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Government Blocks WhatsApp as “Shutdown Zimbabwe” Protest Takes Place

Felicia Anthonio
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Government Blocks WhatsApp as “Shutdown Zimbabwe” Protest Takes Place

This statement was originally published on misa.org on July 6, 2016.

As MISA-Zimbabwe monitors the enjoyment of media freedom and freedom of expression during the ongoing protest dubbed ShutDown Zimbabwe, it is gravely concerned with the apparent disabling of the WhatsApp platform since the morning of 6 July 2016.

The platform had become the main communication tool Zimbabweans were using to mobilise and share information on the protest.

MISA-Zimbabwe condemns this brazen violation of citizens’ right to freely express themselves and access information through communication platforms of their choice as guaranteed in the constitution.

By blocking the popular information sharing tool, Zimbabwe now joins a growing list of despotic regimes that resort to such cowardly acts when faced with growing citizen dissent.

While it is still to be ascertained whether the blockage was at the behest of the government, threats issued against citizens using social media to express themselves during the protest raise suspicions on its culpability.

This is further buttressed by the deafening silence on the part of Internet Service Providers (IPS), mobile network operators and the government on what exactly is transpiring.

As the ongoing strike by government workers commenced, the state-run Chronicle newspaper on 6 July 2016 reported Information Communication Technology, Postal and Courier Services Minister Supa Mandiwanzira warning citizens against sending subversive messages on social media.

Mandiwanzira warned that government can track origins of messages on Over the Top services and that “those found on the wrong side of the law would be brought to book”.

These disturbing pronouncements are a repeat of similar threats issued by President Mugabe and Mandiwanzira a few weeks ago against the use of social media to communicate what government deems unpalatable.

MISA-Zimbabwe calls on all relevant authorities and internet service providers to desist from eroding citizens’ rights to freedom of expression and access to information in violation of the country’s constitution and regional and international instruments on the promotion of civil liberties Zimbabwe is a state party.

Failure to uphold state obligations clearly spelt out in these instruments can only affirm perceptions that Zimbabwe is a rogue state with complete disregard for human rights, essential for promoting the dignity and well being of its citizens.

AFEX Urges Sudanese Government to End Massive Crackdown on Free Speech

Felicia Anthonio
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AFEX Urges Sudanese Government to End Massive Crackdown on Free Speech

The African Freedom of Expression Exchange (AFEX) is deeply concerned about the continued wave of attacks on freedom of expression in Sudan.

Series of press freedom violations have been recorded in Sudan over the past years. Some of these violations include arbitrary arrest and detention of journalists and media professionals, confiscation of publications belonging to media organisations and suspension of media houses.

Seizure of publications of newspaper organisations a common tool used by Sudan’s national security agency, the National Intelligence and Security Services (NISS) to stifle free speech in the country. Publications which are deemed by the NISS to violate the provisions of the 2009 Press and Publication Act are often confiscated. The 2009 Press and Publications Act allows the NISS to censor content of newspapers before publication. Newspapers which express views that are contrary to the stance of the government on topical issues are mostly targeted by the NISS.

In 2014, the NISS confiscated publications of 35 newspaper organisations in Sudan, according to US-based Freedom House. Though no official reason was given for the confiscations of the publications, it was reported the newspapers discussed corruption within the government sector.

Aside these confiscations, another censorship strategy adopted in 2014 by the NISS, was the suspension of newspapers and arbitrary detention of journalists. In May 2014, the NISS revoked the license of Al-Saiha newspaper for a month following a series of publications on corruption within the public sector. In addition, the NISS interrogated 13 of the paper’s journalists regarding the said publications. In June 2014, a journalist, Hassan Ishaq, working with privately owned newspaper, Al-Jarida, was arrested and detained three months without trial for broadcasting the speech of an opposition leader. Ishaq reported being tortured and being denied medical treatment while in detention. [i]

Despite the series of violations recorded in 2014 which were mainly perpetrated by officials of the NISS, the Sudanese Parliament, in January 2015, amended the National Security Act (NSA) 2010 and conferred on the NISS more powers. The amendment extended the mandate of the NISS from an intelligence agency which was hitherto, responsible for information gathering, analysis and advise to an independent security agency.

