STATE OF THE

MEDIA REPORT 2016

Theme: The Independence of Media enhances
Democracy and Good Governance :
A call for the Repeal of the criminal and
seditious libel laws in the 1965 Public Order Act
A Publication of the Society for Democratic Initiatives (SDI)
28 Charlotte Street
Freetown, Sierra Leone
May 2017
 State of The Media Report 2016
denied the platform of freedom of expression, their ability to
I.Executive Summary effectively criticize government and hold public servants to

I
am honoured to present the State of the Media Report 2016, a account thereby improving public oversight of government
product of extensive research work by the Governance actions undoubtedly shifts. This in effect prevents the media
Department of the Society for Democratic Initiatives (SDI), from performing their fundamental role of serving as 'the
Sierra Leone. sentinel' for the people to engender good governance thereby
enormously disadvantaging Sierra Leone's emerging
The first State of the Media Report was published in 2008; just a democracy.
year after another great test to the country's democratic
credentials following a peaceful transition of political power when Clear examples as illustrated in this report on media
the incumbent government lost to the opposition through the ballot crackdowns are police officers acting on "orders from above" in
box. To media practitioners it was the dawn of a new dispensation arresting practicing journalists without respect for their human
with high expectations. However, for nearly a decade since the rights and without charges, sometimes after prolonged
seemingly 'media friendly government' was ushered into office, detentions. These recent actions are rooted in the
not much has actually changed on the media landscape. This is government's virtual monopoly and control over the notion of
because in spite of the executive pronouncement made by the free expression.
incoming leadership in 2007 to safeguard the position of the
institution in the country's nascent democracy, the period in This form of suppression may also compromise the media's
question saw an increase in clampdowns, as institutions state integrity. Depriving the media of free expression and the right to
functionaries continue to single out media houses and journalists act as critique of government's actions renders them inept in
for intimidation, verbal abuse, and sometimes physical assaults maintaining professionalism and neutrality. This in turn gives
using state security apparatus. Even with a constituted regulatory way to patronage and material inducement to silence
body, the Independent Media Commission (IMC) has often been journalists.
bypassed as journalists are normally called upon for questioning
by the Criminal Investigations Department on instructions 'from Although media crackdown is not uncommon in many of Africa's
above.' emerging democracies, it is sad to note that enforcement of
standard measure of civil liberties and free expression has
In 2016 state security apparatus on different occasions and for often failed to capture key aspects of Sierra Leone's democratic
various reasons clamped down on several media institutions and development. The use of the criminal and seditious libel law in
journalists using the obnoxious Public Order Act. our current political dispensation breaches civil liberties and
Clearly but surprisingly, these draconian criminal and seditious needs to be reversed. Government apparatus' 'de facto' control
libel laws remain in the law books of Sierra Leone. "Surprisingly" over the media and the onslaught on its critics is glaring through
because the presidency failed to deliver on its 2007 campaign the use of informal proxy of the police or patronage
promise to expunge the criminal and seditious libel laws; and arrangement aimed at embarrassing individuals in the media
during the period under review, tens of journalists were intimidated profession. This in effect undermines the very principle of
through police arrests and detentions using the 1965 Public Order democracy on which our constitution is rooted.
Act. It is worth recalling that when campaigning as opposition
leader in 2007, Ernest Bai Koroma promised that when elected The 2016 State of the Media Report also captures several
president, he would expunge the criminal and seditious libel laws incidents of police harassments, arrests and detentions of
from the statute books of Sierra Leone. Upon assumption of office journalists without bail; and sometimes followed by trumped up
however, the language briskly changed from 'expunging' to charges, which have suffocated the media environment.
'reviewing' the 1965 Act. Ten years after, even the 'review' process Sometimes such unwarranted police violence against the
has not started; and as the president leaves office in 2018, it is media could be explained by the lack of capacity of the police
very unlikely any 'review' is envisaged in President Koroma's force, and also by the breakdown in the chain of command
tenure. within their rank and file.

Recent and most common forms of crackdown effectively used
against practicing journalists and media institutions include brutal
police raids and the pressing of criminal and seditious libel
charges. In 2016, there were several of such crackdowns on
practitioners and media institutions aimed at silencing free
expression. This intimidating tactic employed by politicians and
cohorts, using the police to do the dirty work, can have devastating
impact on the democratic credentials of the country. It is no
gainsaying that when the media is systematically alienated; being
Society for Democratic Initiatives
The extensive and repeated suspension of media institutions is
an obstacle to the development of the media profession in
Sierra Leone. The IMC must be seen to be very professional in
making choices about reinforcing its powers; or conversely,
withdrawing media outlets' right to publish as a sanction and
signal of distancing themselves from any unprofessional
conduct or violation of the commission's code of ethics.
Experiences over the years suggest that the IMC powers have
been flouted by highly placed publishers.
2
 State of The Media Report 2016
The dilemma for most journalists is the conflicting role between IMC's criminal offences.
statutory powers to regulate the media and the police in addressing Ethics and Professionalism have remained at the bottom pit of the
professional ethical breaches. Too many charges and punishments are journalistic profession in Sierra Leone. This is particularly sad at a time
meted out to a journalist differently by either party each time there is alleged when government is looking for every excuse to justify clampdowns on
violation of the law. In 2016, we witnessed a clear manifestation of this the media and to continue to retain the criminal and seditious libel laws.
where journalists were reprimanded by the IMC while concomitantly the This is especially when most newspaper stories are not properly vetted or
police pressed criminal charges against the same journalists for the same cross-checked before publication; or lacking in facts and contents in
crimes. While the IMC takes decisions that include suspension of instances where episodic reporting takes precedent over thematic
publications of defaulting media houses and practitioners for alleged reporting. It is difficult to find a real investigative reporting in the press in
breaches, the police at the same time detain and charge the same Sierra Leone, with many failing to present all sides to story.
institution or journalist to court for the same breach.
It saddens me to repeat almost the same findings and recommendations
The statutory mandate of the Independent Media Commission Act 2007 as made in the 2013, 2014 and 2015 editions in this year's report as though
amended provides a platform to allow for the proliferation of newspapers no one is cares to listen in order to improvements. As the Society for
and radio stations and further paves way for adherence to the Media Code Democratic Initiatives shares the 2016 report with the public, I urge all
of Practice by practitioners. The task of the IMC is to serve as one of the stakeholders to work together in ensuring the protection of free speech in
pillars of democracy by ensuring the nourishment of a free and pluralist Sierra Leone.
media landscape in Sierra Leone. They investigate complaints from I thank you.
members of the public against practitioners and at the same time
determine penalties and fines. On the other hand the SLP is charged with Emmanuel Saffa Abdulai
the responsibilities of protecting lives and property and to investigate Executive Director

