Legal Constraints

Kenya’s journalists can now get ten years in prison for defamation

Online defamation and fake news are punishable by long jail terms under Kenya’s new Computer and Cybercrimes Act, which President Uhuru Kenyatta signed into law on 16 May. Reporters Without Borders (RSF) condemns its disproportionate penalties as a threat to press freedom. If journalists are convicted of online defamation under the new law, they could be sentenced to up to ten years in prison and fined the equivalent of 42,000 euros, while the intentional publication of false information that “constitutes hate speech” or “negatively affect reputations of others” is punishable by up to…Read more

UK Society of Editors welcomes defeat of Lords data protection amendments

The  UK Society has Editors has welcomed the defeat in the House of Commons of ‘perverse’ amendments to the Data Protection Bill. The clauses, 168 and 169, would have seen publishers forced to pay both sides costs of legal actions brought against them in data protection cases regardless or not of whether they won an action in court. The amendments, previously added to the Data Protection Bill in the House of Lords, were removed during the Committee stage of the Bill’s passing in the House of Commons yesterday. Ian Murray, Executive Director of…Read more

Quebec court orders Radio-Canada reporter to reveal her sources

The Committee to Protect Journalists condemned a Quebec Superior Court ruling that ordered a journalist to reveal her sources. The court ruled yesterday that Marie-Maude Denis, an investigative journalist for the French-language public broadcaster Radio-Canada, must reveal her sources in an ongoing court case in which two politicians from the ruling Liberal Party are charged with corruption, according to press reports. The ruling comes a few months after the Canadian parliament unanimously passed a shield law that allows journalists to protect their sources. In his March 22 ruling, Justice Jean-François Émond argued that…Read more

Bangladesh drafts draconian Digital Security Act

The International Federation of Journalists (IFJ) and the Bangladesh Manobadhikar Sangbadik Forum (BMSF) express serious concerns over the provisions curtailing freedom of expression in the draft of the Digital Security Act 2018. The IFJ demands that the Bangladesh government revise the draft act in accordance with international standards. Bangladesh's Council of Ministers met on January 29, 2018 and approved the draft of Digital Security Act 2018, designed to combat 'growing cybercrimes that are affecting many public and private organisations'. The draft will be now presented to the Jatiya Sangsad - the unicameral parliament…Read more

“Red Pepper” staff arrested in Uganda

UPDATE: On 27 November 2017, the Buganda Road Court charged the Red Pepper editors and directors with seven counts including libel and offensive communication (HRNJ-Uganda). Reporters Without Borders (RSF) calls for the immediate release of eight senior employees of the Kampala-based Red Pepper tabloid, arrested on 21 November, and for the reopening of the newspaper, which was closed the same day. The eight employees arrested during an anti-terrorist police raid on Red Pepper'sheadquarters were directors Patrick Mugumya, Arinaitwe Rugyendo, James Mujuni and Johnson Musinguzi Byarabaha, financial manager Richard Tusiime and editors Ben Byarabaha,…Read more

Three Cameroonian journalists charged with criminal defamation

The Committee to Protect Journalists today called on Cameroonian authorities to immediately halt the prosecution of three journalists after a judge on October 9 changed the charges against them mid-trial. Authorities on October 28, 2014, originally charged the journalists with "non-denunciation" for failing to disclose information and sources to the state that could harm national security under Article 107 of Cameroon's Criminal Code, according to CPJ research. During the October 9 military court hearing, the trial judge charged Félix Cyriaque Ebolé Bola, the sub-editor of the daily Mutations; Baba Wamé, a journalist and…Read more

Pakistani journalist faces terrorism and defamation charges for article critical of regional government

Authorities in Pakistan should drop charges against journalist Shabbir Siham, the Committee to Protect Journalists said today. An anti-terrorism court in Pakistan's northern Gilgit-Baltistan region summoned Siham for a hearing on October 7 on accusations of fabrication and extorting a regional minister in violation of Pakistan's Anti-Terrorism Act, according to news reports and to Saeed Ahmed, the manager of the Islamabad-based Journalist Safety Hub, which provides support and training to at-risk journalists. He also faces charges of defamation under the Pakistan Penal Code, the reports said. According to the news site Dawn, Gilgit-Baltistan…Read more

“Daily Post” publishers ordered to pay US$180,000 in defamation suit

Media Foundation for West Africa (MFWA) An Accra High Court has ordered the publishers of the Daily Post newspaper and its editor, Michael Dokosi, to pay an amount of GHC 800,000 (US$180,000) to a former Minister of State. The verdict follows an action for defamation brought by Hackman Owusu Agyemang, who is currently the Board Chairman of Ghana Cocoa Board, against the newspaper and one Mahama Haruna, an activist of the ruling New Patriotic Party (NPP). Michael Dokosi was found guilty on July 25, 2017 of defaming the former minister and ordered to…Read more

India’s Supreme Court bans reporting judge’s statements

An Indian Supreme Court order banning news media from quoting a judge who accused other senior judges of corruption is a troubling blow to freedom of the press, the Committee to Protect Journalists said today. A bench of the Supreme Court headed by Chief Justice Jagdish Singh Khehar yesterday sentenced CS Karnan, a judge at the Kolkata High Court, to six months in prison on charges of contempt of court and ruled that "no further statements made by him should be reported hereafter." The court in February 2016 stripped Karnan of his powers…Read more

After two-year trial, Ugandan journalists acquitted of criminal defamation

Human Rights Network for Journalists - Uganda The Chief Magistrates Court at Buganda Road has acquitted four journalists of criminal defamation and convicted the source of defamatory information. Madina Nalwanga and Patrick Tumwesigye of New Vision, and Benon Tugumiisirize and Ronald Nahabwe – formerly of Red Pepper – were found not “criminally liable” for what was published and had no intention to defame the complainants. However, the court found the provider of the information, Ssegawa Tamale, guilty. He will be sentenced on 17 March 2017 at 2:00 P.M “I am convinced by the evidence of A2…Read more