By Frank Sainworla, Jr. fsainworla@yahoo.com
The Law Reform Commission of Liberia has cautioned Liberian Journalists “not to see the passage of the law decriminalizing free speech as a carte blanche to reckless reporting,” reminding them that a constitutional provision still calls for people to be responsible for abusing right to free speech.
Cllr. Boakai Kanneh, Chairman of the Commission warned that the Senate’s concurrence with the House of Representatives last Thursday enacting a law decriminalizing speech offenses “does not give you the right to write and say just anything.”
The Law Reform Commission’s Chairman was speaking at the weekend (February 8, 2019) at a formal ceremony marking the launch of the Public Interest Law Office and the Institute for Constitutional Research, Policy and Strategic Development on the Bishop Michael Francis Road in the Monrovia suburb of Congo Town. It isheaded bya University of Liberia Law School Professor and one-time head of the Law Reform Commission, Cllr. Dr. Jallah A. Barbu
Background to repeal of anti-free speech laws
On February 7, 2019, the Senate concurred with the House in their Thursday plenary, after the lower House mid last year repealed Anti-free Speech Legislations in Liberia earlier resubmitted by President George Manneh Weah with the Bill be named after the late PUL President Kamara Abdullai Kamara.
The new Bill amends the Liberian Codes Revised, Penal Law of 1978 of Liberia, Chapter 11 by repealing three sections. The newly enacted law repeals Section 11.11, Criminal Libel; against the President; Section 11.12, Sedition and 11.14, Criminal Malevolence of the Penal Laws of Liberia, which tend to impede freedom of speech and expression and acts committed thereof are considered to be criminal.
But Law Reform Commission Chairman Kanneh was quick to point out to Friday’s audience, made up of Judges, Lawyers, Politicians, and media practitioners, that Article 15 of the 1986 Liberian constitution remains enforced.
Article 15 A of the Liberian constitution says: “Every person shall have the right to freedom of expression, being fully responsible for the abuse thereof. This right shall not be curtailed, restricted or enjoined by government save during an emergency declared in accordance with this Constitution.”
Looking directly at the Journalists in the audience, Cllr. Kanneh reminded them that notwithstanding the enacted law to decriminalize speech offences, Journalists and others can still be sued for defamation—the action of damaging the good reputation of an individual or institution either by publication or spoken words.
Cllr. Gongloe says Actual Malice must be proven
Closely following the Law Commission’s Chairman at the podium was the newly inducted President of the Liberia National Bar Association (LNBA), Cllr. Tiawan Gongloe, who pointed out that public officials or public figures can sue for defamation /libel “but they need to actual malice or reckless disregard for the truth” by the Journalist/media.
Cllr. Gongloe, a prominent Human Rights Lawyer, commended Cllr. Barbu for taking the bold step to establish a Public Interest Law Office in Monrovia, the first of its kind in the country.
But he warned him of the backlashes he’ll get from the government and other powerful forces as he tries to defend the legal rights of the common people.
Recounting his own selfless efforts he has made over the past few decades to defend the rights of the masses and perform pro-bono services, which has not made him wealthy, the LNBA President told Cllr. Barbu:
“Be warned, you’ll have challenges. In pursuing the public interest, you’ll lose friends…It’s a tough road.”
“Working for humanity is more important than wealth,” Cllr. Gongoe added.
The Bar Association’s President then warned Cllr. Barbu that in such a new venture he’s embarking on, he must be courageous.
According to him, this task is full of challenges and he risk being seen as “trouble maker” by government, as his public interest law firm will be challenging government contracts, concession agreements or actions that may not being in the public’s interest. And in some cases, Cllr. Gongloe said you might be tampering with the “government’s pepperbush”.
According to the mission statement of the newly opened Public Interest Law office, “PILO believes that Liberia can transcend the culture of impunity ad therefore work towards accountability by and security for all persons.”
Public Interest Law Office’s mission
Closing the weekend’s ceremony, the head of PILO Cllr. Barbu said his office was mainly set up to pursue justice for all persons, regardless of status.
As much is expected of his new public interest law firm, he said “PILO has much to give.”
While underscoring the crucial role of the media in pursing justice and accountability in Liberia, Cllr. Barbu pledged, “I’ll always do what is right.”
Meanwhile, the newly established public interest law and constitutional research and police office has announced that it will next week launch a regular lecture series to be addressed by former Interim President Dr. Amos Sawyer at its Congo Town headquarters.