With the coming into force of the amended NSA 2010, the NISS has the power, among others, to arbitrarily detain journalists, human rights defenders, lawyers and citizens for a period of over four and a half months without judicial review/trial if they (NISS) deem their work to be critical of the government.  The NISS also has power to seize and confiscate property of citizens.

A month after the amendment, (February 2015), the NISS confiscated publications of 14 organisations, the highest monthly record from January 2014 to December 2015. There was no official reason given by the NISS for this unfortunate incident. [ii]

By April 2015 (election month), the NISS had confiscated newspapers belonging to over 15 media organisations, on 42 different occasions. [iii]

A month after the country’s general elections (May 2015), publications belonging to 10 newspaper organisations were again confiscated by the NISS.  Four of the 10 organisations were later suspended indefinitely. [iv]

In June 2015, publications of nine newspaper organisations were also seized.

By end of December 2015, the NISS had confiscated publications belonging to over 50 organisations. Some of the newspaper organisations suffered more than one incident of confiscation. For instance, publications belonging to the Al-Tayyar newspaper were seized 15 times by December 15, 2015.

This seems to suggest that the amendment of the NSA 2010 has emboldened the NISS to perpetrate more free expression violations. In 2014, prior to the amendment, the NISS confiscated publications of 35 organisations. The incidents and frequency of confiscations however increased significantly in 2015 where publications of over 50 organisations were seized.

Other violations perpetrated by the NISS in 2015 included;  the suspension of the Al-Tayyar newspaper on December 15, 2015 and the arrest and detention of Chief Editors of Al-Tayyar and Al-Saiha newspapers, Osman Marghani and Ahmed Yousef El Tay respectively on the same day (December 15). They were accused of publishing false news and undermining the country’s Constitution. [v]

Unfortunately, the clampdown on free speech in Sudan continues.

Between January and June 2016, the NISS has confiscated publications belonging to over 12 organisations. Most of the affected organisations have suffered more than one confiscation at a time.

 Some of the recorded violations in 2016 include the confiscation of publications belong to:

  • El Ayam and El Mustaqilla (March 27, 2016)
  • El Taghyeer newspaper (April 12 – 13, 2016)
  • Al-Saiha newspaper (April 17 – 18, 2016)
  • Akhir Lahza daily newspaper (April 22 – 24, 2016) [vi]
  • Al-Taghyeer, Al-Saiha and Akhir Lahza ( May 10 – 11, 2016)
  • Algareeda newspaper ( between May 9 – 13, the publications of the paper were seized five times)
  • Alwan newspaper (May 30 – 31, 2016) [vii]
  • Akir Lahza newspaper (June 20, 2016) [viii]

So far, the NISS has not made known the rationale for the confiscation of the publications of the above mentioned newspapers. However, according to media reports, most of the affected newspapers have been confiscated because they refused to muzzle their content in accordance with the NISS directive.  These confiscations and other freedom of expression violations do not only cow free expression but also have serious financial ramifications for the sustainability of the media organisations.

Sadly, the NISS continues to enjoy immunity as guaranteed by Sudanese law. According to the amended NSA 2010, officials of the NISS are immune to prosecution for any act committed against citizens “in the course of their work” or “in good faith.” This has resulted in a pervasive culture of impunity in Sudan.

AFEX calls on the President of the Republic of Sudan, H.E. President Omar Hasan Al Bashir, to intervene to stop the deteriorating human rights situation in Sudan. We also urge the Sudanese Parliament to review the extensive powers of the NISS which are inconsistent with the government’s obligation to promote and defend free speech as guaranteed by the Constitution of Sudan.

 

[i] https://freedomhouse.org/report/freedom-press/2015/sudan

[ii] http://globaljournalist.org/2015/02/sudan-seizes-copies-14-newspapers/

[iii] https://www.amnesty.org/en/latest/news/2015/04/sudan-government-stifling-media-and-civil-society/

[iv] https://www.dabangasudan.org/en/all-news/article/security-gags-el-sudani-newspaper-over-pollution-report

[v] https://www.defenddefenders.org/country-profiles/sudan/

[vi] https://www.dabangasudan.org/en/all-news/article/niss-confiscates-sudan-daily-again

[vii] http://www.sudantribune.com/spip.php?article59136

[viii] http://www.sudantribune.com/spip.php?article59348

Regional Court Grants Permission to 20 Organizations to Join Criminal Defamation Case

Felicia Anthonio
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Regional Court Grants Permission to 20 Organizations to Join Criminal Defamation Case

This statement was originally published on hrnjuganda.org on July 1, 2016.

