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