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

Fri Jul 5 20:10:00 PDT 2013

Dear Latjor,

the case you present happening in Gambia with new laws is alarming. As many of us as can, should find ways to support you. I will share one view but there surely are many, better, others.

The law you describe is not Internet-specific enough and that is part of the problem you face. It is a law about speech and conduct and I think it should be confronted as such.

In this sense, it is very likely that ISOC Gambia cannot do much alone, while on the other hand there must be national and more international organizations that are deeply concerned and mounting a response. That response is fully on the plane of free speech and support for a free press, with a reaction to a definition of crimes and misdemeanors which is too vague and broad, and open for misuse almost surely by design.

Those organizations should take the lead, mark the tone, and assess the risks.

ISOC's role may be better defined if it focuses on the Internet aspects of these laws - how they extend to online forms of expression like blogs, social-media sites, etc. but mostly if there is a difference between online and traditional media.

A key, and very inspiring, reference for this discussion will surely be the statements made over the last couple of years by the special rapporteurs for free speech of the UN and other international organizations, Frank La Rue, Carolina Botero, and others (they are known under the blanket name of Frank La Rue). Do you have access to them?

The main point there is that the Internet should not be restricted to any less rights than are available offline, nor should restrictions to the use of the Internet be established that restrict, in turn, previously existing offline rights. Frank adds some very clear conditions for restrictions on speech: they must be exceptional, mandated by law, and transparent.

I think that you will also find very useful the Camden Principles of the organization Article 19.

My view is that keeping focussed on the Internet aspects of the problem makes you more effective and causes less flanks open, less risks to your credibility, easier to attract support, despite a possible initial reaction by the rights and press organizations that you are being weak, not risking enough, etc.

All of this I think is a bit beyond the core ISOC mandate but of course you can't extricate yourself totally from this evil; still, the best strategy for you may be to provide support through information and thought leadership, based on contributions like the above and the many better ones I hope will follow from other ISOC chapters.

Hope this makes sense; don't take it as advice but do as thoughts that have been useful for some, in some specific contexts, and may help you analysis in The Gambia. I for one wish you a good resulta and offer to continue support.

Yours,

Alejandro Pisanty

- - - - - - - - - - - - - - - - - - - - - - - - - - -
     Dr. Alejandro Pisanty
Facultad de Química UNAM
Av. Universidad 3000, 04510 Mexico DF Mexico

+52-1-5541444475 FROM ABROAD

+525541444475 DESDE MÉXICO SMS +525541444475
Blog: http://pisanty.blogspot.com
LinkedIn: http://www.linkedin.com/in/pisanty
Unete al grupo UNAM en LinkedIn, http://www.linkedin.com/e/gis/22285/4A106C0C8614
Twitter: http://twitter.com/apisanty
---->> Unete a ISOC Mexico, http://www.isoc.org
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .

________________________________
Desde: chapter-delegates-bounces at elists.isoc.org [chapter-delegates-bounces at elists.isoc.org] en nombre de GABRIEL LATJOR NDOW [md at gambian.com]
Enviado el: viernes, 05 de julio de 2013 15:39
Hasta: GABRIEL LATJOR NDOW
CC: Chapter Delegates
Asunto: Re: [Chapter-delegates] Disturbing trends in The Gambia with regards to Internet Freedom

Further to my previous posting, one of the other national papers has published the following in response to the new amendment:

 http://thepoint.gm/africa/gambia/article/quest-for-freedom-of-speech

Latjor (I prefer my trad. name)

On Jul 5, 2013, at 8:10 PM, GABRIEL LATJOR NDOW wrote:

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<http://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<http://en.rsf.org/predator-yahya-jammeh%2c44529.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<http://en.rsf.org/press-freedom-index-2013%2c1054.html>).