II. Background Freedom of opinion and expression supports an informed citizenry

and is vital to ensuring public and private sector accountability.

T
he State of the Media Report is an annual situational report based Unhindered public access to information and the freedom to create
on series of investigations undertaken by the Society for and communicate ideas are critical to the advancement of knowledge,
Democratic Initiatives (SDI). The report extensively covers issues economic opportunity and human potential.
of concern to media practice in Sierra Leone, including especially those
that relate to violations against media outlets and the rights of The media in Sierra Leone's current political environment is faced with
practitioners in general. severe challenges, particularly in the face of weak governance
The project was initiated as a means to addressing some of the lessons system, limited administrative capacity, the absence of job security
learnt from post-war interventions in shaping the media landscape. and lack of critical expression in their daily reportage. Over the period,
State of the Media Reports always try to target post-war issues not given State of the Media Reports have not relented in highlighting some of
serious thought before that affect media setting which has become the perennial problems affecting media practice and providing
highly proliferated with practitioners. One of the legacies of the civil war recommendations to guide media practitioners and hold policy
is citizens' awareness of their rights; especially the fundamental human makers to task on the need to ensure media neutrality, promote ethics,
rights entrenched in the national constitution that includes freedom of professionalism and free expression.
expression. The proliferation of media institutions (both the print and
electronic media) after the war was pointer to the different shades of For the citizenry to actively participate in governance and exercise
opinions held dear to the attention of many citizens. For over decades of their franchise, they must be allowed to freely express themselves. It is
dictatorial rule and the civil war, Sierra Leoneans embraced a new only when people are free to openly express their views and opinions
dispensation that reclaimed their voice. This flurry in the number of on matters of governance that transparency and accountability are
media outlets and practitioners was acknowledged by many political and enhanced. Also they would not be able to genuinely participate in
media analysts as a significant gain in the country's positive stride to electioneering processes and other governance issues if they are
attaining good governance. deprived of the opportunity to receive and share information and ideas
from a variety of sources.
The aim of this project is to bring to light the situations surrounding the As such, the right to freedom of expression of citizens should not be
right to freedom of expression as we see it in Sierra Leone. Since 2008, restricted by governments, except in narrowly defined circumstances
the State of the Media Report has monitored and captured key like in the case states of emergency or other internationally
international instruments that guarantee the right to freedom of recognized laws or standards. The rule of law is necessary and should
expression, taking into consideration global, regional and sub-regional be proportionately maintained for the relevant purpose of
context in relation to the kind of laws and policies under which the right to guaranteeing individual dignity in a democracy. This can be achieved
expression is guaranteed in Sierra Leone. The fundamental focus of this through increased demands on governments in especially developing
report is to remind our policymakers and stakeholders that when people countries to respect and guarantee the fundamental human rights and
give their opinions on issues of state either in writing or saying, they are the freedom of expression of their citizens by seeking to avoid or
participating in the affairs of society. Freedom of expression is widely minimize government restrictions and allowing unhindered access to
acknowledged as a basic human right that should be guaranteed by the information to develop and communicate ideas and information,
state. Serving as a watchdog, State of the Media Report has continued regardless of frontiers or mediums of communication. To that end, this
to play an important role in this debate and by bringing to light the iniquity report tries to highlight both national and international instruments that
of state players in upholding the right to free expression that undermine guarantee and restrict citizens' freedom of expression and
and violate the rights of journalists. information.
Society for Democratic Initiatives 3
 State of The Media Report 2016
III. National Legal Provisions on matter which if published of and concerning a person (deceased
Freedom of Expression and Information or alive) is likely to expose him to public hatred, contempt or
ridicule or to damage him in his trade, business, profession,
The 1991 Constitution of Sierra Leone stresses on the task of state
calling, or office whether such matter be expressed in spoken
institutions to respect and protect freedom of expression of its
words or in any audible sounds or in words legibly marked or in
citizens. Moreover, Sierra Leone is a signatory to several regional
any substance whatever or by any sign or object signifying such
and global treaties and conventions that guarantee individual
matter otherwise than by words whether directly or by
rights to articulate or express and disseminate their opinions.
insinuation or irony.'
Section 25(1) of the 1991 Constitution of Sierra Leone guarantees
Among the many media laws in Sierra Leone, the Public Order
the right to freedom of expression; and inter alia, it states that
Act of 1965 is the most demeaning in the country's democratic
"except with his own consent, no person shall be hindered in the
dispensation. Journalists are often sued and taken to court as
enjoyment of his freedom of expression and such freedom
criminals for publications deemed libellous. Since litigants fail to
includes the freedom to hold opinion and to receive and impact
show proof of damage, civil actions are most often evaded.
ideas and information without interferences." It further guarantees
that "freedom from interference also covers correspondence,
To improve governance is to ensure guarantee of freedom of
ownership, establishment and the operation of any medium for the
expression; hence the State of the Media Reports will continue
dissemination of information, ideas and opinion and academic
to advocate for press freedom in Sierra Leone by incessantly
freedom in the institution of learning."
drumming home the need for our lawmakers to for once
expunge this undemocratic and obnoxious legal framework in
(i) The Public Order Act of 1965
order to improve on media environment. It is no new campaign
In Sierra Leone, the continued retention in our law books of the
by civil society organisations to remove the POA from Sierra
Public Order Act (POA) has caused a great deal of damage to the
Leone law books; and the Society for Democratic Initiatives
practice of journalism than improving on the working environment
(SDI-SL) has been a leading and vocal civil society partnering
of practitioners. The Act has been always used as a pretext to
with the Sierra Leone Association of Journalists (SLAJ) in
imprison journalists and clamp down on media institutions.
sustaining this campaigns against the POA, especially that
Section 33 (c) of this draconian law states that "any person who
relating to the ''Criminal Libel and Seditious law'' provision.
prints, publishes, sells, offers for sale, distributes or reproduces
any seditious publication; or imports any seditious publication,
Successive governments, through the Sierra Leone Police
unless he has no reason to believe that it is seditious, shall be
Force had often unjustifiably pursued arrests, detentions and
guilty of an offence and liable for a first offence to imprisonment for
stifled the rights of practising journalists using the POA.
a term not exceeding three years, or to a fine not exceeding one
Members of the public too have also frequently taken advantage
hundred thousand Leones (Le 100,000.00) or to both such
of Section 26 of the criminal libel laws to press criminal summon
imprisonment and fine, and for a subsequent offence shall be
on journalists. Section 26 of the Public Order Act 1965 states
imprisoned for a term not exceeding seven years, and every such
that, "any person who maliciously publishes defamatory matter
seditious publication shall be forfeited to the Government."
knowing the same to be false shall be guilty of an offence called
libel and on conviction to imprisonment for any term not
In that context according to the Act; section (5) defines "publisher"
exceeding three years or to a fine not exceeding one thousand
as 'any printer, editor or proprietor of a newspaper and every agent
Leones or both". Further, Section 27 imposes legal
or employee or other person acting on the instructions of any such
responsibility for any news considered to be false whether the
editor or proprietor, or any person concerned with the
author has knowledge of its falsity or not.
management of a newspaper.' It also defines "proprietor" as
including as well, 'the sole proprietor of any newspaper and in the
(ii) The Independent Media Commission Amended Act
case of a divided proprietorship, the person who as partners or
2007
otherwise represent and are responsible for any share or interest
The Independent Media Commission Amended Act 2007
in the newspaper as between themselves and the persons in like
provides a platform to facilitate the registration of newspapers
manner representing or responsible for the other shares or
and radio stations. The IMC's strong link with the media
interests therein and no other person.' The published material or
landscape is the Media Code of Practice in which section 7 (23)
"Newspaper" according to the Act means 'any paper containing
emphasises that "the principal Act is amended by the repeal and
public news or occurrences, or any remarks or observations
replacement of section 23 by the following section. The
therein, printed for sale and published periodically or in parts or
Commission may determine such standards of overall
numbers.'
performance or specific standards of performance in relation to
the provision of radio, television, DTH, DSTV, public relations or
On defamation, Section 37 defines "defamatory matter" as 'any
advertising services by a media institution, as in the opinion of
Society for Democratic Initiatives 4

