Gambia’s Press Freedom Under Scrutiny: Journalists Charged with "False News" Amidst Calls for Legal Reform
Abuja, October 2, 2024 – The Gambian government finds itself embroiled in a press freedom controversy following the arrest and charging of two journalists, Musa Sekou Sheriff and Momodou Justice Darboe, editors of The Voice newspaper. The charges stem from an article published by the newspaper alleging President Adama Barrow’s involvement in an exit plan and the selection of a successor for the 2026 presidential election. The Committee to Protect Journalists (CPJ) has condemned the arrests, urging Gambian authorities to drop all charges and repeal the "false news" law under which the journalists are being prosecuted. This incident casts a shadow over President Barrow’s recent pronouncements at the UN General Assembly praising Gambia’s press freedom record, highlighting a stark contrast between rhetoric and reality.
The arrests of Sheriff and Darboe unfolded over several days, beginning with a summons to police headquarters in Banjul on September 26. The summons followed a letter from President Barrow’s lawyer threatening a civil defamation lawsuit against the newspaper. The letter, reviewed by CPJ, demanded an apology and retraction of the article concerning the president’s alleged succession plans. Upon their arrival at the police station, both editors were detained. While Darboe was released on bail on September 28, Sheriff faced a second detention on September 30 before being released on a higher bail amount. The charges against both journalists carry a potential penalty of up to a year in prison and a substantial fine.
The CPJ has vehemently criticized the charges, emphasizing the chilling effect such actions can have on press freedom. Angela Quintal, CPJ’s Africa Program head, expressed outrage at the timing of the arrests, coinciding with President Barrow’s declarations on press freedom at the UN. Quintal called for the immediate dismissal of the charges and the repeal of Gambia’s "false news" law, arguing that it effectively criminalizes journalism, reminiscent of the oppressive tactics employed during the regime of former dictator Yahya Jammeh. The incident underscores a concerning trend of governments using "false news" legislation to stifle critical reporting and suppress dissenting voices.
The CPJ’s call for the repeal of the "false news" law aligns with recommendations from Gambia’s Truth, Reconciliation and Reparations Commission (TRRC), established to investigate human rights abuses committed during Jammeh’s rule. The TRRC highlighted the detrimental impact of such laws on freedom of expression and recommended their removal to promote a more open and democratic media landscape. Furthermore, the arrests contravene a landmark judgment by the ECOWAS Court, the regional court of the Economic Community of West African States, which has ruled against the criminalization of speech. This judgment sets a precedent for protecting press freedom within the region and emphasizes the importance of decriminalizing defamation.
This incident highlights the challenges faced by journalists in Gambia as they navigate the complex political landscape and attempt to hold those in power accountable. The arrests of Sheriff and Darboe serve as a reminder of the fragility of press freedom and the ongoing struggle to ensure that journalists can report without fear of reprisal. The case also raises concerns about the government’s commitment to upholding the principles of free expression and respecting the role of the media in a democratic society. The government’s response to this controversy will be a crucial test of its commitment to genuine press freedom.
As the legal proceedings against Sheriff and Darboe unfold, the international community will be watching closely. The outcome of this case will have significant implications for the future of press freedom in Gambia and could set a precedent for other countries in the region. The Gambian government faces a choice: uphold the principles of a free press or revert to the repressive tactics of the past. The international community, including organizations like the CPJ, will continue to advocate for the release of the journalists and the repeal of the "false news" law, ensuring that Gambia lives up to its promises of democratic reform and respects the fundamental right to freedom of expression.