Dear editor,
The indictment of the Newspaper, and detention of journalist Momodou Justice Darboe over an article on the succession plans of President Barrow and his NPP party is absurd and abusive. It is problematic for a Head of State to sue a media house and its journalists for covering public interest matters of this importance.
The case is flawed on many grounds.
· Criminal defamation and false news provisions violate the rights to freedom of expression
The use of criminal defamation laws to prosecute journalists is not in line with The Gambia’ international commitments, it has no place in a democratic society. President Barrow and his Government made a solemn commitment to reform the Jammeh era’s expression related laws and particularly to decriminalise defamation.
The Ecowas Court of Justice on Cases involving the Gambia has reiterated that criminal defamation laws do not comply with regional treaties and thereby urged the Gambia to remove such provisions in its statute books. In another landmark decision, against Burkina Faso, the African Court of Justice has decided that criminal defamation violates the African Charter of Human and Peoples’ Rights.
· The unfulfilled promises of media law reforms
Since 2017, the Gambia has embarked on a transition from autocratic regime to democracy. For two decades, the previous regime negated freedom of expression, used the security apparatus and the courts to legitimise repression -which was the order of the day- denied Gambians of vital information. Journalists were frequently arrested, intimidated and prosecuted on frivolous accusations. When President Barrow was elected, his Government promised to overhaul anti media and free expression laws. Despite significant preparatory work done by civil society and technical assistance of international experts, these laws remain and continue to be used. The reform agenda seems stale and deprioritised.
· Overbroad use of defamation to stifle expression
Defamation laws serve specific purpose: protection of reputation and should not be used to stifle expression and public debate. Public officials including the President are expected to be more tolerant and open to scrutiny and should not use their powers and public resources, particularly the courts to prosecute journalists.
False news charges were invoked by the police with the initial accusations of defamation.
There is a need for all stakeholders to remobilise and ensure that the democratic gains are not reversed and the unfinished reforms are finalised to avoid uncertainties for journalists and political dissidents.
I urge the President to drop this case and prioritise the reforms, instruct the relevant ministries to finalise the process to decriminalise defamation which will be important for his legacy and the future of the Gambia.
Fatou Jagne Senghore
Human Rights Advocate
