Media laws at Gambia
The media landscape in Gambia has undergone significant changes in recent years, particularly since the departure of former President Yahya Jammeh in 2017. Under Jammeh’s authoritarian rule, the media was tightly controlled, with numerous restrictions on press freedom. However, since the election of Adama Barrow as president in 2017, there has been a movement toward greater press freedom and media reforms.
Here is a detailed overview of the media laws and the press environment in Gambia:
1. Constitutional and Legal Framework
a. Constitution of The Gambia (1997, revised)
Article 19 of the Constitution guarantees freedom of expression, including freedom of the press, and the right to access information. It also allows individuals to express their opinions without interference from the government, as long as they do not violate laws protecting national security, public order, or morality.
Despite these protections, the Constitution also allows for restrictions on press freedom, such as limitations for the protection of national security, which can sometimes be used to justify censorship.
b. Freedom of Information Act (2013)
The Freedom of Information Act (FOIA) was passed in 2013, offering the right to access public information. However, its implementation has been inconsistent, and journalists still face challenges in accessing public records and information.
The law gives citizens and journalists the right to request information from government bodies, but enforcement of the law has been slow and often hindered by government resistance.
2. Key Media Laws and Regulations
a. The 2004 Information and Communication Act
The Information and Communication Act (2004) provides a legal framework for the regulation of broadcasting and telecommunications. It governs media outlets and gives the Gambia National Broadcasting Corporation (GNBC) the power to regulate broadcasting services.
While the law aims to ensure fair competition in the media industry, it also empowers the government to exercise control over broadcasting and media outlets, particularly with regard to political content.
b. The Criminal Code
The Gambian Criminal Code contains provisions that restrict media freedom. For example:
Defamation: The code criminalizes defamation of the President, public officials, and other individuals, and journalists can face legal consequences for publishing defamatory content.
Sedition: The code also criminalizes “sedition,” which refers to actions or speech that could incite public disorder or undermine the authority of the government. This law has been historically used to suppress critical voices and opposition.
c. Broadcasting Law
The Gambia Radio and Television Services (GRTS) Act regulates state-run broadcasting and mandates that media outlets provide balanced and fair coverage, while also allowing the government to control the content.
The government controls most radio and television stations, and the state broadcaster, GRTS, is seen as a mouthpiece for the government. However, private media outlets now operate, and there is a growing push for media diversity.
d. Cybercrime Law (2013)
The Cybercrime Law makes it an offense to use the internet for actions that could undermine national security or public order. This law has raised concerns about internet censorship and the potential criminalization of online expression.
Although the law includes provisions against online defamation and cyberbullying, its broad language has been criticized for its potential to be used against journalists and activists who report on sensitive political issues.
3. Government Control and Media Landscape
Under the long rule of Yahya Jammeh, the Gambian media was subjected to extensive state control, and many independent outlets were either shut down or forced into self-censorship. During this time, several journalists were harassed, jailed, or forced into exile for criticizing the government.
Since President Adama Barrow came to power in 2017, the media landscape has gradually improved, although challenges remain.
a. State-Controlled Media
Gambia National Broadcasting Corporation (GNBC): The GNBC is the state broadcaster, and it continues to operate under government influence. The government controls both radio and television broadcasting and is often accused of using state media to promote its own interests.
Gambia Radio and Television Services (GRTS) is a primary platform for government propaganda and official statements.
b. Private Media
Private media has slowly emerged in Gambia since the end of Jammeh’s reign. Newspapers, radio stations, and online platforms have become more diverse, but there are still several constraints:
Private television and radio stations are operational, but they are subject to licensing and regulation by the government.
Journalists face occasional threats, and some media outlets remain cautious about covering sensitive political topics due to fears of government backlash.
c. Challenges for Journalists
Despite improvements, journalists still face intimidation, harassment, and legal threats.
Defamation and sedition laws continue to be used to silence journalists who criticize the government, and some have been arrested or detained for their reporting.
Journalists often practice self-censorship, especially on topics involving the president, government officials, or corruption.
4. Media Freedom and Press Freedom Ranking
Freedom of expression has significantly improved under the current government, but press freedom remains fragile. Reporters Without Borders (RSF) has reported that although there have been improvements, Gambia remains fragile in terms of media independence.
Reporters Without Borders (RSF) ranked Gambia 123rd out of 180 countries in its 2023 Press Freedom Index, indicating some progress since Jammeh’s departure but still considerable challenges in terms of press freedom.
Freedom House also rates Gambia as "Partly Free", noting that although the government has made some strides in liberalizing the media environment, there is still a significant government influence over the media.
5. Social Media and Internet Freedom
Social media is widely used in Gambia, with platforms like Facebook and Twitter being popular for political discourse and activism. However, online censorship and government monitoring are still concerns.
The Cybercrime Law gives the government the ability to restrict online content deemed harmful or a threat to national security.
Internet freedom has improved since 2017, and internet access is widespread, but the government still exercises surveillance over online activities, especially those critical of the regime.
6. Press Freedom Challenges
While greater political freedom has allowed more independent media outlets to emerge, challenges remain:
Harassment and threats: Journalists, particularly those investigating corruption or human rights abuses, continue to face intimidation.
Self-censorship: Fear of government retaliation leads to cautious reporting on sensitive political topics.
Legal action: Journalists continue to face legal threats, including defamation suits and criminal charges for content deemed harmful to national security.
✅ Summary Table
| Category | Status |
|---|---|
| Constitutional Guarantees | Freedom of expression is guaranteed, but with restrictions |
| Private Media | Emerging, but faces government control and threats |
| State-Controlled Media | Dominates the broadcasting landscape |
| Media Censorship | Occasional censorship, especially for sensitive political content |
| Cybercrime Law | Restricts online expression under the guise of national security |
| Press Freedom Ranking | Improving but still fragile (Ranked 123rd by RSF in 2023) |
| Legal Environment | Legal actions continue to intimidate journalists |
| Self-Censorship | Common, particularly on sensitive topics |
📝 Conclusion
While Gambia has made significant strides toward greater media freedom since the departure of Yahya Jammeh, press freedom remains limited, with journalists and media outlets still facing various legal, political, and economic pressures. Government censorship, defamation laws, and the Cybercrime Law continue to create a challenging environment for journalists, though there is a growing diversity of media outlets and greater room for free expression.
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