The struggle to strike off criminal defamation from East African statute books was on Tuesday 28 June 2016 enhanced by the regional court in Arusha Tanzania.

Five judges of First Instance Division of the East African Court of Justice (EACJ) agreed to accept the application of twenty media and human rights organization within Uganda and outside, to be party to a case challenging criminal defamation.

The judges led by the Principal Judge, Honorable Justice Monica K. Mugenyi noted the matter before them dictates the court benefit from the twenty organizations’ expertise as they determine the matter before them. “We do therefore allow this application and hereby grant the Applicants leave to be joined as amici curiae in Reference No. 16 of 2014”, said Honorable Justice Audace Ngiye who read the ruling.

“The amici curiae (friends of court) are hereby granted leave to submit a joint Amicus Brief (friendly submission) in writing in Reference No 16 0f 2014 within such a time frame as shall be directed by the court. The Amicus Brief shall be restricted to issues within the amici curiae’s mandate and of specific relevance to the Reference aforesaid,” the judges said.

Media Legal Defence Initiative, a United Kingdom media rights organization, and 19 others in June 2015, applied to be added as party to a matter filed by a radio journalist, Ronald Ssembuusi seeking to stop the Ugandan government from applying section 179 and 180 of the Penal Code Act that creates the offence of criminal defamation.

In June 2015, the UK based organization, 19 national and international organizations applied to be allowed as friends of court in the matter of a Ugandan journalist, the late Ronald Ssembuusi. The reference is challenging the continued use of criminal defamation in Uganda. Other organizations are: Africa Freedom of Information Centre,  Article 19 Eastern Africa, Centre for Human Rights of the University of Pretoria, Centre for Media Studies and Peace Building, Centre for Public Interest Law, Committee to Protect Journalists, Foundation for Human Rights Initiative, Freedom of Expression Institute, Ghanaian PEN Centre, Human Rights Network-Uganda, Media Council of Tanzania, Media Rights Agenda, Media Institute of Southern Africa,  Pan African Lawyers Union,  PEN International, PEN Sierra Leon, PEN South Africa, PEN Uganda and World Association of Newspapers and News Publishers.

Last year in November the court granted permission to Special Rapporteurs on freedom of expression Faith Dikeledi Pansy Tlakula of AU and David Kaye of UN, to be part of the case.

The judges said that the court will benefit from the organizations expertise “in the issues under scrutiny in the substantive” case before court. They noted that the court will be at liberty to disregard their advice if it seeks to influence the case.

“It seems to us, therefore that whereas an amicus curiae must of necessity have some semblance of interest in a matter that would motivate it to apply to be joined therein in the first place, courts are at liberty to disregard amicus briefs that seek to influence the final outcome or attempt to persuade the court one way or another. For present purposes therefore, should this Court deduce a biased, irrational and un-researched premise for the positions advanced by the Applicants, it would be at liberty to sever its friendship with them and disregard the amicus brief,” the judges stated in their ten page ruling.

They noted that a ‘friend of court’ assists the court by providing information so that the court does not fall into errors, but does not seek to influence the final outcome or attempt to persuade the court to adopt a particular view, whether or not he has a direct interest in the matter outcome.

Senior State Attorney, Jeffrey Atwiine in November 2015 opposed the application by the 20 organizations on grounds that they have an interest in the matter before court and are working so to eliminate criminal defamation.

“We are completely dissatisfied by the ruling. We are going to appeal. The organizations in this matter are inherently biased and there are quite a number of issues the judges ignored. These organization are better suited to join as interveners not as amicus curiae,” Atwiine said after the ruling. Rule 77 of the EACJ Rules of Procedure allows anyone to appeal any judgment or order of the First Instance Division of the Court on three grounds: points of law, lack of jurisdiction and procedural irregularity.

