This one I like from Foroyaa Dad. Thanx again for sharing. Sober and  
intelligent.
Haruna.
 
 
In a message dated 3/4/2010 3:45:40 A.M. Eastern Standard Time,  
[log in to unmask] writes:

Journalists and the Law -Conceptions and Misconceptions 
 
The Chief Justice of the Gambia was invited by the Young  Journalists 
Association to preside over the opening of their training  programme on media 
laws. The chief Justice did accept the engagement. It  is important to share 
with the readers what he said to the  Journalists.
 
The chief Justice observed that even though "people often say the  media is 
a watchdog organisation or defender of the oppressed, but for  him it is a 
different thing as everybody is against oppression."
 
We would appreciate it if in his next engagement with the  Journalists the 
Chief Justice quotes and explain section 207 subsection  3 of the 
Constitution of the Gambia to them, which reads: "The Press and  other Information 
Media shall at all times, be free to uphold the  principles, provisions and 
objectives of the Constitution, and the  responsibility and accountability of 
the Government to the people of the  Gambia." 
 
Foroyaa’s interpretation is that the Constitution has underscored  the 
watchdog role of the Press and other Media establishments. They are  to monitor 
how public servants carry out their duty and report on  injustice and 
maladministration so that correctional measures could be  taken to rectify 
shortcomings. This watchdog role of the press is  recognized in every society which 
is genuinely democratic. What Foroyaa  teaches journalists is that what 
they report must be the truth. This  truth should also be published in good 
faith in the public interest.  Since Journalists are not necessarily lawyers 
and the law is not just  the Constitution and Acts of parliament but entails 
landmark decisions  which serve as judicial precedence, what young 
journalists need from  legal practitioners most are examples of landmark cases which 
helps them  to understand how their actions could be interpreted in a court 
of law.  

The Chief Justice was therefore quite right to add that "If you do  not 
understand the law, then you don’t want to practice journalism as  failure to 
observe the law will lead to its violation"
 
This is precisely why the training of Journalists is being  conducted so 
that those who know will transfer their knowledge to those  who are yet to 
know. The young journalists should be commended for their  initiatives so as to 
boost up their self esteem.
The Chief Justice did Counsel the young people as thus: "People who  
disobey the law cannot be called responsible journalists as responsible  
journalism cannot accommodate lawlessness and disobeying the law is  lawlessness." 
 
We would just like to add that the training of Journalist by legal  
luminaries should also entail the dynamics of the law. It should be  clear to 
people that laws could also be unjust and that there may be  legitimate ways for 
advocating for change or repeal of those laws. In  short, laws are not 
static. They are immutable. They are dynamic and  subject to amendments and 
repeals. Hence, it is part of the education of  young journalists to show them 
what is done to advocate for the repeal  of laws which are not reasonably 
justifiable in a democratic society.  

Finally, the Chief Justice advised the young Journalists as follow:  "Be 
careful not to engage in actions that will destabilize the society  in the 
name of human rights. The pen is powerful. But don’t use it  carelessly; use it 
to build your society." It is still not clear how  raising human rights 
issues could lead to the destablisation of society.  Empirical evidence has 
shown that in countries where human rights issues  are discussed freely an 
openly and actions taken by authorities to  address them, grievances are settled 
through democratic means and people  have little excuse to take the law 
into their own hands. What empirical  evidence tends to show is that it is 
impunity which leads to the  destabilization of society. Just imagine how people 
would have felt in  secret if no media house could write about the 
disappearance of Chief  Manneh, Kanyiba Kanyi etc; the death of Deyda Hydara, the 
shooting of  Ousman Sillah. Speculations would have been rife. For example, 
very  recently, an on line media published that Harouna Jammeh, a detainee,  
has been Killed. Harouna however is still in detention and many people  who 
have been detained at mile two have seen him and he is still not  taken to 
court or released after years of detention. Publishing such  matters which may 
facilitate his release could only add to sanitization  of the society not 
its defilement.  

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