In a major development for journalism in Sierra Leone, the government has introduced the Cybersecurity and Cybercrime Act following the repeal of the seditious criminal libel law.
However, some senior journalists and critical thinkers have raised concerns that the new Act may effectively serve as a replacement for the repealed law.
Section 44 of the Cybersecurity Act addresses cyberstalking and cyberbullying. It prohibits the use of computer systems or networks to commit acts that cause fear of violence, damage to property, or emotional distress, with the intent to coerce, intimidate, or harass. Violations of this section may result in fines or imprisonment.
In October 2020, President Julius Maada Bio publicly signed the amended law, effectively repealing the 55-year-old seditious libel provisions of the Public Order Act of 1965, which had long criminalized free speech and stifled journalism in Sierra Leone.
“I have always argued that the repeal will unshackle free speech, expand democratic spaces, and consolidate our democracy. It will open up the space for the growth of the media industry in the country. Professionalism will be enhanced and the best and brightest, including more women, will be encouraged to work their trade,” President Bio stated.
He recalled recent engagements with the leadership of the Independent Media Commission and the Ministry of Information and Communications to discuss support for 130 registered newspapers, 165 radio stations, and 42 television stations across the country underscoring Sierra Leone’s proud history of pioneering journalism in West Africa.
Citing the Global Expression Report 2019–2020 by Article 19, President Bio noted that Sierra Leone ranked among the top five African countries in promoting freedom of expression.
“For more than half a century, this country had a legislative and governance regime that criminalized journalism. Successive governments failed to abolish the law that threatened civil liberties and abused it repeatedly. The criminal and seditious libel law was simply a bad law. It presumed guilty before trial, denied truth as a defence, and criminalized anyone associated with a publication or broadcast deemed libellous,” he added.
Last week, the Sierra Leone Association of Journalists and the Guild of Newspaper Editors issued press releases condemning the use of cybercrime laws to intimidate journalists.
Within the same week, two senior journalists were invited by the Criminal Investigation Department for questioning regarding their publications while performing their duties.
It is also possible for them to be charged to court after been investigated or questioning by the Sierra Leone Police.
Nonetheless, journalism should not be criminalized. Some Journalists are expert in communication, and they must be allowed to criticize, analyze, comment and report on national issues. Being human, they are prone to mistakes and such errors should not amount to criminal offences.
This medium is calling on the Sierra Leone Association of Journalists (SLAJ), non-governmental organizations, and civil society groups to prepare a strong position paper on the new Cybersecurity Act, which is now threatening press freedom in Sierra Leone.
