GPU Secretary General, Mr. Modou S. Joof
By Buba Gagigo
The Gambia Press Union (GPU) has called for urgent reforms to bolster press freedom during the 81st Ordinary Session of the African Commission on Human and Peoples’ Rights in Banjul.
The Gambia Press Union said In 2023, there was ‘considerable’ progress in terms of press freedom as per the RSF Global Press Freedom Index, with The Gambia ranked 5th in Africa and 46th in the world among 180 countries.
In its statement, the GPU noted significant progress in press freedom in 2023, as indicated by the RSF Global Press Freedom Index, where The Gambia ranked 5th in Africa and 46th globally among 180 countries. However, this year saw a decline, with the country dropping to 58th place worldwide and 10th in Africa.
The GPU attributed this decrease to a range of issues, including attacks on journalists, restrictive media laws, economic hardships such as high taxes and lack of media subsidies, insufficient protections for journalists, and the inadequate implementation of the Access to Information law.
“This year, the country dropped 12 places to 58th position globally and 5 places to 10th in Africa in the global press freedom index. While this is still better than what obtains in a number of countries, the reason for the drop hinges on attacks on journalists, restrictive media laws, economic challenges that include high taxes and a lack of subsidies for the media, a lack of mechanism to ensure the safety of journalists, and the lack of implementation of the Access to Information law,” GPU said.
According to the GPU, although some progress has been made, Gambia continues to face significant challenges regarding press freedom. This includes ongoing impunity for physical violence against journalists, such as recent assaults, as well as verbal threats aimed at journalists and media outlets by the current administration in Banjul. Since 2017, there have been over 15 reported incidents of physical assaults on journalists and media professionals, carried out by police or political party militants from both the ruling and opposition parties. Alarmingly, none of these cases have been investigated, and no one has been held accountable.
In October 2023, the Gambia saw direct threats issued against journalists and media organizations by the current leadership, which sparked social media calls for attacks on specific journalists and media houses by militants affiliated with the ruling party.
“Journalists and media workers have also faced arbitrary arrests by the police, detained incommunicado without access to family or lawyers, and their whereabouts unknown for up to 48 hours. In one instance, a media worker was physically assaulted while in police custody. Human rights defenders and academics who speak to the media and are critical of the government have also faced arrests, interrogations, detained and charged with incitement to violence – for simply exercising their rights to free expression through the media. The failure to bring perpetrators of crimes against Gambian journalists to justice, has helped sustain a cycle of violence against journalists for 30 years – covering a period from the dictatorship era to the current administration as of 2024,” the GPU said.
The GPU acknowledged that while the Gambian media generally operates without censorship, there are instances of crackdowns on media outlets deemed critical of the government.
“In January 2020, two private radio stations, King FM and Home Digital FM, were closed down for one month, and their directors detained for four days on allegations of “inciting hatred” for their coverage of an opposition parties’ protest. We also note with deep concern that in 2023 and 2024, there have been increasing threats of civil defamation suits against journalists and media houses from the government. This month, two of such threats by the Gambian leader and the Minister of Environment, are scheduled to be heard in court against The Voice Newspaper11 and The Alkamba Times12,” they said.
The GPU expressed deep concern, highlighting that defamation lawsuits not only pose significant financial risks but also have the potential to severely undermine these media houses. This could restrict their ability to hold the government and public officials accountable and to promote transparency in governance.
Regarding media law reform, the GPU stated that “criminal defamation” and “false publication online” are no longer relevant, having been deemed unconstitutional by the Supreme Court of The Gambia in 2018.
“Sedition laws still exist, however, a new Criminal Offences Bill 14 which seeks to repeal the Criminal Code, has not replicated the sedition law and once enacted sedition will no longer be an offence. On the contrary, we are concerned that the same Criminal Offences Bill, 2022 which is currently in parliament, replicated the “False Publication and Broadcasting” law – a draconian provision from the Criminal Code which is still being used against journalists – with a punishment for anyone found guilty of up to one year imprisonment or a fine of more than $3000 USD or both,” the GPU said.
The GPU reported that on September 26 and September 30, 2024, the Deputy Editor and the Editor-in-Chief of The Voice Newspaper, a local daily, faced charges of “False Publication and Broadcasting” related to a news article concerning President Barrow’s rumored intention to step down from the presidency by 2026.
“Criminal proceedings against the two journalists began in October,” the GPU. 8, 2024 – the first of such trials against a journalist since the end of the dictatorship in 2016. The “False Publication and Broadcasting” law, among other draconian Gambian media laws, is recommended for repeal by the ECOWAS Court of Justice in 201816, by Gambia’s Truth Commission in 2021, and by a government Media Law Review Committee in 2018. Contrary to commitments made on media law reforms, press freedom and freedom of expression, the Gambia Government is also making new laws like the Cybercrime Bill, 2023 with provisions that could be used to restrict press freedom and freedom of expression which could be used to target journalists, human rights activists, opposition activists, and social media users. Access to Information,” the GPU stated.
In light of these issues, the GPU called on the African Commission to urge the Gambian government to:
• Put an end to impunity for violent attacks on journalists by investigating and prosecuting physical assault on journalists
• Ending the harassment and intimidation of journalists and journalists’ sources through arrests and legal proceedings
• Speed up efforts to bring to justice perpetrators of murder, enforced disappearance, and torture of journalists – committed during the dictatorship.
• Fulfill commitments it has already undertaken to repeal draconian media laws
• Ensure Gambian Parliament to consider recommendations by the Gambia Press Union to remove False Publication and Broadcasting from the Criminal Offences Bill, 2022
• Ensure the Gambian Parliament remove entirely or revise provisions in Section 6
1(a) and subsections (b) and (c) of the Cybercrime Bill, 2023, which in their current form, would infringe upon fundamental rights and freedoms for journalists, the opposition, human rights defenders, and social media users contrary to local and internationally guaranteed rights to freedom of expression.
The GPU also called on the Commission to urge the Gambia government to:
• Ensure the full implementation of the Access to Information Act, 2021
• Ensure the Information Commission is free from political influence
for an effective implementation of the access to information law,
• Provide the Information Commission with adequate resources to effectively undertake its oversight function