Donald Deya, the Chief Executive Officer Pan African Lawyers Union and a human rights lawyer based in Arusha Tanzania, said the ruling was solid, well-reasoned and a good precedent which “should be followed by the national courts” within the East African Community. He said EACJ has taken a progressive approach regarding Amicus Curiae matters. He wondered why the Uganda Attorney General want to appeal such a ruling.

“We are happy about this development as it will enable court reach a more informed decision. Defamation has turned out to be the most used charge against journalists involved in investigative and independent critical journalism,” said Robert Ssempala the National Coordinator Human Rights Network for Journalist.

The President of the Uganda Law Society, Gimara Francis represents the 20 organizations while Catherine Anite and Nicholas Opiyo represent the late Ronald Ssembuusi.

On December 2nd 2014, Ronald Ssembuusi, a radio journalist, petitioned the East African Court of Justice in Arusha Tanzania challenging the continued use of sections 179 and 180 of the Penal Code of Uganda which provides for the offence of criminal defamation claiming that it violates the Treaty for the Establishment of the East African Community. Ssembuusi died a few weeks after filing the reference. The rules of the court provide that the death of a party does not stop the matter but a representative must be appointed.

The case is before five judges, led by the Principal Judge, Hon. Justice Monica K. Mugenyi. Others are Deputy Principal Judge Isaac Lenaola, Hon Justice Faustin Ntezilyayo, Hon Justice Fakihi A. Jundu and Hon Justice Audace Ngiye.

Of recent there has been intensified use of criminal defamation laws in Uganda, arresting, detaining and charging journalists. According to HRNJ-Uganda over (15) fifteen journalists have pending criminal defamation charges. Most of the complainant’s are government officials with power as well as influence and business tycoons. In June 2016, a Red Pepper journalist, Sadat Waliggo based in Lyantonde was charged with criminal libel and remanded in prison where he spent two nights. He was released on court bail. Prosecution alleges that he defamed the Resident District Commissioner, Sulaiman Tugaragara Matojo Ssalongo.

Guinea: Presidential Guards Beat up Reporter, Destroy his Equipment

Felicia Anthonio
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Guinea: Presidential Guards Beat up Reporter, Destroy his Equipment

This statement was originally published by mfwa.org on June 29, 2016.

Abdoul Malick Diallo, a reporter with the private weekly Le Populaire in Guinea was pounced on and assaulted on June 25, 2016 by a group of presidential guards.

The incident occurred when the journalist took a photo of President Alpha Condé of Guinea who was then leaving the headquarters of the ruling RPG Arc-en-Ciel party in Conakry. The presidential guards immediately pounced on  Diallo and beat him up with their fists and rifle butts. The guards destroyed his camera and recorder in the process.

The heavily armed men then forced the journalist into their van and drove him off to their base where they subjected him to further brutalities before releasing him some hours later.

“They thrashed me with their rifle butts, assailed me with insults and called me all manner of names,” narrated the journalist, who is reported to be in stable condition for the moment.

On June 29, 2016, press unions in Guinea issued a statement condemning all forms of violence against journalists. The statement signed by Moussa Condé, president of the Guinea private press editors’ association, said the group was considering suing for “destruction of equipment and assault and battery against a journalist in the line of duty.”

The MFWA equally condemns the assault on  Diallo and calls on the RPG- Arc en Ciel Party leaders, as well as the presidency, to investigate the matter and ensure that the journalist gets due remedy for the violation of his rights and destruction of his equipment.

This is the second time in four months that a journalist has been attacked at a political party headquarters in Guinea. On February 5, 2016, El Hadj Mohamed Diallo, reporter for the news website Guinée7 was shot dead while covering a stand-off between two factions of the opposition Union des forces démocratiques de Guinée (UFDG) party in Conakry.

We therefore, call on political parties to take appropriate measures to protect journalists covering their events.

Nigeria: Prison Official Assaults Journalists

Felicia Anthonio
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This statement was originally published by mfwa.org on June 29, 2016.

On June 28, 2016, a prison official, A. A. Teriba, assaulted some journalists who attempted to take photographs of a convicted armed robber, Femi Adebowale, who was sentenced to death by hanging by a Lagos High Court sitting in Ikeja.