the Commission ought to be achieved by that media institution."
The IMC is one of the several post-war democratic good
governance institutions created to strengthen Sierra Leone's
democracy. It is the regulatory body that ensures the
establishment and operations of media institutions and
practitioners to promote free and pluralistic media landscape in
Sierra Leone. But the 'Independence' of the IMC has always come
under criticism in so far as it is under the control and purview of the
Ministry of Communication and Information with its members
appointed by the president.
This has robbed the Commission of its ability to remain neutral and deeply in Sierra Leone where corruption and secrecy is the rule.
to minimise unprofessionalism in the practice. There has been
selective justice and most often the Commission's orders are
being flouted by certain news outlets with impunity relying on
government backing. We have witnessed some media outlets
publicly flouting IMC directives like in refusing to honour the
payment of fines or retraction of stories with the government
hypocritically looking on.
Yet others have been reprimanded and even incarcerated for
similar or even lesser defaults against the government or the
Commission. This has cast doubt over the neutrality of the
Commissioner, especially as the commissioners are appointed by
the presidency and think their loyalty lies with the government of
the day. Until the IMC uses the correct provisions in the Act to take
actions against defaulters without any political consideration,
some media houses will continue to see themselves as more
powerful than the Commission.
This is actually a test to the country's fragile democracy that as a
country we need to take responsibility to improve on.
(iii) The Newspaper Act Of 1980
The Newspaper Act of 1980 gave the Minister of Information and
Communications the authority to approve the registration of
newspapers as well as suspend or ban the operations of any
newspaper. Nonetheless, even though the Newspaper Act still
exists as a statutory instrument, its tenets are not practical since
the IMC was set up in 2000. But the lingering question remains;
especially when IMC orders are being flatly flouted by media
outlets, state functionaries and influential individuals whether the
Newspaper Act should be reviewed.
(iv) Right to Access Information Law 2013
Sierra Leone was the thirteenth African country to enact the Right
to Access Information bill on the 29th of October, 2013, The right
under the Access to Information Act 2013 in Sierra Leone
empowers everyone to request official information held by public
bodies under the law. Known as the Right to Access Information,
section 2 subsection 1 to 6 of the Act provides that "every person in
Sierra Leone has the right to access information which is in the
control of public authorities. It also covers the information held by
private bodies undertaking function on behalf of government or
Society for Democratic Initiatives
State of The Media Report 2016
receiving funding from the consolidated fund."
Access to information is widely recognized as a cornerstone of
good governance and an important anti-corruption tool.
The campaign to ensure the inclusion of Access to Information
into our law books has a history of close to a decade. The
Society for Democratic Initiatives was very instrumental in
galvanising others to form a civil society coalition to advocate for
the passage of the law. The long delay to enact the Access to
Information law in Sierra Leone opened the room for huge
implementation efforts. The bulk of this reality is felt even more
Sierra Leoneans' effort to have the ATI law was such an
imperative. The crucial need now as a nation is to ensure that
authorities adopt the true content and aspiration of the ATI law.
Many sections of society believe that it is through which Sierra
Leone can attain a governance process that is accountable,
transparent and responsive to the people.
After ten years of extensive campaigns, civil society
organisations were excited to see that the enactment into law of
the Right to Access Information bill was actualised.
VII. CONSTITUTIONAL PROVISION
ON THE ROLE OF MASS MEDIA
The Constitution of Sierra Leone makes clear provisions for the
role of Mass Media in promoting democracy and good
governance in Sierra Leone. It states that "members of the
Fourth Estate (the press, radio, television and other agencies of
the mass media) shall at all times be free to uphold the
fundamental objectives contained in this constitution and
highlight the responsibilities of the Government to the people."
Therefore, the 1991 Constitution which ushered in multiparty
democracy bestowed on the mass media the responsibility to
uphold that very tenet of multiparty democracy in Sierra Leone.
Part of that responsibility is to hold government to account,
report on and expose corruption, report responsibly and
credibly and above all do so without fair and favour.
VIII. REPORTED CASES OF THE USE OF
THE CRIMINAL AND SEDITIOUS LIBEL LAWS
TO ARREST AND DETAIN JOURNALISTS
A
ccording to Freedom House Report, Sierra Leone has
58 registered newspapers, about 40 public and
community radio stations and 3 television stations.
Most newspapers are independent, though some are
associated with political parties. The print media routinely
criticize both the government and opposition parties. All Sierra
Leonean newspapers are printed in English, the country's
official language that is spoken and written by only about a third
of the population.
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 State of The Media Report 2016
Sierra Leone's constitution guarantees freedom of speech and During the heavy down pour of rain last season, the bypass route and
the entire district was cut off from the rest of the country and as a
upholds important roles of the press and the mass media ; and consequence, many houses were affected, completely destroying
respect for press freedom and tolerance of opposition criticism about five. This material and environmental damage infuriated
appear to be gaining a foothold under President Ernest Bai residents leading to the mass protest against the mining activity and
Koroma. demanded a stop to it.
Mr. Kabba, is the Resident Minister for the Eastern region, and the
However, despite improvements in the general media climate, the major political sponsor of the controversial mining project. He
Public Order Act of 1965 continues to serve as impediment to reportedly angered the residents, by repeatedly making insensitive
media growth with still prison terms of three to seven years comments against the protests in a press conference. As a result, four
slammed on defaulters of the criminal libel law; and up to one year of the five suspended journalists who were in attendance decided not
for the separate crime of publishing false news. Criminal libel to air the story on the basis of "professional judgment.
charges apply in some cases even when the defendant can prove
In an interview, Abass Foday Kallon, a reporter and producer said they
the published information to be true, and defendants charged with decided at an editorial meeting that airing the minister's comments
publication of false news must prove that they took reasonable could worsen an already complex and sensitive matter for which
measures to verify the information's accuracy. ignition the media had already been blamed. The initial protest had
been blamed on allegedly inciting media coverage. The Resident
The Sierra Leone Association of Journalists (SLAJ) challenged Minister reportedly ordered the arrest of a journalist working with a
the constitutionality of the Public Order Act of 1964 in 2007, but the private radio station over the issue, although that order was never
Supreme Court upheld the law. In lieu of the above, SDI set out to carried out.
confirm whether any Journalist was physically assaulted during
the course of his or her work as we progressed to where we are One of the suspended journalists, an editor, was reportedly penalized
now in 2016. for endorsing the decision not to air the report.
According to Kallon, the decision to air news item or not rests with a
REPORTED CASES OF JOURNALISTS team of producers, including himself and devoid of the Station
Manager's directive. However, at that time and because of the
SUSPENDED AND REPRIMANDED sensitive nature of the report, the station manager, David Francis
Cole, was called upon.

