National Assembly Chambers
By Ramatoulie Jawo
Members of the National Assembly, during the consideration stage of the Criminal Offences Bill 2020, have agreed to retain Clause 154 of the bill. This clause stipulates that individuals convicted of false publication or broadcasting will face a fine of no less than fifty thousand dalasis (D50,000).
According to the clause, anyone who willfully, negligently, or recklessly publishes or broadcasts information they have no reason to believe is true, through any medium, commits an offence. Upon conviction, the offender will face a fine ranging from fifty thousand dalasis (D50,000) to two hundred fifty thousand dalasis (D250,000), or a one-year imprisonment, or both.
The clause further states that it is not a valid defense for an accused person to claim ignorance of the falsity of the information unless it can be proven that reasonable steps were taken to verify the accuracy of the news or information.
However, Hon. Yahya Sanyang, National Assembly Member for LatriKunda Sabiji, proposed the deletion of this clause, arguing that it is not in line with democratic principles.
“People can use this against each other, even politically. This particular clause is not progressive at all, so I will, therefore, urge the National Assembly to completely delete this clause from the bill,”he stated.
Despite Hon. Sanyang’s objections, other members opposed his proposal, advocating for the retention of the clause.
In response, the Speaker of the National Assembly, Hon. Fabakary T. Jatta, emphasized the importance of preventing the spread of false information, regardless of who is responsible or their political affiliation.
Following a heated debate, the Assembly ultimately decided to maintain the clause.
The bill aims to modernize the country’s criminal justice legislation by removing outdated provisions, including those that hinder freedom of expression, such as criminal defamation and sedition.