The MFWA’s correspondent in Nigeria reported that while Bisi Onanuga, a journalist with The Nation newspapers was trying to take a photograph of the convict who was being led out of the court, Prison officer Teriba pounced on him and ordered him to hand over his mobile phone which he was using to take the photograph.

Officer Teriba reportedly punched Onanuga’s on the chest and tore his shirt.

In order to prevent Teriba from seizing his phone, Onanuga passed the mobile to one Gbenga Adewoye, a journalist with Africa Independent Television. On seeing the phone being passed on to Adewoye, Teriba shifted his aggression to Adewoye whom he punched severally on the chest in an attempt to forcibly seize the phone from him.

It took the intervention of the Director, of  the Directorate of Public Prosecution (DPP), Idowu Alakija, to bring the situation under control.

According to news reports, Teriba had two weeks before the incident, assaulted a correspondent of Federal Radio Corporation of Nigeria (FRCN), Wahab Akinlade, when he took the photograph of one Alhaji Nojeen Abioye, who is standing trial for alleged murder and manslaughter.

The MFWA condemns the attack on journalists by Teriba and calls on the Nigerian Prison Service to call Officer Teriba to order and sanction him for his constant assault on journalists.

Niger: TV5 Correspondent Banned by Government

Felicia Anthonio
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Niger: TV5 Correspondent Banned by Government

In a letter dated June 21, 2016, the Nigerien Minister of Communication, Amina Moumouni, accused Nathalie of “failure to respect the letter and spirit of Law 2010-035 of June 4, 2010, which regulates media practice in Niger.”

Her accreditation has consequently been withdrawn with immediate effect.

No formal announcement has been made to provide details about events that might have led to the ban. However, it is widely believed that the decision is related to an article by the journalist on a June 4 2016 attack by Boko Haram on the city of Bosso, some 1000 km from the capital. The journalist had raised questions about the technical and material capacity of the Niger army to defeat the Boko Haram rebels.

In an article published on the website of the French daily Le Monde, she said the Bosso attack had exposed “the weakness of the army.” She continued that “the soldiers, mostly very young and fresh from school, fled the battle field, leaving behind a town exposed to plunder and abandoning a large stock of weapons of war.”

In the same article, Nathalie reported the arrival of Chadian troops to support Niger’s war effort as well as the presence of the black flags of Boko Haram in Bosso, reports that the government vehemently denied.

The MFWA correspondent in Niger said the authorities have been rattled by Nathalie’s reports which suggest that the army’s campaign against the terror group is floundering.

Nathalie, a French national, has been living in Niger for about fifteen years where she has been very active as a media professional and social worker. She is a voluntary instructor at the Institut de Formation aux Techniques de l’Information et de la Communication (IFTIC), an information and communication training institution where she has helped train many Nigerien journalists.

The MFWA believes this matter falls within the purview of the national media regulatory body which is mandated to deal with breaches of the professional code. We therefore call on the government of Niger to desist from such actions that have the potential to intimidate the media. We also advise the media in Niger to continue to exhibit professionalism at all times.

Find a copy of the letter addressed to the journalist here.

Niger: Social Media Activist Sentenced for Facebook Comment

Felicia Anthonio
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Abdoul Moumouni Ousmane, a social media and civil society activist in Niger, has been given a six month suspended sentence by a High Court in Niamey for criticising the government’s response to the Boko Haram insurgency in the country via Facebook.

The court also imposed a fine of fifty thousand Francs (about 100 dollars) on Abdoul Moumouni, who is also the President of Cadre d’Action pour la Démocratie et les Droits Humains, a human rights group.
The MFWA correspondent in Niger reports that Abdoul Moumouni’s conviction on June 23, 2016 followed his forthright criticism of the government after a deadly Boko Haram attack on June 4, 2014, on the town of Diffa in Niger’s Lake Chad region.

