By Amin Kef Sesay
The death of Part V of the obnoxious 1965 Public Act took place in Parliament on the 23rd July 2020 to the delight of media practitioners right across the country especially those who fell victim to the evil manipulations of unscrupulous politicians who used the Act to have journalists incarcerated under unsatisfactory conditions.
Though the death occurred, however, the funeral did not take place immediately as legal procedures have to be followed before the burial takes place for onward journey into the lake of fire. In other words, although Members of Parliament voted overwhelmingly to ensure that the Libel Law was expunged from our law books it is only when His Excellency President Julius Maada Bio appends his signature to the Bill that the process would finally be completed. In other words, the President has to give his Assent for the criminal libel law to be expunged and replaced by the new IMC Act of 2020.
This was exactly what transpired at State House on Wednesday 28 October 2020 where the President slammed the ‘steel nail’ with a sledge hammer on the coffin of Part V of the 1965 Public Order Act which criminalizes libel.
His Excellency President Dr. Julius Maada Bio publicly signed the amended law, effectively repealing the 55-year-old seditious libel section of the Public Order Act 1965 that criminalized free speech and stifled journalism.
“I have always argued that the repeal will unshackle free speech, expand democratic spaces and consolidate our democracy. It will open up the space for the growth of the media industry in the country. Professionalism will be enhanced and the best and brightest and more women, especially, will be encouraged to work their trade,” he said.
The President mentioned recently meeting the leadership of the Independent Media Commission, which regulates the media and the Ministry of Information and Communications to discuss possible support to 130 registered newspapers, 165 registered radio stations, and 42 registered television stations to thrive and evolve in a country with an enviable history of pioneering journalism in West Africa.
“In its Global Expression Report 2019-2020 -The state of freedom of expression around the world, Sierra Leone has been ranked by the global organization, Article 19, among the top five countries in Africa for facilitating and supporting freedom of expression. It is acclamation well-deserved and a moment of inspiration to aspire to do more. And that is why we are here,” he noted.
President Bio said for more than half a century, the country had a legislative and governance regime that criminalized journalism, adding that successive Governments had failed to abolish the law that threatened civil liberties and had abused it over the course of half a century.
“But the criminal and seditious libel law was simply a bad law. The law presumed that persons arrested were guilty even before they were tried. Truth could not be a strong defense or any defense at all. With the application of the law, everybody involved in the production and dissemination of the alleged libelous publication or broadcast could be liable for summary prosecution and imprisonment.
“Enforcing criminal libel laws contravenes international democratic governance practices. It contravenes international human rights treaties, to which Sierra Leone is a signatory, including Article 19 of the Universal Declaration of Human Rights, and Article 19(3) of the International Convention on Civil and Political Rights. All of those international commitments condemn limitations to the right to free expression,” he said.
Mohamed Rahman Swaray, Minister of Information and Communication, said history was made on Tuesday 23rd July when the distinguished Members of Parliament, in an exemplary demonstration of patriotism repealed Part V of the Public Order Act that once criminalized libel and sedition, noting that the Criminal Libel Law being expunged will continue to expand Sierra Leone and the media landscape.
“Decades-long thirst for good governance and accountability and freedom by the media and by extension the citizens were accomplished by a quest for action by the President. I salute the Parliamentarians on both sides of the aisle who jumped on the movement of the president for taking the bold step to repeal this old and obnoxious law. I, therefore, implore media owners, publishers, and practitioners to guard against the unfortunate invasion of their profession by imposters,” he noted.
A representative from Civil Society, Lawyer Emmanuel Saffa Abdulai, expressed excitement at the feat and hope for the future of journalism adding that the day should be set aside and commemorated every year as a national day of Press Freedom.
Ahmed Sahid Nasralla, President of Sierra Leone Association of Journalists (SLAJ), thanked the President for mustering the courage of a soldier to expunge the law that hindered the growth of journalism in the country. He added that the occasion was the end of a long journey in terms of legislative reforms but the beginning of a long journey for professional journalism and democratic good governance.
The British High Commissioner, Simon Mustard, said Sierra Leone had taken a significant step forward in enhancing Human Rights with the repeal of the law and the enactment of the Independent Media Commission Act 2020. He emphasized that the day should be celebrated for media freedom and by all Sierra Leoneans.
“His Excellency, President Bio made a manifesto pledge to repeal the criminal libel law in 2018, as he set out his vision to promote Sierra Leone on the global stage, as a country open for business and investment. Experience from around the world shows that an independent media encourages greater investment, from home and overseas, as it gives investors access to accurate data and information. It also allows greater participation by the people in political and economic debate, which can inform and influence policymaking,” he said.
He further stated that they had continued to support media freedom around the world, including in Sierra Leone and in recent years worked in close partnership with Government, Parliament and the Media. He assured that they would continue their partnership to help promote a liberal, forward-looking media system that was underpinned and safeguarded by effective regulation.
After the official programme, journalists from both the Print and Electronic media as well as some Civil Society Activists, interviewed, expressed profound satisfaction that the Criminal Libel Law which used to hang like the Sword of Damocles over the head of journalists was going to be sent into the lake of fire for eternity.
All unanimously agreed that it is a victory for Press Freedom, Freedom of Expression and Democracy but were cautious in admonishing media practitioners to practice the journalism trade with professionalism and refrain from gutter journalism.
