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By: Ramatoulie Jawo
Officials from the Gambia Press Union (GPU) recently appeared before the National Assembly Select Committee on Education to present their position paper concerning the Cybercrime Bill 2023.
The paper was introduced by Modou Joof, Secretary General of the GPU, who expressed concerns regarding certain clauses within the bill. He noted that these provisions could significantly impact press freedom and freedom of expression, particularly affecting the media, human rights activists, opposition members, and the general public, including social media users.
“These provisions include Section 4, Subsection 7 Section 5, Section 6(1)(a) and paragraphs (b) and (c) Section 7, Section 8(1) Section 12(1) Section 13, Section 15, Section 16, and subsection (6) Section 17(6) Section 18(2),” he said.
He urged that the provisions in Section 6(1)(a) and subsections (b) and (c) of the Cybercrime Bill be either removed or revised to prevent infringement on fundamental rights and freedoms.
The position paper emphasizes the responsibility of state-owned media to provide fair opportunities for presenting diverse views and dissenting opinions.
“It is worth emphasizing that there are absolutely no safeguards for public interest investigations or news reporting while cyberbullying appears in the definitions section of Section 2; this definition merely repeats the language of Section 7 in a circular manner, adding that anyone assisting or encouraging such conduct is also guilty of cyberbullying,” the GPU stated.
Mr. Joof further pointed out that Section 12(1) penalizes individuals who perform unauthorized actions regarding a computer system or data when they know such actions are unauthorized. Section 12(5) presents convoluted definitions, stating that ‘doing an act’ includes causing an act to be done, and that an ‘act’ can consist of a series of acts.
“Sections 5, 6, and 7 must be stricken entirely; they consistently fail the tripartite test of permissible restrictions of expression, particularly the test of legality, in that they contain vague and overbroad prohibitions that have been routinely rejected under international standards. Many restrictions do not pursue a legitimate aim, as explicitly enumerated in Article 19, paragraph 3 of the ICCPR. Further, they constitute cyber-enabled rather than cyber-dependent offences and, as such, are inappropriate to include in a cybercrime law,” they recommended.
The GPU called for a thorough review of the Cybercrime Bill 2023, aligning it with the principles of freedom of expression and international human rights standards.
Additionally, they urged the Education Committee to expand public consultations on the Cybercrime Bill to include all relevant stakeholders, such as the National Human Rights Commission, the Gambia Bar Association, the Female Lawyers Association, consumer groups like the Consumer Protection Alliance, and political parties.
The GPU expressed hope that the National Assembly will seriously consider their position and recommendations outlined in the document.