Like most Nigeriens, Moumouni joined the intense debate on social media about the terrorist attack and the government’s anti-terror strategies. The activist wrote on his Facebook page that with regard to the war against Boko Haram, the government of President Mahamadou Issoufou had failed woefully.
Abdoul Moumouni was subsequently arrested on June 14, 2016 and kept in custody in Niamey’s remand prison. On June 19, 2016, he appeared in court charged with “organising a conspiracy to overthrow a constitutional order.” The prosecutors asked for a six-month jail term, but the court eventually pronounced a six-month suspended sentence on June 23.

This is the second time in three days that the authorities in Niger have muzzled free speech on the subject of Boko Haram. On June 21, the TV5 correspondent in Niger Nathalie Provost, was banned by the government for making similar observations in her reports about the war.

Lawyers for Abdoul Moumouni have indicated that they will appeal the decision which they call “excessive and hostile to freedom.”

The MFWA is alarmed at the Nigerien authorities’ increasing intolerance of concerns raised by civil society about the Boko Haram phenomenon and the government’s handling of the situation.

The MFWA finds the prosecution of the civil society activist high-handed. As a citizen, Abdoul Moumouni has a constitutional right to comment on the war against Boko Haram. We therefore call on the authorities to withdraw the charges against the activist and strike out the conviction.

Guinea: Radio Host, Caller Sentenced for Remarks about President

Felicia Anthonio
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0

The statement was originally published by mfwa.org on June 26, 2016.

The host of a popular radio programme on Milo FM in Guinea, Bouya Kebé, was on June 22, 2016 fined one million Guinean Francs (about US$ 115) after a listener called in to make a remark judged to be insulting of Guinean President Alpha Condé.

The caller, Mohamed Nabo, was also sentenced in absentia to one year in prison. The court also issued a warrant for his arrest.

The MFWA correspondent in Guinea reported that the Governor of Upper Guinea province (where the radio station is located), Nawa Dramé, brought the action against the two after Nabo criticised President Condé during the June 6, 2016 edition of the programme dubbed “an gnafô” (we are speaking about it).

Following the suit filed by Governor Dramé, Kebé, was charged with “complicity in insulting the Head of State” while Nabo was charged with “insulting the Head of State.” On June 22, a Magistrate’s Court found both of them guilty.

After the trial, the journalist, who did not have a counsel present in court, told the media that he would comply with the ruling, although he found the charge to be “ridiculous.”

Media organisations in Guinea have heavily criticised the ruling and called on the national media regulatory body, Haute Autorité de l’Audiovisuel et de la Communication (HAAC), to assume its responsibilities as the overseer of ethical issues in the media.

The MFWA joins its voice to the calls for the HAAC to be proactive in dealing with any perceived breaches of the code of ethics to prevent politicians from intimidating the media through legal suits. We also wish to urge hosts of radio programmes to disallow indecent expressions on their platforms.

Nigeria: Militants Attack Radio Station

Felicia Anthonio
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0

The statement was originally published by mfwa.org on June 26, 2016.

On June 23, 2016, individuals suspected to be Niger-Delta militants  armed with guns and other dangerous weapons invaded the premises of Rhythm FM Radio/Silverbird Television stations in Yenagoa, the Bayelsa State capital in South-south Nigeria.

The MFWA’s correspondent in Nigeria reported that the militants went to the media organisation to look for two executive members of the IYC, Wisdom Ikuli, and Mike Edounkimor who were guests of a live radio programme, Talk of the Town, anchored by Lishman Onisodemuya.

The militants reportedly broke into the studio of the radio station, interrupted the programme and dragged out the  Ikuli, and Edounkimor, who were the guests of the programme.

The militants caused panic as they shot sporadically into the air and forced employees in both the radio and television studios of the Silverbird Group to scamper for safety.

The militants also robbed employees of the radio station of their money, mobile phones and other valuables.

As a result of the chaos they caused, the radio studio was temporarily shut down.

The MFWA appeals to the Nigeria Police Force to investigate the incident and ensure that the culprits are brought to book.

Closure of Private Newspaper in Zambia, Unacceptable – AFEX

Felicia Anthonio
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0
Closure of Private Newspaper in Zambia, Unacceptable – AFEX

The African Freedom of Expression Exchange (AFEX) joins the Media Institute of Southern Africa (MISA) to express its deepest concern over the closure of The Post newspaper in Zambia.

