Concord Times (Freetown)
John Baimba Sesay
22 June 2009
opinion
Freetown — The Sierra Leone Association of Journalists has declared a news blackout on the judiciary; the reason being, the seeming delay but as well, can I say the refusal on the part of the judiciary to give a verdict on a matter taken to court by SLAJ regarding the criminal libel law.
This may be the open options for SLAJ, after journalists have attended court proceedings endlessly without a verdict.
They are sure of making success at the end of the day. At the very start is the fact that, they have stated their concerns and have got public sympathy, and I think the government should come in and see what could be the way forward.
SLAJ is the parent's body of all journalists in the country with Umaru Fofana as its president. It has been advocating all this while for the enactment of a freedom of information law in Sierra Leone, and at the same time, has been pursuing the need FOR OUR GOVERNMENT to repeal certain sections of the Public Order Act of 1965, especially those criminalizing libel.
Criminal libel refers to the prohibition by law on the publishing of materials of a blasphemous, seditious, obscene or defamatory nature. Criminal libel is proscribed in most countries by legislative acts (such as the Defamation Act 1981 in Ireland). Research shows that in the United States of America, seventeen states have criminal libel laws on their books and they include: Colorado, Florida, Idaho, Kansas, Louisiana, Michigan, Minnesota, Montana, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, Utah, Virginia, Washington, and Wisconsin.
Sierra Leone is among those countries with criminal libel laws. Practically, such a law is unacceptable in any given democracy. Efforts should therefore be embarked upon to get this law repealed. Now the campaign to decriminalize libel has been on for a long while; it was a political tool used to campaign during the electioneering period that led to the 2007 elections. IU have often argued that, if a Lawyer cannot be criminally held responsible for not adequately representing his/her client in court, or if a drive is not criminally charged for an accident, or a tailor for not doing my clothing well, why charge a journalist to court for writing wrong things.
The judiciary has a national responsibility to the people of this country. The delay in giving verdict on the current matter may prevent people from having confidence on our judicial system and when that happens, it sends a bad signal. This is my opinion. The judiciary of a country will help to determine the pace at which such a country should move. Sierra Leone is at a cross point in terms of development. The judiciary should be moving along that line.
Many have been jailed under this obnoxious law; and most times, it has been used as a political weapon to silent critical minds in society. Many have suffered under this law, and there should be an end to that. Our achievements in terms of the maintenance of democratic credentials should not be made to lose color like that.
SLAJ, apparently, is aware of the fact that there are 'reckless' journalists, just as there are reckless professionals in some professions. But that should not be used as justification to maintain those sections in the POA which criminalize libel. In my opinion, if the judiciary allows this news blackout to hold for the next couple of days, weeks or months without acting, then it will go a long way in painting that institution in a bad shape, so the Chief Justice should come in now.
As a civilized and democratic nation, Sierra Leone has the moral obligation and duty to ensure, its citizens are allowed complete and unhindered free speech; there are several other ways of seeking redress, but going to court under the criminal libel law; there is the Independent Media Commission which has been performing well in term, of adjudicating between and among citizens. Ex-President Kabbah once took a journalist to the IMC and I learnt that even President Koroma at one point called on the IMC in a matter.
The mere existence of the Public Order Act, especially those sections which criminalize free speech and the right given to people to seek redress in a court of law undermine the very existence and relevance of the Independent Media Commission. Public institutions like the IMC should be allowed to work effectively.
Sierra Leon is now having one of its finest Ministers of Information in the person of IB Kargbo. I used the adjective, 'finest' because, IB Kargbo was and is in fact a journalist with standing years of experience. He started the campaign against the Public Order Act and following his appointment, he made a promise that he was going to take the matter to his colleagues at cabinet level.
It may be somehow difficult for him to succeed in convincing his colleagues at cabinet but given IB's oratory power and his soft spoken manner, I think he should be able to do so. I supposed, not all cabinet Ministers are in favor of the call to repeal certain sections in the POA and I know of one particular one who is always infatuated with matter related issues, but that should not deter IB at all.
The judiciary should save its head from the ongoing ugly development it has caused for itself; the government, through the Minister of Information should play a pivotal role in the current problem by ensuring that a verdict is given on the matter. Charles Margai spoke of the need to petition the government; it is up to SLAJ to think of that. This is my view.
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