T he period between July 2016 and May 2017 proved to be a

very challenging one for journalists and media practitioners
across the country.

Despite our growing foothold on democracy, there still remains some

But at the time of investigation, the Station Manager could not be
reached when contacted by Politico. But a copy of a letter of
suspension bearing Cole's signature explained why Kallon was
grey areas in our democratic institutions which need the collective effort suspended. In part, the letter read: "You should by now know that you
of dedicated, courageous, patriotic and committed individuals to ensure are under the direct supervision of the Regional Station Manager, who
that the principles of good governance that foster growth of a democratic alone controls the authority over what is aired or not." It added that
nation are adhered to in Sierra Leone. Kallon failed to communicate properly to his office on the issue.

According to investigations by our desk review, the Sierra Leone
Broadcasting Corporation (SLBC) in 2016 suspended five of its staff
members in Kono over the brewing dispute in a controversial mining
project.
The reporters working with FM90.2 in Kono were sanctioned for failing to
report on a press conference organized by a government minister who
was at the center of the saga, details of documents seen by Politico
Newspaper indicate.
One of the suspended journalists, Abass Foday Kallon, said that they
were suspended because they decided against airing comments by
Minister Karamoh Kabba which they felt could have worsened an
already tense environment in the district.
The Assistant Secretary General of SLAJ Eastern Region, Sam Lahai
of Kenema was also arrested on the instruction of the Deputy Minister
of Internal Affairs, Sengu Koroma. SDI caught up with Mr. Lahai by
way of telephone interview conducted on the 28th of April, 2017 in
order to get an in-depth account of the facts surrounding his arrest.
The questioned posed to Mr. Lahai included whether he was arrested;
the reason(s) for his arrest and the treatment meted out to him in the
course of his arrest and detention. Also, whether he was interrogated
and who invited him in the first place.
In response, Mr. Lahai started by saying that he attempted to contact
the Minister of Internal Affairs regarding the Minister's instruction to
officials throughout the country to report to his house.

The Kono region of Sierra Leone has been divided over the government
sanctioned mining activity on a popular bridge linking the diamond-rich
district headquarter town of Koidu to the capital, Freetown. Congo
Bridge has been rumoured to be sitting on a large deposit of diamonds.
Notwithstanding, in order to exploit it a bypass had to be created which
happened to be illegal according to the Mines and Minerals Act of Sierra
Leone.
He said when he asked about the incident, the Minister became
annoyed. "The Minister went to the Police Station in Kenema
demanding that I be apprehended," he noted, saying the article in
question was published on the 18th of July, 2016 and that he was
invited by the Sierra Leone Police for further questioning. He alleged
that while responding to questions, a call / order from above abruptly
terminated the interrogation only to be later detained for over 72
hours.

Society for Democratic Initiatives 6

 State of The Media Report 2016

IMC 2016 REPORT ON MEDIA Police and later released. According to the Minister (which
one?), the journalist published inaccurate information without
INSTITUTIONS SUSPENDED getting the Minister's own side of the story for which he ordered
his arrest.

A
ccording to information from our sources 16 media
institutions were suspended by the IMC in 2016. According to information from the Independent Media
Commission, two other journalists, Abdul Fonti Kabia and
A press release issued on Monday 6th June, 2016 by the James Banpia Bundu of the Blade Newspaper were summoned
Independent Media Commission (IMC) detailed the suspension of by the Clerk of Parliament at different times for questioning with
3 radio stations and 11 newspapers. The suspended media regards to the activities of the House of Parliament.
institutions were the Spectator Newspaper, Citizen Radio, Radio
Mankneh, Weekly Express Newspaper, Prime Times Newspaper, According to IMC records a total of 181 newspapers and 127
Shinning Star Newspaper, The Times SL Newspaper, Eagle Africa electronic were registered with the Commission by 2016.
Radio, Metro Newspaper, The Blade Newspaper, African NUMBER OF COMPLAINTS RECEIVED BY THE
Champion Newspaper, Torchlight Newspaper, and the Sierra IMC FROM THE PUBLIC AGAINST MEDIA HOUSES /PRACTITIONERS
Express Media Newspaper.