The Zambian Revenue Authority (ZRA) on June 21, 2016 closed down The Post newspaper Limited, demanding that the company pays a total of K68 million (US$6.1 million) in disputed tax arrears.

The media is an important tool in fostering participatory democracy and building strong public institution. As Zambia goes to the polls in August 2016, the media is expected to play a critical role in public discourse. Closing the newspaper is therefore a backward step in Zambia’s democracy.

AFEX finds the decision of the ZRA to close down the paper as hasty and an affront on press freedom. We urge the tax authorities to allow the paper to operate while the issue is resolved. We also call on the Zambian Government to intervene in the matter and ensure the immediate return to the stands of the paper.

MISA Zambia Saddened by Closure of The Post Newspaper

Felicia Anthonio
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MISA Zambia Saddened by Closure of The Post Newspaper

This article was originally published on misa.org June 23, 2016.

MISA Zambia is concerned with the closure of The Post Newspaper by the Zambia Revenue Authority (ZRA) as the action is an assault to democracy and against media freedom.

The Zambia Revenue Authority on Tuesday 21st June, 2016 closed The Post Newspaper Limited, demanding that the company pays a total of K68 million (US$6.1 million) disputed tax arrears immediately.

Closing the Post will not punish the owners but its readers as the paper has immensely contributed to the maintenance of a pluralistic society in which different views, even those considered to be critical and dissenting have been accorded space.

It must be stated that freedom of the media and freedom of expression are core principles of democracy where free, diverse and independent media constitute the cornerstone of a democratic society by facilitating free flow of information and principles of transparency and accountability.

While media institutions, like other entities, need to be up to date with their statutory obligations, it is expected that they are treated in a fair manner and accorded a chance to be heard where disputes are raised following due process.

It is also important to uphold the principle of non-discrimination in tax issues and it is expected that the same treatment given by the ZRA to The Post should be extended to other media outlets that are owing the authority.

There is evidence to suggest that The Post is not the only media house that has tax problems in Zambia which clearly shows that the closure of the Post is political move that is beyond tax issues as alleged.

MISA Zambia therefore appeals to government to stop harassing the Newspaper so that it continues with production as the move to close the Post will have an effect on the employees who have now been sent out of employment.

Uganda: Journalist Remanded Over Criminal Defamation Charges

Felicia Anthonio
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0

This statement was origninally published on hrnjuganda.org on June 21, 2016.

Waligo Sadati a journalist with Red Pepper, based in Lyantonde District has today 21st June, 2016 been remanded over criminal defamation charges. He was remanded to Kakondo prison until Thursday 23rd June, 2016, by Lyantonde Grade One magistrate Muyinda Tadeo. Sadati is accused of defaming the Lyantonde Resident District Commissioner, Sulaiman Tugaragara Matojo. Prosecution, alleges that Sadati on 17th January, 2016, published a defamatory statement against Matojo in Kamunye newspaper.

On the other hand, Buganda Road Chief Magistrate, Karemani, continued hearing another criminal defamation case in which four journalists, Ronald Nahabwe and Benson Tugumisirize of the Red Pepper, Madina Nalwanga and Patrick Tumwesigye of the New Vision are accused of defaming Kampala business men, Ephraim Ntaganda and Drake Lubega.

The Police Investigating officer, James Kalibuliro, while being cross examined by the journalist’s lawyers said he does not “recall” what he recorded in his statement, when asked to recollect what he wrote in his statement. Asked further whether he found it necessary to investigate land grabbing claims as reported in the newspapers, he said no.

He told Court that Ntaganda the complainant told him that the allegations that appeared in the newspapers were false. On the basis of Ntaganda’s information and the newspaper Articles, he arrested the journalists. Asked whether he verified who has the responsibility of publishing articles in the newspapers, he said it was the accused persons responsible not the news. Pressed further on whether it was the accused persons responsible for publishing Newspapers Articles, he said it was the media houses.

The case was adjourned to 15th July, 2016 for further cross examination.

“We are concerned about the escalating criminal defamation charges against journalists. We believe that the journalists are deliberately targeted. We condemn such practices and call upon police to respect media freedom,” said the HRNJ-Uganda National Coordinator, Robert Ssempala.

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