Waja Protests Over Provisions of Media Bill
The Independent (Banjul)
April 29, 2002
Posted to the web April 29, 2002
Banjul
The West African Journalists Association (WAJA) has sent a protest to the
Speaker of the National Assembly, calling for the repeal of some provisions
of the Media Commission Bill, which it describes as serious obstacles to
press freedom in The Gambia. We reproduce below the text of the letter.
Appeal for repeal of part VI and vii of the National Media Commission Bill.
The West African journalists association (WAJA) has considered the Gambia
National Media Commission (NMC) Bill, which the National Assembly is going
to examine and vote on May 2, 2002.
Part VI and vii of the bill struck our attention because they constitute
serious obstacles to press freedom in The Gambia.
According to the provisions of part VI on registration,
1. No person shall, after the commencement of this act, engage in the
dissemination of information by mass communication unless registered as a
media practitioner or media organisation, as the case may be, in accordance
this section.
2. A media organisation in business at the date of commencement of this act
shall, with one month of the commencement of this act, register with the
Commission and also submit to the Commission the names of all media
practitioners registered with that organisation.
3.Notwithstanding subsection (1) but subject to subsection 4. a media
practitioner shall register with the commission, if in practice.
a-at the commencement of this act, within two months of the commencement of
this act; and B-after the commencement of this act with one month of the
commencement of the practice The provisions of subsection do not apply to a
media practititioner who is employed by the government; or is registered
with a media organisation.
The Commission shall issue a license to a media practitioner or media
organisation registered under this section.
The registration of a media practitioner or media organisation shall be
valid for one year and may be renewed from year to year.
A media practitioner or media organisation, which contravenes this section
commits an offence and is liable to a fine of not less than five thousand
Dalasis, and in default of payment of the fine within a period of thirty
days from the date of the finding of the Commission, the registration and
license of the media practitioner or media organisation shall be deemed to
be suspended
In the case of a media practitioner for a period of nine moths; and in the
case of a media organisation for a period of three months.
Part vii providing for the powers of the commission in respect for
complaints, states
1.Notwithstanding the provision of any other law, the Commission shall, to
the exclusion of any other court or tribunal, consider and determine all
complaints against a media practitioner or media organisation, in accordance
with the provisions of the act.
1-The commission shall also has exclusive jurisdiction over all ancillary
matters and other preliminary issues connected with hearing under this act
the commission shall summon any person in the Gambia to attend any hearing
conducted by the commission to give evidence or produce and document or
other thing in his or her possession and examine him or her as a witness and
may require him or her to produce any document or other thing in his or her
possession;
Those provisions in the bill constitute obstacles to a free exercise of the
independent media in the Gambia and to the free functioning of the judiciary
in matters and complaints pertaining to media issues in the Gambia.
WAJA is hereby appealing to Your Excellency to either revisit the whole Bill
or to at least ensure that parts vi and vii are reviewed or repealed from
the bill on order to establish a NMC whose regulation does not silence the
media in the Gambia.
Hoping that our complaint would be considered in the full interest of press
freedom an independent judiciary and democracy, Please accept, Your
Excellency, our kind regards.
Cc: The President, Alhaji Dr. Yahya A.J.J. Jammeh.
_________________________________________________________________
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