In analyzing the Criminal laws of the Gambia, one can certainly infer that these laws do not guarantee a free press within the spirit of the African Charter on Human and Peoples Rights and the International Covenant on Civil and Political Rights (ICCPR). The restrictions and vagueness with which these laws have been framed and the ambiguity of the mensrea (seditious intention), makes it difficult to discern with any certainty what constitutes seditious offence. The practice of imposing criminal sanctions on sedition, defamation, libel and false news publication has a chilling effect that may. unduly restrict the exercise of freedom of expression of journalists. The application of these laws will amount to a continued violation of the internationally guaranteed rights of the Applicants. Having critically examined the criminal laws of The Gambia, the Court declares that the criminal sanctions imposed on the applicants are disproportionate and not 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. 47

اختر الفقرة المستهدفة3