Angolan influencer sentenced to two years in prison for insulting the President of the Republic on TikTok

An Angolan influencer known as Net Najara was sentenced to two years in prison for insulting the President of the Republic, Joao Lourenço, on the social network TikTok, according to a ruling to which Lusa had access.

In a conversation with Lusa, the lawyer of Ana da Silva Miguel, better known as Net Najara (the name she took as an influencer), said that the sentence is not subject to appeal, since it is impossible to appeal to the Supreme Court if the sentence is less than three years, highlighting that this is the first fact-based conviction on TikTok, the short-video sharing network.

“The legislation is quite ambiguous and talks about the Internet,” he said.

Initially, on August 14, Net Nahara was sentenced for committing a crime of arbitrariness to six months in prison and payment of a court fee of 100 thousand kwanzas.

But the Luanda Court of Appeal, which rejected the defense’s appeal, increased the sentence on an appeal filed by the Ministry of Justice, deciding that the powerful man would have to serve two years in prison and pay compensation to the injured party – the president. João Lourenço – one million kwanzas (about 1,000 euros) “for non-material damage caused.

For the deputy, the initial sentence was too “merciful” because the defendant would commit the same acts again “as she frequently uses alcoholic beverages and drugs.”

The ruling, dated September 27, 2023, states that Net Nahara used his TikTok account to speak out about the governance of the President of the Republic, accusing him of dealings “with white people”, of “anarchy and disorganization” that are “irritating”. every”.

The influencer continued his insults and criticism about the lack of school, housing and jobs, ending with: “If Net dies, it will be the Angolan system and the white people, those blondes with blue eyes, those are the devils.”

In assessing the judicial penalty, the court understood that in the current social context, “people often use certain digital platforms that (…) violate rights,” confirming the need for a custodial sentence.

On the other hand, the situation of intoxication “does not relieve responsibility” from the defendant, since this circumstance has not been proven.

Despite taking into account mitigating circumstances, such as the fact that she is the main accused, has expressed remorse and has minor children, “they do not justify a lenient decision”, according to the judges of the Luanda Court of Appeal.

“The accused is known in the community as a user and frequent user of this type of socially unacceptable behavior,” the ruling also said, emphasizing the need to prevent or prevent crime.

In addition, the defendant “recognizes that freedom of expression is limited by the right to a good name” and “wanted to achieve large numbers of views by taking advantage of the fact that she is digitally influenced, with some recognized ability to influence the public.” opinion,” while using insulting words against the head of state, which “makes his behavior even more reprehensible.”

As aggravating circumstances, they highlight “the quality of the injured party,” the intensity of intent, the expressed feeling of hatred, contempt and xenophobia, as well as the personal condition of the defendant, “which reveals that she is a person with an average level of education.

The new Angolan Penal Code, which came into force in February 2021, in its article 333 provides for a prison sentence of six months to three years or a fine of 60 to 360 days for “whoever publicly and with intent to insult by words, images, written works, designs or sounds (…) by the President of the Republic or any other sovereign authority”