7 April, 2008

Abu -Bakarr S. Tarawally

Press Freedom and the Litigation of Libel Laws

There is an ongoing battle in Sierra Leone for the litigation of the criminal libel laws of 1965 Public Order Act in the Constitution. For a very long time politicians have been using this section of the law that is viewed by many as repressive and being used to silence the press.

The 1965 Public Order Act has fallen on desperate criticism in recent times. Many Sierra Leoneans hold the view that the country should move forward to develop a healthy nation by encouraging a freedom of speech and expression.

The 1965 Public Order Act contradicted this right that many public views have considered it a draconian lawsuit.

The Sierra Leone Association of Journalists (SLAJ) Secretary General, Ibrahim Karim Sei said in a radio interview recently that, SLAJ is strongly pushing advocacy for the judiciary to litigate criminal libel from the law books. He said it is not the work of the journalist to replace a removed law from the books but being the society’s watch dogs, the journalists deem it fit to advocate for the removal of bad laws from the law books. Mr. Sei noted that, freedom of the press and freedom of expression is vital components in forming the nitty-gritty of democratic societies.

As it is enshrined in the 1991 Constitution of Sierra Leone, Ssection 25(1) states that: Except with his own consent, no person shall be hindered in the enjoying of his freedom, and for the purpose of this section the said freedom includes the freedom to hold opinions and receive and impart ideas and information without interference, freedom with correspondence, freedom to own, establish and operate any medium for the dissemination of information, ideas and opinions, and academic freedom in institutions of learning.

This Provisional Act is defiant with section 28, 31 and 35 of the Public Order Act of 1965.

Journalists as well as the academics have suffered a lot from this antiquated legislation for merely expressing their opinions on state issues.

Journalists hold the view that the 1965 Public Order Act itself with special reference to part five is vilifying the rights of journalists and the free activism of the civil society.

This restriction is despotic and deters the freedom of the media in so far information dissemination is concerned.

Many Sierra Leonean Journalists are complaining the inaccessibility of accurate information due that many authorities and public officials do blatantly refuse to speak to the press, thereby attributing low media prudence in Sierra Leone.

The Information and Communication Minister, Alhaji Ibrahim Ben Kargbo has been on the forefront to fight the litigation battle of the libel laws.

The former SLAJ president, now Minister, said his government will now actualize his long-standing dream of making a Free State media. He cited that a free bad press is better than a subservient one quoting Nelson Mandela former South African President.

 A lawsuit has been filed by SLAJ in March to challenge the matter in the court of law.

Minister I.B Kargbo hinted hard in his emphasis to state the relationship between freedom of expression and acceptable democratic practice as being interrelated and said freedom of the press is an organic necessity for the proper functioning of a democratic process.

SLAJ is strongly saying that freedom of expression is a right owned by every citizen, and must not be criminalized unjustifiably.

One civil servant warned that, while the right to freedom of expression is deeming rife it is expedient for journalists to hold the good tenets of the noble profession.

The fact that journalists are highly regarded in the governance system placed them with equal importance in the modern system of democratic governance. Article 19(1) (a) of the Constitution reinstates that the media is a 4th estate party in governance. In this regard, the press is regarded as a mouthpiece for the governed, through which their feelings, opinions, and comments about the performance of their leaders are reflected, but it is sad to note that, this same media which is detailed to chronicle issues, educate, entertain and inform the society is well engaged in negative reportage.

The objectivity and accuracy of events and news reportage is realized being marred with impunity. The public that once rely on the media to understand what is happening around the environment is now damning its credibility.

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