The proposed legislation, as it stands, harbours clauses that could potentially muzzle the media, impede human rights activism, and curtail the populace's right to dissent.
Sections 4, 6(1)(a), 16, 17(6), and 18(2) of the Cybercrime Bill have drawn scrutiny for their ambiguity and overreach. The offense of 'false news or information,' as delineated in Section 6(1)(a), lacks precision and echoes past legal battles where similar provisions were deemed unconstitutional. Subsections (b) and (c) pertaining to 'inciting violence' and 'bullying' respectively, suffer from similar vagueness, posing a grave risk of misapplication and abuse against journalists and activists.
Mr President, furthermore, provisions allowing for search and seizure without prior notification (Sections 16, 17(6), and 18(2)) raise serious concerns about due process and the potential for excessive use of force. Such measures could undermine the very fabric of democracy by stifling dissent and eroding trust in the judicial process.
Mr President, The Gambia's international obligations under treaties and conventions further underscore the need for a thorough review of the Cybercrime Bill. Articles 19 of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Banjul Charter emphasise the right to freedom of expression, imposing limitations only when necessary and proportionate.
In light of these pressing issues, the Gambia Press Union, our umbrella body, has urged the National Assembly to reconsider the contentious provisions of the Cybercrime Bill. Public consultations involving diverse stakeholders, including human rights commissions, legal associations, and civil society organisations, are imperative to ensure that the legislation aligns with constitutional guarantees and international standards.
Mr President, as guardians of democracy and champions of freedom of expression, The Point newspaper stands ready to contribute constructively to this discourse. It is our fervent hope that the National Assembly will heed our recommendations and uphold the principles of democracy and human rights in shaping the future of cyber legislation in The Gambia.
Good day!