GAMBIA: Justice Minister Threatens Journalists, Activists With Court Action

The false publication law is broad and can also be applied to ordinary citizens.

By Modou S. Joof

Gambia’s Justice Minister, Abubacarr Marie Tambadou, has threatened to use the false publication law, which is regarded “draconian” and meant to kill press freedom and freedom of expression.

“…the publication of false news is still a criminal offence in this country as upheld recently by the Supreme Court and we will not hesitate to apply the law,” Tambadou, who is also the Attorney General said in a statement on Tuesday.

His threat appears to undermine the Adama Barrow-led government’s boasts about so-called gains in promoting press freedom and freedom of expression.

In the wake of several allegations of corruption against the regime as reported in local media and discussed on social media, observers believe the threat is directed at journalists, activists and internet users.

While Tambadou’s threat is not directed at any specific group of people, the law was used by the former regime to jail several journalists and forced others into exile following years of judicial harassment and persecution.

The false publication law is broad and can also be applied to ordinary citizens.

Prominent journalists who suffered under the false publication law include Abdul Hamid Adiamoh, editor of Today newspaper; Musa Sheriff, editor of The Voice newspaper; and Sainey M.K. Marenah, a freelance journalist at the time.

“The minister’s comments are deeply worrying and reminiscent of the dark days under former president Yahya Jammeh,” FPI editor and internet freedom researcher, Demba Kandeh, said on Wednesday.

“And as government’s top law enforcement official, he should not waste time issuing veiled threats against activists, journalists and ordinary citizens.”

On May 9, 2018, The Gambia’s Supreme Court upheld “sedition” and

“false publication” laws as constitutional – the same laws activists said are draconian and specifically meant to stifle dissent, press freedom and freedom of expression.

That judgement has been criticised.

However, in the wake of rising allegations of corruption against the Barrow government, Tambadou said people will be held to account for “committing crimes” while expressing themselves.

“I therefore encourage everyone to exercise and enjoy their right to freedom of expression without committing a crime because if they do, they will be held accountable,” he said on October 9.

“We must not push the boundaries of our new found freedoms to irresponsible or unacceptable limits, because when we do, we hurt others and their families in the process. The law is here to protect everyone including the accuser and the accused.”

Kandeh said that the minister of justice, as a human rights lawyer, should focus more on repealing and replacing draconian media laws.

“As attorney general in an emerging democracy, he should pave the way for the enacting of laws that will protect fundamental freedoms in a democratic society,” he told FPI.

Human rights activist, Madi Jobarteh, said Tambadou must protect civil liberties and not damage them.

He said while Gambia’s Supreme Court had ruled that the law on false news is constitutional, the ECOWAS Community Court to which The Gambia is a party, had ruled that the same law “violate citizens’ right to freedom of expression.”

“I totally disagree with the Supreme Court that false news is constitutional. It is not,” he said.

What is false publication?

Usually shortened as “False publication”, the “Dissemination of false information and broadcasting” law carries stiff penalties under Section 181A of the country’s Criminal Code.

It states that the “negligent dissemination of false news or information” is punishable by a minimum of one year imprisonment and/or a fine between 50,000 and 250,000 dalasi (between US$1000 and $5000).

Under this law, anyone who “wilfully, negligently or recklessly, or having no reason to believe it is true, …publish or broadcast any information or news which is false…”, commits an offence.

Lack of knowledge that the information was false is not a defence, unless it is proven that adequate measures were taken to verify the accuracy of the information.

In 2012, ARTICLE 19, in its analysis of selected Gambian media laws, concluded that “the laws governing the Gambian media… are fundamentally flawed and incompatible with The Gambia’s obligations under international and regional standards on freedom of expression.”

President Barrow hands cash to a local cultural performer upon his return to Banjul following the end of the political standoff.

Controversies and corruption allegations

The minister’s comments are gingered by recent public disapproval of some of the actions of the government tied to allegations of corruption and what others describe as wasteful public spending.

Tambadou said the tendency is that once an allegation is made against someone, many people rush to judgment and condemn them even when there is no evidence to support the allegation.

“We cannot accuse, try, and condemn people all in one scoop. It amounts to mob justice,” he told a press briefing on the country’s transitional justice programme.

“Everyone is entitled to the presumption of innocence until they are found otherwise by law.”

He said his comments are not intended to address any specific events as there has been too many such events in the country recently.

The Barrow government has been engulfed in several controversies and has come under stern criticisms since its rise to power last year.

Allegations of corruption began to trickle in, in March 2017 when Barrow reportedly accepted gifts (two luxurious properties) worth 240 million CFA from a Senegalese businessman, Mar Thiam, the CEO of Getran.

Seven months later, the president received and handed over 57 pickup trucks, donated according to his government by an “anonymous philanthropist”, to the National Assembly.

In August 2018, media reports revealed “leaked transactions” of a deposit of nearly US$1 million into the accounts of the Fatoumata Bah Barrow Foundation, FABB.

TBEA Co., Ltd, a Chinese manufacturer of power transformers and a developer of transmission projects, was reported to have been behind the cash transfer.

According to the Fatu Network, The Gambia Government was on the verge of giving the transmission and distribution project of the country to TBEA, the company that transferred the cash in December 2017.

The same month the president vowed to fight corruption in the public service – making a pronouncement against the act for the first time in 12 months since assuming power.

That saga, recently gingered a young activist to start a social media campaign under the hashtag #Kodolay (where is the money?), the setting up of a Facebook page “The 35 Million [Dalasi] Question” and a short protest song by a local rapper.

In yet another controversy, in October 2018, a national assembly member who said he felt “so dishonoured and disgraced” accused Barrow of bribery as some lawmakers received D10, 000 (a little over US$200) each as “support to members facing transportation difficulties.”

“The diverting of funds, bribery and corruption in public office are illegal and disgraceful practices that breed mistrust and negative consequences for which I would have no tolerance for,” Barrow, who once threatened to use sedition law against journalist, said in December 2017.

Despite numerous allegations of corruption in government, the Office of the Public Prosecutor has yet to charge anyone.