T
he number of complaints received by the Commission
According to the press release, Part v section 36 (3) of the IMC Act from the public against media houses/practitioners in the
2000 and IMC Media Code of practice in 2000, 2006 and 2007 year under review was 61.
which states that "where no penalty is prescribed by or under this
Act for any complaint inquired into by the Commission, the In the State of the Media Report 2016, a crackdown on
Commission may censure or impose on the media institution journalists and media houses led to the titled report "Critical
concerned a fine not exceeding Le. 500,000." As a result, the minds for Critical Times." A similar assessment for the year
foregoing media institutions were suspended because they failed 2014 was done with the objective view to ensuring that freedom
to comply with the IMC Board's decision as stipulated by the said of expression is guaranteed and protected according to
section for various complaints concluded. international human rights standards of which Sierra Leone is a
signed up country.
In a bid to ensure the free flow of information and the protection
against seditious libel laws and tyrannical treatment of journalists, In taking our assessment forward, SDI contacted the
the Society for Democratic Initiatives (SDI) caught up with some of Independent Media Commission (IMC) for comprehensive
the suspended media houses and journalists in order to ascertain report on Media Practitioners who have been harassed,
the legality and severity of their plight in the light of democratic intimidated, arrested or invited for questioning during the
rules of good governance. course of their work in 2016.
THE ROLE OF THE MEDIA IN
One of the suspended media stations was the Spectator PROMOTING GOOD GOVERNANCE AND DEMOCRACY
Newspaper. The managing editor, Cecil Cole-Showers told
sources that they have reconciled their difference with the IMC.
However, the editor of the Torchlight Newspaper- Alie Mozart
Sesay differed in his interview with the Awareness Times
Newspaper. He said they were going to respond to the way they
I t cannot be understated that the role of the media in
fostering and facilitating a robust and vibrant democracy
is a most pivotal one. Democracy would be nothing but
an idealist concept if there was no free press. This is a precept
that is deeply ingrained in democratic theory and practice. As
were treated by IMC by taking a legal stance. According to
information from our sources, the newspaper was suspended for early as the 17th Century, Enlightenment theorists had argued
an article written on an opposition candidate, Retired Brigadier that publicity and openness provide the best protection against
Julius Maada Bio involving his private affair with a woman named tyranny and the excesses of arbitrary rule. Montesquieu, the
Edwina Khalil on May 25th 2016. The story was eventually taken French political philosopher in the early 1700s, spoke against
off when the lady in question condemned the allegations on Bio as the secret accusations delivered by Palace courtiers to the
false. French King and prescribed publicity as the cure for the abuse
of power. English and American thinkers alike would later come
Mozart also held the belief that the suspension of the media on board to unanimously agree with Montesquieu,
institutions was based on "malice and political underpinnings" acknowledging the significance of the press in making officials
One out of two journalists was arrested and detained and charged aware of the public's discontents and allowing governments to
to court. There was a misunderstanding between the journalist rectify their errors.
and security personnel which according to sources was in relation Since then, the press has been widely proclaimed as the
to infringement on personal right. "Fourth Estate," a coequal branch of government that provides
A journalist was also arrested and detained by the Sierra Leone the check and balance without which governments cannot be
Society for Democratic Initiatives 7
 State of The Media Report 2016
effective. For this reason, democrats through the centuries have a consequence to being ignorant of the laws and procedures for
tended to take the Enlightenment's instrumentalist view of the availing themselves of their entitlements or the mechanisms
press. Thomas Jefferson, for all his bitterness against journalistic they can use to remedy their deprivations, they shall remain
criticism celebrated the press, arguing that only through the poor perpetually.
exchange of information and opinion through the press would the
truth emerge. Hence, the famous Jeffersonian declaration: "Were Democracy cannot take root if the poor and powerless are kept
it left to me to decide whether we should have a government out of the public sphere. The argument is that effective media
without newspapers or newspapers without government, I should are the key as they can provide the information poor people
not hesitate to prefer the latter." need to take part in public life. Ideally, the media should provide
voice to those marginalized because of poverty, gender, or
Contemporary democratic theory appreciates the media's role in ethnic or religious affiliation.
ensuring governments are held accountable. In both new and old
democracies, the idea of the media as watchdog and not merely a By giving these groups a place in the media, their views and their
passive recorder of events is widely accepted. Governments, it is afflictions exist as part of mainstream public debate and may
argued, cannot be held accountable if their citizens are not eventually contribute to a social consensus that the injustices
informed about the actions of officials and institutions. The press against them ought to be redressed. In this way, the media also
serves as both a watchdog and guardian of the public interest, contribute to the easing of social conflicts and to promoting
warning citizens against those who are doing them harm. A reconciliation among divergent social groups. All these are
fearless and effective watchdog is critical in fledgling examples of the media's role in fostering good governance and
democracies where institutions are weak and that can easily democracy through the free flow of information and providing a
succumb to intense political pressure. When legislatures, forum for public debate.
judiciaries and other oversight bodies are powerless against the
mighty, or are themselves corruptible, the Fourth Estate is often Thus the media play a critical part in making reforms possible
left as the only check against the abuse of power. This requires through the democratic process thereby strengthening
that the media play a heroic role, exposing the excesses of democratic institutions and creating an environment enabling
presidents, prime ministers, legislators and magistrates despite public participation, without which democracy would be nothing
the risks. but an idealist dream.
FREEDOM OF EXPRESSION AND
FREEDOM OF INFORMATION: FRUIT OF THE SAME TREE
The media also function as a bridge between governors and the
governed; and as an arena for public debate that leads to more
intelligent policy and decision-making. Indeed, the Enlightenment
tradition of the press as public forum remains strong. The press;
wrote U.S. television journalist Bill Moyers in the early 1990s,
F
the
is
reedom of, and access to information is recognized as
a fundamental human right; and as described in the
first session of the United Nations General Assembly,
"touchstone
consecrated."
of all the freedoms to which the United Nations
should draw citizens to the public square and "provide a culture of
community conversation by activating inquiry on serious public
issues." In new democracies, the expectation is that the media The UN Special Rapporteur (UN SR) has defined the right to the
would help build a civic culture and a tradition of discussion and access of information as "both the general right of the public to
debate which was not possible during the period of authoritarian have access to information of public interest from a variety of
rule. sources and the right of the media to access information, in
addition to the right of individuals to request and receive
Not just journalists, but eminent contemporary thinkers like Nobel information of public interest and information concerning
laureate Amartya Sen ascribe to the press the same cleansing themselves that may affect their individuals rights."Therefore,
powers that Enlightenment philosophers had envisioned. Sen the right to freedom of expression is two-fold. There is the right
pointed out the need for "transparency guarantees" such as a free to express and disseminate information, and the converse right
press and the free flow of information. Information and critical to receive that information.
public discussion, he said, are "an inescapably important
requirement of good public policy." These guarantees, he wrote, The right to access information works to ensure transparency in
"have a clear instrumental role in preventing corruption, financial governments, as well as create a barrier to abuse, corruption
irresponsibility and underhanded dealings." The United Nations and authoritarianism. Additionally, it is important to the
Development Programme (UNDP) says that addressing poverty functioning of democratic systems, as citizens need access to
requires not just a transfer of economic resources to the needy information to properly exercise their political rights. The UN SR
but also making information available to the poor so that they can has similarly acknowledged the fundamental importance of this
participate more meaningfully in political and social life. After all, right to the enjoyment of civil and political rights and democratic
the poor cannot assert their rights if they are ignorant of them. As governance. The right of access to information includes a

