National Communication Act, 2012, confidentiality and unauthorised interception of communications
The National Communication Act, 2012 (Act 24 of 2012), ss. 96 and 98(1)(e)
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://mojca.gov.ss/wp-content/uploads/2023/03/National-Communication-Act-24-of-2012.pdfIn force.
A computer misuse rule binding public and private bodies.
- Obligation class
- Access restriction
- Audit expectation
- none
What it requires
- Do not break into, eavesdrop on, illegally monitor, or hack into a communication or a communication network without authorisation from the National Communication Authority, the Attorney General, the Director of Public Prosecutions, or a court.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
- NIST AI 600-1
- GAI-RISK-09Information Security
- GAI-RISK-12Value Chain and Component Integration
- OWASP LLM Top 10
- LLM03:2026Excessive Agency
- OWASP Agentic Top 10
- ASI03Identity and Privilege Abuse
- MIT mitigations Draft
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- FINOS AIGF
- AIR-PREV-018Agent Authority Least Privilege Framework
- AIR-PREV-023Agentic System Credential Protection Framework
- ETSI EN 304 223
- 5.1.2-6Access the AI system gets to other systems and data sources is minimal and risk assessed.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 98(1)(e) makes unauthorised interception, interference, jamming, or hacking of a communication network, radio frequency, or frequency band an offence punishable by imprisonment, a fine, or both; the Act does not itself state a maximum term or amount.
What it makes you log
Logging duty
Section 96 bars disclosing the contents of a communication and breaking into, eavesdropping on, illegally monitoring or hacking into communications without authorisation, and section 98(1)(e) makes interfering with another licensee's network or frequency an offence. Neither section requires anyone to create, keep, produce or review a log or record. Section 4(2) says the Act applies throughout the territory of South Sudan and to all persons involved in the postal and communication sectors, a general application clause that names no presence or effects test, so the hook is left empty.
- Kind
- None
- As of
What this law does
Section 96 of the National Communication Act, 2012 bars any person from disclosing or disseminating the contents of a message or communication, or opening postal material, except as the Act or its regulations specifically allow, and separately bars breaking into, eavesdropping on, illegally monitoring, or hacking into communications without authorisation from the National Communication Authority, the Attorney General, the Director of Public Prosecutions, or a court.
Section 98(1)(e) makes intercepting, interfering with, jamming, or hacking into a communication network, radio frequency, or frequency band allocated to another licensee an offence carrying imprisonment, a fine, or both, without the Act itself stating a specific term or amount. Section 1 brings the Act into force on the date of signature. No notice of the day it was signed has been located.
When LexLint raises it
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