Twenty years after the Windhoek Declaration on press freedom

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majority of <strong>the</strong> cases brought by public officials. The <strong>Declaration</strong> of Principles on Freedom of Expression in Africa has called on states to revise <strong>the</strong>ir laws on defamation (principle XII). Even countries with traditions of freedom of expression have witnessed a rise in <strong>the</strong> use of defamation laws to pressure journalists to disclose <strong>the</strong>ir sources and/or to silence <strong>the</strong> press. Senegal and Benin are cases in point. In Senegal, since 2000, <strong>the</strong>re have been an unprecedented number of cases of defamation filed by influential public officials. Recently in Senegal and Ivory Coast, journalists have been sued for stealing administrative documents. Countries in conflicts or post conflicts also abuse national security laws as an alibi to keep <strong>the</strong> press away from reporting on <strong>the</strong> situation in <strong>the</strong> ground and enlightening <strong>the</strong> public. Around Africa, significant numbers of journalists have been jailed under such criminalising legislation, and only very few of <strong>the</strong>m have had fair trials. Countries such as DRC, Eritrea, Ethiopia, Gambia, Libya, Equatorial Guinea, Rwanda, Sudan, Zimbabwe and Swaziland have been <strong>the</strong> most prominent in abusing harsh laws to stifle freedom of expression. The case of Eritrea is extremely alarming: since 2001, more than a dozen journalists have been held incommunicado and without any form of trial, accused of treason and conniving with <strong>the</strong> enemy — ‘Ethiopia’ among o<strong>the</strong>rs. All private media houses are banned in Eritrea. Despite international outcry and numerous condemnations, including a decision of <strong>the</strong> African Commission on Human and People’s Rights in 2007, <strong>the</strong>se Eritrean journalists are still languishing in prison under inhuman and degrading conditions. Some have died. In The Gambia, journalists continue to work in an environment of fear and <strong>the</strong>ir security remains fragile. Court actions and arbitrary detentions using harsh media laws have made The Gambia one of <strong>the</strong> most unsafe places for journalists in West Africa. In Rwanda, <strong>the</strong> “genocide ideology and sectarianism law” is particularly over-broad. It includes a number of undue and unreasonable restrictions that violates international standards. Over <strong>the</strong> past <strong>years</strong>, numerous law suits have been filed under this draconian law and in most instances political opponents have been targeted. “Around Africa, significant numbers of journalists have been jailed under such criminalising legislation, and only very few of <strong>the</strong>m have had fair trials.” Writers and musicians have also had <strong>the</strong>ir share of experiencing repressive laws. In 2010, a book by Bertrand Teyou on <strong>the</strong> First Lady of Cameroon was banned and its author jailed for defamation. Cameroonian musician Lapiro de Mbanga was accused in 2009 of constitutional conspiracy and inciting employees of a banana farm in his hometown to destroy <strong>the</strong> plantations. He was recently released <strong>after</strong> international pressure. In 2008, Algeria’s book writer and journalist Mohamed Ben Chicou found his work “Diary of a free man” banned. That same year, <strong>the</strong> Director of <strong>the</strong> Algerian National Library was fired from his job for inviting a maverick author to speak. In this country, and many o<strong>the</strong>r north African nations, opinion Section 1: Freedom leaders and journalists have been under pressure from governments. This has changed slightly since <strong>the</strong> recent Arab spring. In Senegal, despite <strong>the</strong> relative freedoms enjoyed by writers, unconventional writers like journalist Abdoulatif Coulibaly have faced numerous counts of indirect censorship. He himself has received death threats. In Africa, Ghana has been a pioneer in decriminalising defamation, followed by Togo and Central Africa Republic. Since <strong>the</strong>n, several countries have followed: Cote D’Ivoire, Chad and Niger, and Mauritania is in <strong>the</strong> process. Senegal has promised to decriminalise defamation since 2005. Currently, a law has been adopted by cabinet and submitted to <strong>the</strong> Parliament, but is blocked <strong>the</strong>re due to <strong>the</strong> reticence of parliamentarians. The criminalisation of speech in Africa not only violates <strong>the</strong> rights of those speaking, it has <strong>the</strong> effect of limiting <strong>the</strong> free flow of information. Media in Africa - 2011 | 69
<strong>Declaration</strong> of Table Mountain helps to drive decriminalisation By Andrew Heslop Andrew Heslop is Editor, Press Freedom and Media Development, at <strong>the</strong> World Association of Newspapers. 70 | Media in Africa - 2011 One of <strong>the</strong> most widely abused tools used to silence critical journalism is law that makes defamation a criminal offence. It is deployed by governments from Algiers to Blantyre, Dakar to Mogadishu. That’s why <strong>the</strong> global press industry developed <strong>the</strong> <strong>Declaration</strong> of Table Mountain at <strong>the</strong> 2007 World Newspaper Congress in Cape Town, South Africa. The declaration identifies that defamation being treated as a criminal – ra<strong>the</strong>r than civil – matter as amongst <strong>the</strong> most severe obstacles facing <strong>the</strong> independent press in Africa. It also pinpoints ‘insult’ laws that forbid criticism of high office as an equally serious obstacle. To secure <strong>the</strong> repeal of <strong>the</strong>se laws, <strong>the</strong> World Association of Newspapers (WAN- IFRA) has been leading a long-term strategic campaign. Across <strong>the</strong> continent, this legislation is used to turn journalists into criminals, close down <strong>the</strong>ir publications and stifle information that is crucial to safeguarding <strong>the</strong> public interest. Research shows an alarming frequency of cases based on criminal defamation. This is evident in surveys by <strong>the</strong> World Press Freedom Committee – an international coalition of press freedom organisations of which WAN-IFRA is an active member. Reporters who cover corruption by public officials, misconduct by police or military personnel, dubious public spending and even <strong>the</strong> health of kings or presidents, continue to be systematically hauled before <strong>the</strong> courts in many African countries. They also risk incurring charges of endangering national security, destabilising <strong>the</strong> country, and – in extreme cases – even treason. As a result, African journalists, editors and publishers are frequently imprisoned for exposing <strong>the</strong> truth. In cases where financial compensation is ordered, exorbitant fines often far outweigh <strong>the</strong> actual damage inflicted. Assets are seized, publications are forced to close and in many cases <strong>the</strong> accused risk jail if <strong>the</strong>y are unable to pay. In this way, <strong>the</strong> criminalisation of defamation serves to deter investigative journalism and reduces <strong>the</strong> capacity of <strong>the</strong> press to fulfil its role of public watchdog. The consequence is that African leaders and o<strong>the</strong>r officials enjoy virtual immunity from criticism. It is no surprise that Zimbabwe is very active in using its laws to harass <strong>the</strong> critical press. An article published in The Standard weekly newspaper owned by independent publishing house Alpha Media Group highlights <strong>the</strong> extent to which authorities will go to punish investigative journalism. In November 2010, reporter Nqobani Ndlovu was arrested for a story that alleged <strong>the</strong> police were recruiting war veterans loyal to <strong>the</strong> Zanu-PF
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MEDIA IN AFRICA Twenty</str
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This work is licensed under <strong
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Foreword By Janis Karklins Janis Ka
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This is MISA By Kaitira Kandjii Kai
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overview overvie Overview
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What then have bee
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critical to journalism as well as t
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state explicitly that freedom of ex
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Twenty years after the Windhoek Declaration on press freedom

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