-Resubmitted Bill to decriminalize free speech named in his honour
President George M. Weah has remembered the numerous advocacy done by late and former President of the Press Union of Liberia, Kamara Abdullah Kamara and has presented a bill that will be named in his name.
In a unique move, Liberian leader has resubmitted to the National Legislature a Bill to decriminalize free speech naming it after the late Press Union of Liberia (PUL) President Kamara Abdullai Kamara.
With modifications, the Executive Mansion said on Tuesday that President Weah resubmitted the Bill to repeal some sections of the Penal Law of Liberia in an effort to decriminalize free speech and create a freed media environment in Liberia.
In his communication to the Liberian legislature, the President said that the Bill seeks to amend Chapter 11 of Penal Law of 1978, repealing Sections 11.11 on criminal libel against the President; 11.12 on Sedition and 11.14 on criminal malevolence.
11.11. Criminal libel against the President states that “A person has committed a first degree misdemeanor if he exposes to the public any writing, or makes any public broadcast, in which he has accused the incumbent President of the Republic of Liberia of conduct which constitutes the commission of a crime, provided, that at the time of such publication: (a) The conduct charged is untrue and the actor knows it to be untrue; and (b) The purpose of the actor is to thereby injure the President in his reputation.
As used in this section,
(a) “Writing” means any writing, written production, engraving, drawing, or effigy of the President; and (b) “Public broadcast” means any dissemination through public channels, by sound or picture” while chapter 11.12. which speaks of Sedition says that “A person owing allegiance to Liberia, has committed sedition, a felony of the second
degree, if (a) He advocates by word-of-mouth, writing or otherwise, sectionalism, countyism, tribalism, parochialism or the like, with the intent in so doing to incite the people to hostility, create disunity among the people and divide the Nation; or (b) He advocates rebellion, incites or in any way promotes insurrection against the authority of the Republic; or
(c) He writes or inspires the writing of any document to a foreign government or concern or any official thereof, making representation on any matter or matters properly the subject of internal inquiry and adjustment; or
(d) He accuses the incumbent President of the Republic of Liberia of conduct which constitutes a violation of his oath of office, provided, that at the time of such accusation; (1) The conduct charged is untrue; and (2) The purpose of the actor is to thereby injure the President in his reputation and create contempt for the Presidency”.
Section 11.14. Criminal Malevolence of the Penal Law says that
“A person has committed a first degree misdemeanor if he accuses any executive authority, judicial authority, member of the Legislature or any other public authority either by word-of-mouth, writing or by public broadcast, of conduct which constitutes the commission of a crime; provided that at the time of such accusation: (a) The conduct charged is untrue and
(b) The purpose of the actor is to thereby injure the official in his reputation and undermine his official status. (c) “Word-of-mouth” means spreading or making known by verbal communication; (d) “Writing” means any writing, written production, engraving, drawing or effigy of a government official; and (e) “Public broadcast” means any dissemination through public channels, by sound or picture”.
In the President Communication with his request to repeal the bad laws against journalist told the Lawmakers that the Constitution provides for Freedom of Speech and expression and a caveat of an abuse thereof.
He stressed that Liberia is a signatory to the Table Mountain Declaration which demands that African countries abolish insult and criminal defamation law.
President Weah at the same time reminded the National Legislature of the legal instruments on press freedom Liberia established, such as the Freedom of Information Law (FOI) and the Independent Information Commission.
According to the Liberian leader, “Liberia, in anticipation of fully adhering to these legal instruments; enacted the Freedom of Information Law and established the Freedom of Information Commission.
He told the lawmakers that there appears to be challenges in the full implementation of these as Section 11.11: Criminal Libel against the President; Section 11.12: Sedition; and Section 11.14: Criminal Malevolence of the Penal Laws of Liberia tends to impede freedom of speech and expression and acts committed thereof are considered to be criminal.”
According to him, if enacted into law, the Act will be known as the Kamara Abdullai Kamara Act of Press Freedom, in honor of deceased journalist Kamara Abdullai Kamara, former President of the Press Union of Liberia (PUL).
The Liberian Leader recognized the and emphasized the important role played by Mr. Kamara in convincing national government to repeal provisions on the Penal Law of Liberia, which impede freedom of speech and independence of the press in Liberia but did not succeed.
He told them that the purpose of the Act is to repeal sections of the Penal Laws that have a tendency of making Liberia non-compliant.
The Liberian leader described the action as a proof of his government’s commitment to uphold the constitution, Table Mountain Declaration and other International Treaties relating to the Press and press-related activities.
The communication from the Liberian leader was forwarded to the House of Representatives Committees on Judiciary and Information and Broadcast requesting them to report findings to the Plenary of the House of Representatives within the time period of two weeks.
If what is written on the walls is anything to go by, than Liberia is on the right trajectory of Press Freedom. Report by Mark N. Mengonfia