The proposed Regulations are intended to establish a clear, transparent, and proportionate framework for the regulation of broadcasting and specific categories of online content services within The Gambia. They do not introduce a general system of control over individual expression, nor do they impose blanket regulation on all forms of online activity. Rather, the framework applies only to defined and regulated categories, including licensed broadcasters and designated online content providers exercising editorial control over news, current affairs, or factual programming, as well as limited categories of online actors meeting clearly defined criteria under the Regulations.
The Ministry notes that some statements have characterised the framework as introducing a system of licensing or accreditation of journalists and broad control over social media users. This characterisation does not reflect the provisions of the Services between safeguarding freedom of expression and ensuring that such freedom is exercised responsibly within a democratic society.
The regulatory approach adopted is technology-neutral and function-based, ensuring that obligations are determined by the nature of the service, the level of editorial control exercised, and the scale and public impact of the activity. This ensures that regulation remains targeted and proportionate, rather than broad or indiscriminate. The Ministry remains fully committed to open, inclusive, and constructive stakeholder engagement. The ongoing validation process provides an opportunity to clarify the framework, address legitimate concerns, and ensure that the final instruments are balanced, practical, and aligned with national and constitutional principles. Stakeholders are encouraged to engage constructively in this process.
The Government of The Gambia remains committed to safeguarding freedom of expression, promoting a professional, independent, and responsible media sector, and ensuring a pluralistic and credible information ecosystem across both traditional and digital platforms. The public is encouraged to rely on the actual text of the Regulations and Guidelines and to participate constructively in the ongoing process.