Society for Democratic Initiatives 8

 State of The Media Report 2016
number of elements. The right encompasses all records held by a measures to ensure the preservation and dissemination of such
public body, regardless of their form, storage, or date of information" make up the right to truth.
production, as well as records held by any other entity so long as The "right to truth" is discussed in this context in the case of Lucio
they are carrying out a public function. The media has a right to Parada Cea, et al v El Salvador. The Inter-American Court of
access information on public affairs and, conversely, the public Human Rights (IACtHR) describes the "right to truth" as "a
has the right to access information from the media. collective right which allows a society to gain access to
information essential to the development of democratic
Individuals also have the right to know what personal data is systems, and also an individual right for the relatives of the
stored in automatic data files and for what purposes, as well as victims, allowing for a form of reparation."
which public authorities or private individuals or bodies control
these files. The UN Human Rights Committee also suggests that The right to the truth is also related to Article 25 of the Convention
States make every effort to ensure that the public has access to which establishes the right to have a simple and prompt remedy
information of public interest, any fees required for the supply of for the protection of the rights enshrined in it. The presence of
information should not be so high as to be an impediment to artificial or legal impediments to accessing and obtaining
access, and finally, that any refusal to provide access or a failure to important information regarding the facts and circumstances
respond to requests for access is explained and reasons surrounding the violation of a fundamental right, constitutes an
provided. open violation to the right established in the provision referred to,
and hampers the establishment of domestic remedies which
Like the right to freedom of expression as a whole, the right to allow for judicial protection of the fundamental rights established
access information is not absolute. Limitations or restrictions on in the Convention, the Constitution, and the laws.
the right must comply with the same three-part test previously
described for limitations of the right to freedom of expression. The The "right to truth" is not explicitly written in any specific provision
right to access information is considered in the case of Gauthier v in the American Convention on Human Rights (ACHR), or in the
Canada. In that case, the UN Human Rights Committee found ICCPR; but as is apparent here, it exists as a result of the other
that, even where information is denied pursuant to a legitimate fundamental rights found within the human rights statutes and
policy aim (in this case, the effective operation of Parliament), the treaties.
scheme for denial of information must be specific, fair and The Court found that society as a whole has the right to be duly
reasonable, transparent in its application, and cannot result in informed of human rights violations, and under the specific
arbitrary denial of information. circumstances of this case, the State was found to have violated
THE RIGHT TO ACCESS INFORMATION- THE "RIGHT TO TRUTH Article 5 (right to security and personal integrity), 8 (the right to a
fair trial), 25 (right to judicial protection), 7(5) (the right to liberty

F
ollowing the transition of Eastern European and Latin and security), and Article 4 (right to life). As stated by the UN SR
American governments from authoritarian to democratic report investigating the right of access to information, limitations
regimes in the 1980s and 1990s, the "right to truth" has on the State's obligation to this collective right can only be
been considered as distinct from the right to access information invoked under very specific circumstances.
and from freedom of expression more generally. SDI Drafted and presented the
Right to Access information
The "right to truth" is a positive obligation imposed on knowledge
bearers. The "right to truth" is not contained in any legally binding Regulation to the Commission

