Part I: Summary of Recent Events and Parties Impacting
the Media in Sierra Leone
The Independent Media Bill, No. 99, of 1999
On September 17, The Independent Media Commission Bill, No. 99 of 1999, was
submitted to Parliament by the Ministry of Information, after being drafted by
the Ministry of Justice. If passed, the Bill will seriously restrict freedom of
expression in a country that faces major challenges at building peace,
especially in the area of informing citizens about the peace process and the
future of the nation. The legislation reveals the Kabbah government's
fundamental disregard for the vital role that a free press plays in safeguarding
democracy, and is indicative of its continued reliance on censorship to restrict
the plurality of voices in civil society. That the RUF and the AFRC, both
groups extreme violators of press freedom and free expression of the citizenry,
have joined the government, only underscores the importance of immediate action
on this issue. The current media crisis can only weaken civilian rule as Sierra
Leone enters the post-Lomé Peace Accord period of reconstruction, peace, and
democracy.
The Independent Media Bill would create an Independent Media Commission,
comprised of members to be appointed by the President. The Commission would be
empowered to suspend or revoke newspaper licenses and to fine journalists who do
not "prove" the truth of their stories to its satisfaction. Journalists could
be imprisoned for inability to pay financial penalties, and the Commission's
decisions could not be appealed in a court of law. Rather than allowing the
public to make their own decisions on the veracity of reportage, or allowing the
courts to decide whether a report showed intentional malice, this bill grants
the commission the authority to penalize dissenting voices in a forum outside of
the judicial system.
This bill would be invoked in addition to the existing restrictive Public Order
Act of 1965, which criminalizes libel, defamation, and "false reports." The
planned increase in registration fees for newspapers, and the almost 300%
increase in the "media tax," are prohibitive and would force numerous newspapers
to cease publication. The legislation would also provide a destructive tool
against constitutional rule and the freedom of expression of all citizens,
should an unscrupulous government come to power in the future.
Journalistic professionalism, achievable through training and education, is a
necessary goal in Sierra Leone, and imperative for conflict resolution and
democracy-building. However, this goal cannot be achieved through the punitive
means provided in the Independent Media Commission Bill. And, as long as
alternative constructive options remain unexplored, the true intent of this
legislation appears not to be the promotion of professional journalism, but
rather, the control of critical reports and opinions. The Kabbah government has
yet to explore alternatives to countering opinions or reports with which it
disagrees. It ought to strengthen the media in Sierra Leone, instead of
silencing it if it wishes to build a lasting peace.
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