Every year, 3rd
May is observed as a day to remind governments and other stakeholders of
the need to respect their commitment to press freedom. It is a day for media
workers globally to reflect on issues of press freedom and professional ethics.
The day is also set aside to support media that are oftentimes targets of
violation and abuse.
This year’s World
Press Freedom Day theme “Journalism under digital siege,” spotlights the
multiple ways in which journalism is endangered by surveillance and digitally-mediated
attacks on journalists, and the consequences of all this on public trust in
digital communications. The theme also looks at how big data collection and
Artificial Intelligence (AI) impacts journalism, freedom of expression and
privacy, and offers an opportunity to discuss and deal with digital inspired
surveillance, trolls and privacy violations against journalists and their
sources.
In the context of
the press freedom situation in The Gambia, journalists still operate under the
threat of digital surveillance and digital intrusion due to the existence of an
authoritarian legal and technological framework, put in place by the former
administration, that still allows unchecked government surveillance of
Information Communication Technologies. For example, Article 138 of the
Information Communications Act gives sweeping powers to national security
agencies and investigative authorities to monitor, intercept, and store
communications in unspecified circumstances while also giving the national
utilities regulator, PURA, the authority to “intrude communication for
surveillance purposes,” all without judicial oversight.
The Attorney
General and Minister of Justice, had in 2019, introduced amendments to these
provisions of the ICA, in order to provide judicial oversight for the exercise
of these surveillance powers, but the National Assembly rejected these proposed
amendments, to the dismay of many press freedom and free speech campaigners
including the Gambia Press Union, which had fervently advocated for these
amendments. As a result, unregulated surveillance of citizens, activists, and
independent journalists continued, reaching peak notoriety in 2020, when
human rights activist Madi Jobarteh alleged that he and others were being
targeted by security agencies with surveillance, including of their
communications devices, after he was charged with "false information and
broadcasting” by the Inspector General of Police in accordance with Section
181A (1) of the Gambian criminal code, for statements made in an interview to a
media outlet during a Black Lives Matter demonstration in June 2020.
While the scope
of the government’s current technical surveillance capabilities remains
unknown, it still remains that the government can, when it deems necessary, to
arbitrarily exercise its surveillance powers to stifle freedom of expression
and press freedom. It is thus incumbent that proposed amendments to the ICA,
especially provisions that deal with judicial oversight for the exercise of
surveillance powers, be reintroduced to the newly elected parliament, for
deliberations on its necessity and importance to hopefully facilitate its
amendment.
Further, The
Gambia does not currently have a data protection legislation, despite being a
signatory to the 2010 Economic Community of West African States ('ECOWAS')
Supplementary Act on Personal Data Protection within ECOWAS. This is vital
legislation especially with regards to the protection of reporters,
whistleblowers and dissidents. The ECOWAS Act requires each ECOWAS Member State
to establish a data protection authority that will be responsible for ensuring
that personal data is processed in compliance with the provisions of the ECOWAS
Act. This authority must also establish whistleblowing procedures to provide
safe channels for or other informants to report fraud, corruption or serious
wrongdoings in organizations.
“Journalists,
reporters, whistleblowers and dissidents are sometimes the subjects of abuse,
insults and threats to their personal safety by political and non-political
actors both online and offline, because of their work and activities,” the GPU
Secretary General, Modou S. Joof, said. “It is important that standard
procedures for the protection of their data and identity are established in
law.”
In light of the
passing of the Access to Information Act in 2021, the GPU in line with the
theme of this day, is calling on the government to build the necessary digital
infrastructure within the government to ensure the operationalisation of the
Access to Information Act. A good number of government ministries, departments,
local government authorities, parastatals and other entities continue to lack
working and up-to-date official websites through which vital information about
their work could be sourced, nor do they have official contact details such as
an official email to facilitate the request of information. As such, it is
important that the government puts these digital structures in place to
facilitate the operationalisation of the Act.
The GPU also seeks
to remind the government on this day that the long-awaited reforms of
repressive media laws in The Gambia continue to drag four years on. The
Media Law Review Committee’s final report submitted to the Ministry of
Information and Communications in May 2018 recommended for the review and
amendment of the following legislations:
1.
Information and Communications Act of 2009
2.
Criminal Code of 1933
3.
Indemnity Act of 2001
4.
GRTS Act of 2004
5.
Telegraph Stations Act of 1990
6.
Officials Secrets Act of 1922
7.
Newspaper and Broadcasting Stations Act of 1944
All these laws
are recommended for review because they have problematic and disturbing
provisions that are not in line with international norms, standards and democracy.
Four years on, none of these laws have been successfully amended. A number of
Bills seeking to repeal the laws have been in parliament, gathering dust while
no concrete steps have been taken by the government towards repealing or
amending the rest of the anti-free press laws.
“We wish to
remind the government that it is the responsibility of the state to guarantee
journalists’ safety and combat impunity and enable the media to carry out its
work independently and without interference,” Muhammed S. Bah, President of the
GPU said. “This is in light of recent comments and actions by both public
figures and private citizens (online and offline) targeting members of the
media.”
Finally, in
commemoration of this World Press Freedom Day, we wish to pay tribute to the
fallen heroes of the Gambian media. These are those who sacrificed their
lives and livelihoods for the freedom and development of Gambian media in
particular, and an inclusive and democratic Gambia based on respect for human
rights and dignity.
- Ends
For inquiries,
Contact GPU Secretary General
Tel: +220 348 0043
Email: pressuniongambia@gmail.com
