the legislative frameworks governing journalistic practice in the digital age. These frameworks must accommodate modern media in all their forms and under their various designations, while setting clear standards and rules for publication across platforms. The Cybercrime Law should remain in place to regulate cybercrime, not replace legislation governing journalistic practice.
Regulating the practice of journalism in an era of digital transformation, while criminalising unlawful acts, is essential.
The medium has changed, the nature of journalistic work has changed, and its relationship with the reader has changed. Citizens themselves can now produce whatever content they wish and publish it whenever they choose.
The legislation we hope to see must therefore keep pace with these realities and clearly distinguish between professional journalism, content produced by individuals, and crimes committed through electronic media.

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