[Chapter-delegates] Disturbing trends in The Gambia with regards to Internet Freedom

[GABRIEL LATJOR NDOW]

Greetings,

A couple of months ago, the regulator, PURA, and the ministry of communications, MOICI, released press statements effectively banning the use of VOIP services in cyber cafes claiming that it has resulted in massive financial loses for the incumbent operator, GAMTEL, though no evidence was provided to substantiate their claim. 

Included in the same Press Release was the banning of internet 'dating services' offered (as it turns out by at least one) by  cyber cafe.
 
A couple of days ago, the government presented an amendment to the Information and Communications Act, 2009, which was lauded as one of the most progressive and far reaching legal instruments in Africa by regional actors.  The Amendment according to the Minister of Information and Communication, Mr. Nana Grey-Johnson, seeks to "provide a deterrent punishment of persons engaged in 'treacherous campaigns' against The Gambia both internally and externally'!  (http://observer.gm/africa/gambia/article/bill-that-seeks-to-deter-treacherous-campaigns-against-gambia-gets-assemblys-blessings )

Yesterday, Reporters without Borders (www.rsf.org) made the following statements pertaining to this new development:

Under the amended law, “spreading of false news against the government or public officials” is punishable by up to 15 years in prison or a fine of 3 million dalasis (64,000 euros). Its main target is Gambians who make fun of government officials online.

 ISOC Gambia is still in its infancy (one year fully operational) and while we have made tremendous progress in inserting our voice on the local landscape, many of the members are nervous discussing or addressing this issue of Internet Freedom, Human Rights, Online Content, etc... though they are the major internet issues in this country that needs to be addressed as they impact on many other areas of internet development in the country. So, as Chapter a leader who spent 20 years of his life in the U.S. before returning home 7 years ago and guiding the process to become an ISOC Chapter, I am seeking guidance from the ISOC family on 'best practices' in tackling scenarios as the one in my beloved country.  Note the there are no strong civil society voices/orgs operating in The Gambia as many have been silenced, forced into exile or operate underground for fear of persecution.

Below are the Press Release from RSF and one of the national papers on the issue.

Thanks, 
Gabriel Latjor Ndow (Chair)
ISOC Gambia 

Press Release

5 july 2013

THE GAMBIA

Internet users targeted by changes to information law
http://en.rsf.org/gambia-internet-users-targeted-by-changes-05-07-2013,44899.html
 
Reporters Without Borders is very disturbed by amendments to the 2009 Information and Communications Act – the main law limiting freedom of information in Gambia – which the National Assembly passed on 3 July.
 
Under the amended law, “spreading of false news against the government or public officials” is punishable by up to 15 years in prison or a fine of 3 million dalasis (64,000 euros). Its main target is Gambians who make fun of government officials online.
 
“The amendments to the Information and Communications Act that the Gambian parliament has just adopted aggravate what is already one of Africa’s most repressive laws,” Reporters Without Borders said.
 
“The authorities are using these amendments to target news providers and crack down on the Internet, one of the last spaces for freedom of information in Gambia.  We call for their immediate withdrawal and a complete overhaul of the law, which already gags the media in the name of state security.”
 
The amendments were proposed by information and communication minister Nana Grey-Johnson, who said their aim was the “deterrent punishment” of persons who engage in “treacherous campaigns” at home and abroad and incite “unpatriotic behaviour.”
 
President Yahya Jammeh is on the May 2013 Reporters Without Borders list of “Predators of Press Freedom” (http://en.rsf.org/predator-yahya-jammeh,44529.html) while Gambia is ranked 152nd out of 179 countries in the 2013 Reporters Without Borders press freedom index (http://en.rsf.org/press-freedom-index-2013,1054.html).





From the Daily Observer 
Friday, July 05, 2013
http://observer.gm/africa/gambia/article/bill-that-seeks-to-deter-treacherous-campaigns-against-gambia-gets-assemblys-blessings


A Bill that seeks to provide for the deterrent punishment of persons who are engaged in ‘treacherous campaigns’ against The Gambia both internally and externally on Wednesday got approval at the country’s Legislature, with members describing it as important for the nation.

Presented before lawmakers by the Information and Communication and Infrastructure minister, the Bill that is named “Information and Communications Amendment Act” includes internet-related under Section 173A.

It stated that; “A person commits an offence if he or she uses the internet to – spread false news against the government or public officials; incite dissatisfaction or instigate violence against the government or public officials; impersonate any public official; blackmail any person; or threaten to commit a criminal offence against any person.”

It further stated that a person who commits an offence under sub-section (1) is liable on conviction to a fine of three million dalasis or imprisonment to 15 years or to both the fine and imprisonment. It further stressed that this section shall apply to all persons without regard to the place from which the offence was committed.

Information minister, Nana-Grey Johnson told deputies that in the recent past, some citizens of The Gambia have waged concerted efforts to pit the people and the nation’s security officials against their government. He stressed that they do this by inciting the people to engage in unpatriotic behaviour, spreading false news and engaging in criminal defamation against government officials.

The Information minister warned that such tendencies, if unchecked, are a recipe for chaos and instability in any country. “Therefore, this bill seeks to provide for the deterrent punishment of such persons who are engaged in such treacherous campaigns against The Gambia both internally and outside The Gambia,” he concluded. 

A nominated member, Hon. Seedy Njie, who seconded the bill, described it as timely and very important.  The Majority leader and member for Serrekunda East, Hon. Fabakary Tombong Jatta, also commented on the bill.
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