necessary in a democratic society where freedom of speech is a guaranteed right
under the international provisions cited.
It is our view that the impugned provisions cast excessive burden upon the applicants
in particular and all those who would exercise their right of free speech and violates
the enshrined rights to freedom of speech and expression under Article 9 of the
African Charter, Articles 19 of the ICCPR and Article 19 of UDHR.
Consequently, the Court directs that the legislations on sedition, criminal libel,
defamation and false news publication of The Gambia be reviewed and
decriminalized to be in conformity with the international provisions on freedom of
expression and in consonance with the Defendants obligation under Article 1 of the
Charter.
Whether in the circumstances of this case, the Defendant has violated the rights
of the Plaintiffs as alleged.
The 2nd-5th Applicants alleged that they were arrested and unlawfully detained, with
the 4th and 5th Applicants being subjected to torture by the agents of the Defendant
while in detention. This arrest and detention was predicated on the seditious, libel
and false news laws of the Gambia. The Applicants further argued that these laws
are in violation of their rights as journalists, right to liberty and freedom of
expression as they are still in exile for fear of being re-arrested in the cause of
exercising their rights as journalists.
44