SLAJ & MRCG Present Position Paper on the Cybercrime Act 2020

By Amin Kef Sesay

The Sierra Leone Association of Journalists (SLAJ) President, Ahmed Sahid Nasralla, on Tuesday 13 April 2021 presented to the Ministry of Information and Communications (MIC) the media’s official position on the Cybercrime Bill 2020.

Nasralla noted that the presentation is done in the same spirit of dialogue, cooperation, collaboration and sincere exchanges that characterized the media’s relationship with the MIC during the repeal of the Criminal Libel Law and the passing of the IMC Bill 2020 into law.

He described the cybercrime bill as highly technical and therefore needs expert perspectives from professionals in human rights, media, cyber security, ICT, and the law, to name but a few.

“Our concern is mainly on provisions in the bill that have the potential to interfere with free speech, free media and privacy rights,” says Nasralla, and called on the Parliament of Sierra Leone to ensure these fundamental rights are always protected.

The media’s position  was informed through consultative meetings led by SLAJ and the MRCG of all media groups in the country as follows: IMC, RAIC, IRN, GoNE, SLRU, WIMSAL, SWASAL, SLCRA, PPG, SLBC, Mass Communications Dept. FBC- USL, VEJU and photographers Union.

It could be recalled that on the 29th March 2021, the MRCG and SLAJ held a consultative meeting by bringing together key media stakeholders in Sierra Leone to discuss provisions of the Cybercrime Bill 2020.

This follows Parliament’s directive to the Ministry of Information and Communications to have further engagements on the cybercrime bill that was being debated. The Bill seeks “to provide for the prevention of the abusive use of computer systems; to provide for the timely and effective collection of electronic evidence for the purpose of investigation and prosecution of cybercrime; to provide for the protection of Critical National Information Infrastructure; to provide for facilitation of international cooperation in dealing with cybercrime matters and to provide for other related matters.”

The consultative meeting sought the views and opinions of the stakeholders on the Cybercrime Bill 2020 and focused on issues relating to free speech, journalism and press freedom in Sierra Leone.

Following the deliberations and consultations, including presentations from lawyers who argued for and against certain provisions of the bill, the media stakeholders resolved that they were not averse to the enactment of the legislation consistent with international obligations that seek to enhance protection, security and responsible use of cyberspace, but were concerned about the certain provisions of the Bill saying the title of the bill should be rephrased as Cybersecurity Bill, 2020 as opposed to Cybercrime Bill, 2020.

It was decided that any section that may criminalize freedom of expression and of the press and the work of journalists and researchers should be decriminalized and made civil including Section 35.

Also, the bill should include safeguards that protect journalists (especially investigative journalists) with regard their data, identity and confidential sources.

A Data Protection law should be enacted to accompany the Bill.  Protection of sources of information should be guaranteed in the Bill.

A Fact-checking mechanism or team should be setup comprising SLAJ members.

The National Cybersecurity Advisory Council should include SLAJ, RAIC, IMC, civil society members and relevant experts.

Clarifications should be made on the Data storage infrastructure and Section 10 of the Bill which deals with ‘interception of content data.’

The sections in the bill that vested powers in the Minister to make regulation, determine fines and punishment for defaulters should be expunged.

All terms and expressions in the Bill should be clearly defined and spelled out. There should be safeguards to ensure that one cyber investigation does not lead to another unrelated investigation.

The Bill should be consistent with similar existing laws like the Rights to Access Information Law, Independent Media Commission Act 2020 and the Public Order Amendment Act 2020.

SLAJ and MRCG urged the Ministry of Information and Communication to look into the valid points highlighted in this position paper and act accordingly.

According to what this medium learnt , SLAJ and MRCG believe that all the points raised, if acted upon, will promote good governance and guarantee freedom of expression.