Fatou Jagne Senghore broke her silence over the indictment of The Voice newspaper and detention of journalist Momodou Justice Darbo and editor Musa Sheriff over an article on the succession plans of President Barrow and his NPP party, describing it “as absurd and abusive.”
“It is problematic for a Head of State to sue a media house and its journalists for covering public interest matters of this importance,” Mrs Jagne Senghore said in a statement released on her social media handles on Saturday evening. “The case is flawed on many grounds,” the respected international human rights lawyer said.
She said criminal defamation and false news provisions violate the rights to freedom of expression, arguing that the use of criminal defamation laws to prosecute journalists is not in line with The Gambia's international commitments, and has no place in a democratic society.
“President Barrow and his Government made a solemn commitment to reform the Jammeh era's expression related laws and particularly to decriminalise defamation. The ECOWAS Court of Justice on Cases involving the Gambia has reiterated that criminal defamation laws do not comply with regional treaties and thereby urged the Gambia to remove such provisions in its statute books.”
“In another landmark decision against Burkina Faso,” she went on, “the community court of the African commission on human and people’s rights has decided that criminal defamation violates the African Charter of Human and Peoples' Rights.”
The unfulfilled promises of media law reforms
Since 2017, the Gambia has embarked on a transition from autocratic regime to a democracy. For two decades, the previous regime negated freedom of expression, used the security apparatus and the courts to legitimise repression -which was the order of the day- denied Gambians of vital information. Journalists were frequently arrested, intimidated and prosecuted on frivolous accusations.
When President Barrow was elected, his Government promised to overhaul anti media and free expression laws. Despite significant preparatory work done by civil society and technical assistance of international experts, these laws remain and continue to be used.
“The reform agenda seems stale and deprioritised,” Madam Jagne charged.
Overboard use of defamation to stifle expression
According to the expert, defamation laws serve specific purpose: protection of reputation, and should not be used to stifle expression and public debate.
“Public officials including the President are expected to be more tolerant and open to scrutiny and should not use their powers and public resources, particularly the courts to prosecute journalists,” she argued.
On the case of the arrest and detention of the journalists, she said false news charges were invoked by the police with the initial accusations of defamation.
“There is a need for all stakeholders to remobilise and ensure that the democratic gains are not reversed and the unfinished reforms are finalised to avoid uncertainties for journalists and political dissidents,” she said.
“I urge the President to drop this case and prioritise the reforms, instruct the relevant ministries to finalise the process to decriminalise defamation which will be important for his legacy and the future of the Gambia,” Fatou concluded.
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