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GAMBIA: A MINIMUM FINE OF D50,000 IS IMPOSED ON OFFENDERS FOR FALSE PUBLICATION AND BROADCASTING

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National Assembly members have decided to keep Clause 154 of the Criminal Offences Bill 2020 under review. People found guilty of false publication or broadcasting will be fined no less than fifty thousand dalasis (D50,000).

The provision defines anyone who deliberately, carelessly, or willfully releases information they have no reason to think is truthful, via any media, as guilty. Should conviction follow, the perpetrator will be fined fifty thousand dalasis (D50,000) to two hundred fifty thousand dalasis (D250,000), or a one-year jail, or both.

The section also says that unless it can be demonstrated that reasonable actions were taken to confirm the authenticity of the news or information, an accused person’s claim of ignorance of the inaccuracy of the material is not a legitimate defense.

But Hon. Yahya Sanyang, National Assembly Member for LatriKunda Sabiji, suggested the clause be deleted since it runs counter to democratic values.

“People can use this against each other, even politically. I will therefore ask the National Assembly to totally remove this specific section from the law since it is not progressive at all.

Other members rejected Hon. Sanyang’s suggestion, supporting the retention of the clause despite his protests.

Responding, Hon. Fabakary T. Jatta, the Speaker of the National Assembly, underlined the need of stopping the dissemination of misleading information independent of individual responsibility or political inclination.

The Assembly finally opted to keep the clause following a contentious debate.

By eliminating obsolete clauses including those that impede freedom of expression, such criminal defamation and sedition, the bill seeks to update the criminal justice laws of the nation.

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