|
Momodou
Denmark
11804 Posts |
 Posted - 26 Feb 2010 : 17:42:19
|
Culled from Dailynews
-----------------
The Gambia’s Media Environment
The Gambia achieved independence on 18th February 1965. On April 24th 1970, the country became a republic following a referendum ending British rule.
The country was led by Sir Dawda Jawara until 1994 when the military overthrew his democratically-elected government. The coup leaders constituted an Armed Forces Provisional Ruling Council AFPRC led by Lt Yaya Jammeh.
Despite the return of the country to civilian rule in 1996 following elections, harassment and intimidation of journalists continued unabated. During this period, media laws like the Newspaper Decrees 70 and 71 of 1996 were promulgated. These decrees impose criminal penalties on private publications that fail to register annually with the government.
Another Media Commission Act was also enacted in 2004 and it increases the registration bond for existing newspapers by 100 percent. The commission that would establish a code of conduct for the private media, set standards for content and quality for print and broadcasting materials, maintain a registry of all media practitioners and organisations and adjudicate complaints against journalists and media organisations.
The law was challenged in court by the country’s Press Union on the grounds that it will undermine the work of independent journalists, among other concerns, leading to its abrogation by the Supreme Court. Despite challenge by the Gambia Press Union (GPU) about the constitutional validity of the commission, the commission was inaugurated in 2003, given powers to issue arrest warrants for journalists who ignore decrees and could force journalists to reveal their sources.
It required all journalists and media organisations to obtain a one-year renewable license and a heavy fine for those who refuse to comply. It was also given powers to jail journalists for up to six months for contempt. Among the offences listed in the Act were the publication and broadcasting of language, cartoon or caricature, which could be insulting to any person or authority.
The Gambia Press Union's refusal to nominate a member to the commission [on the grounds that there was only one media representation, prompted the government to push more legislation through the Parliament to allow the Communication Minister to appoint any journalist to the GPU seat.
In 2006 The Gambian Parliament passed two unfriendly media laws - the Newspaper Amendment Act and the Criminal Code Amendment Act 2004 respectively. The Newspaper Amendment Act nullifies all existing registrations of media groups and requires that all print and broadcasting owners register and sign a bond indicating that they have enough money or assets to provide any payment for any penalties that might be imposed on them by the courts.
The Criminal Procedure Code (Amendment) Act set mandatory prison sentences from six months to three years for owners of media outlets and journalists convicted of publishing defamatory or seditious materials. Another imposes a minimum of six months prison term for publishing or broadcasting false news and allows the state to confiscate any publications deemed seditious.
The penalties of the Criminal Code Amendment Act 2004 where again amended in 2005. The amended penalties include a fine of not less than fifty thousand dalasis and not more than two hundred and fifty thousand dalasis or imprisonment for a term not less than one year, or both such fine and imprisonment. Around this time, media houses and journalists face arrests and attacks, like The Independent newspaper, Citizen and Radio One FMs, journalist Ebrima Sillah’s family house, among others were victims of these.
The case of Ebrima Manneh, a reporter with The Daily Observer, who was arrested in July 2006 has not been heard of, or seen since then. On December 16, 2004, the co-owner and publisher of The Point newspaper Deyda Hydara, was shot three times on his way home following the paper's thirteenth anniversary.
Journalists have also been subjected to unfair trials in the Gambia. In June 2009 eight journalists were arrested and detained at the National Intelligence Agency (NIA) headquarters. One was released but seven were charged with sedition. They were arrested for criticizing statements by the President about the unresolved murder of Deyda Hydara. In August, six of them were sentenced to two years imprisonment and fined – among them is a mother of a few months old suckling baby.
In August 2009 in Glasgow, this reporter was joined by local journalists, members of the National Union of Journalists, politicians and a cross section of the community in holding a demonstration against the arrest and trial on charges of sedition of the seven journalists.
The Independent newspaper had its printing press burnt and the paper was subsequently closed down without a court order. Citizen FM radio and New Citizen Newspaper were also closed down in a similar manner. The law requires the arresting authorities to issue an arrest warrant before arresting anyone, but warrants are hardly ever issued and charges are never brought before 72 hours as stipulated in the constitution.
In winding up, I would like to appeal to unions for help so that the Gambian government can de-criminalize all existing media laws.
By Alieu B Ceesay
(Our UK correspondent)
Source: Dailynews
|
A clear conscience fears no accusation - proverb from Sierra Leone |
|
Topic Locked