L
human rights treaty or convention but has been acknowledged in ike the Right to Access Information Law, SDI realising the
Human Rights Council Resolution 12/12145 and under Principle 4 lack of capacity, has drafted a Right to Access Information
of Economic and Social Council's Commission on Human Rights Regulation as provided for by the Right to Access
report on the principles for the Protection and Promotion of Human Information Law. With technical assistance from Centre for
Rights through Action to Combat Impunity. Democracy and Rule of Law and financial supports from
National Endowment for Democracy and the British High
The right to truth was borne out of concerns relating to access of Commission, SDI has produced that Regulation to enhance the
information regarding serious human rights violations. For implementation of the Right to Access Information Law.
example, the development of truth commissions following the
transition of some Latin American States to democracy, Copies of the Regulation have been dispatched to the
exemplifies the development of the recognition that the right to Commission and the Minister of Information, even though no
know about human rights abuses and what has occurred is of acknowledgement of it has been received. Also, SDI has sought
public importance. The public interest in the disclosure of date and time for the presentation of the Regulation but has
information relating to the systematic violation of human rights and received no reply from the Ministry of Information and the
humanitarian law and "the obligation of states to take proactive Commission.
Society for Democratic Initiatives 9
 State of The Media Report 2016
THE SIERRA LEONE BROADCASTING Challenges
Despite the progress made so far, the SLBC has some
CORPORATION significant structural, financial and institutional challenges.
The transformed broadcaster, Sierra Leone broadcasting
These challenges should be addressed in order for the public
Cooperation (SLBC), formally inaugurated on 15 June 2010 as a
broadcaster to properly operate.
neutral and independent entity is committed to "providing
information, education, and entertainment and reflect all shades
SLBC still appears as a government controlled tool that is not
of opinion throughout Sierra Leone".
truly representative of the true meaning of a public
broadcaster. It has covered more issues on government, ruling
The transition process was aided with funds and capacity
party and pro government related issues rather than a national
building partly from the Government of Sierra Leone (GoSL) and
entity. There is a growing concern that most news items on the
development partners, notably the UN Peace Building Fund
party and government is given prominence, while only
(PBF), Delivering as One Fund (DaO), United Nations
negative news of the opposition parties are given prominence.
Development Programme (UNDP) and United Nations IPSIL
Even though the management of the SLBC attributes this to
SLBC is governed by a Board of Trustees consisting of
"the lack of public education on the corporation's mandates", it
representatives from Council of Paramount Chiefs, Inter-
is something the public broadcaster should look into. Public
Religious Council, and Women's Forum, the Sierra Leone Bar
perception is very key to the success of a public service
Association, the Sierra Leone Association of Journalists and Civil
broadcaster.
Society-Sierra Leone. The Director-General is ex-officio and
There are also complaints that despite the existence of various
Secretary to the Board. SLBC has regional stations in Kailahun,
sub radio stations and television houses across the country,
Bo, Magburuka, Mamudu, Kenema and Kono.
there is still a shortage offer of better content value. Despite the
extensive television coverage, signals are quite weak.
The Corporation's radio and television programmes, according
to Director-General, Gbanabom Hallowell, have expanded and
The television signal is yet to cover the whole country and is
are structured to meet the benchmark of broadcasting in the
not accessed by millions of people living outside of the major
areas of information, education and entertainment, as well as the
cities of Sierra Leone. Similarly, the provincial radio stations
professional standards set in the Editorial Guidelines.
have limited coverage. In the words of Director Hallowell
Services offered by SLBC include news and current affairs,
"provincial radio frequencies are yet to cover the full range of
entertainment, education, development support, airtime, radio
their designated areas."
and television advertising, website advertising, production
services, special events, outside broadcasting and promotional
The SLBC has also faced maintenance issues. There is an
items."
alarming lack of spare parts for both radio and TV transmitters
Major Achievements
and accessories. This is coupled with the need to train the
engineers in contemporary engineering which has created
The SLBC broadcasting capacity has considerably improved as
occasional disruption in operations and transmission.
follows: Leicester Peak capacity has increased from 250watts to
850watts. Kono, Kailahun, and Magburuka now operate on
Inadequate logistical capacity for effective operations
500watts each. In the words of the Director-General, "installation
particularly the limited number of vehicles at the SLBC head
is being done for studios at the New England Broadcasting
office and lack of vehicles in all their provincial stations at
House and Mamodu in Kono. The most recent station
Makeni, Magburuka, Kabala, Kenema, Kailahun, Kono and
established is operating on 30watts. This means that SLBC now
Mamodu respectively which continues to significantly
has the capacity to broadcast to at least 70% of the country, with
hampered the work of the Corporation.
the main station, FM 99.9 airing to the extreme Northern and
Eastern provinces."
There is need to complete the unfinished Broadcasting House
into a sophisticated IT level operation building that meets
SLBC has also increased the number of professional staffer
contemporary radio and television broadcasting services
working and reporting across the country. The SLBC can now
standards.
professionally cover events and has covered all State openings
of Parliament and debates on the speech to the throne and all
Construction of permanent regional stations with the
major political events, including convention/assemblies. The
sophistication necessary to cover both radio and television
Public Broadcaster has increased on programs like "embarking
broadcasting services in all the regions of the country will
on a one month campaign, depicting the nation's culture, music
greatly enhance the deliverability of the public broadcaster.
and diversity in numerous programmes across the country."
Society for Democratic Initiatives 10
 State of The Media Report 2016
RECOMMENDATIONS obligation under international law
The Government of Sierra Leone
1. The Government of Sierra Leone should allow, 9. The judiciary should adjudicate on the
encourage, protect and promote broader freedom of constitutional challenge case brought by Dr. Julius
expression in Sierra Leone as prescribed under Spencer, challenging the constitutionality of the criminal
international law and the jurisprudence of Constitutional and seditious libels law, which has taken five years waiting
provisions like section 25 of the 1991 Constitution of Sierra for oral hearing.
Leone.
Right to Access Information
2. State of Emergency should be interpreted in a way 10. Government should assist the RAI Commission to
that reflects the letter and spirit of the Law. As it stands, the secure an office to immediately start its operations.
state of health emergency has no provision prohibiting any Without an office space, the RAI Commission exists only in
form of expression, whether relating to Ebola or Ebola name and therefore not able to meaningfully contribute in
related transparency and accountability. implementing the right to information law.

3. President Koroma should uphold the spirit of the 11. RAI Commission needs capacity building for not
IMC Acts that encouraged him to consult SLAJ and appoint just its commissioners, but for public officials on the tenets
SLAJ's nominees on the appointment of the IMC of the RAI Law. Training Information Commissioners and
Commissioners in order to make the IMC more top public servants to properly understand the obligations
representative. and ramifications of the law is key to a successful regime of
RAI in Sierra Leone.
4. Government must ensure that security forces The Ministry of Information and RAI Commission should
understand, respect and protect journalists' rights in Sierra promulgate the RAI Regulation as soon as possible.
Leone. Without the RAI Regulation, proper guidelines would not
be available for operationalizing the RAI Law.
5. Government must support professional
development of the media through effective frameworks and Sierra Leone Broadcasting Corporation
resource allocation where possible Sierra Leone Police 12. The SLBC is a pubic service broadcaster. This
means it is not part of the government information system
6. The Sierra Leone Police has allowed itself to be and must not serve as the mouthpiece of the government.
used by politicians and seeming influential people or party Every sector of society must be given adequate coverage
stalwarts to arrest, detain and intimidate journalists and and interesting programs introduced to ensure wider
other members of the public. The sierra Leone Police needs audience is captured. The management of SLBC should
to act responsibly and professionally, and not just act on therefore work very hard to ensure independence of
instructions from any to muzzle free expression governmental control is ensured.

7. The Police should stop being the instrument of 13. In order to be independent, the management of
SLBC should devise new ways to mobilize resources for
intimidation by politicians to silence the media or violate their
fundamental rights to freedom of expression. An arrest or itself and run independent programs. SLBC should
encourage all views and programs so long as they are paid
invitation to avail oneself to the police should not necessarily
lead to detention at the whims and caprices of a complainant for and do not breach the ethics of reporting. People or
or the powers-that-be. businesses will only advertise with SLBC if they are sure of
audience. Greater audience is earned through a
Public Order Act 1965- Criminal and Seditious Libel semblance of independence.
Laws
8. The obnoxious and draconian laws governing 14. SLBC has faced many challenges, including
criminal and seditious libel law found in Part V of the Public logistical capacity to run the TV, radio and its substations
Order Act 1965 should be reviewed and or expunged to around the country. To be able to maintain its equipments,
bring Sierra Leone up to speed with its free expression there is an urgent need for donor support to lift the SLBC
from its present dilemma.
Society for Democratic Initiatives 11