The Committee to Protect Journalists
welcomes today's ruling by the African Court on Human and Peoples Rights in Addis Ababa
that criminal defamation should be used only in restricted circumstances and
that imprisonment for defamation violates freedom of expression.
The
court also upheld the appeal of Issa Lohé Konaté, editor of the Burkina
Faso-based weekly L'Ouragan, who in October 2012 was sentenced to 12 months in prison and a fine for criminal
defamation in connection with two articles he wrote questioning abuse of power
by the state prosecutor's office.
"This
is an important precedent which upholds the value of press freedom and enables
Africans concerned about the rule of law and democratic governance to express
themselves," said CPJ's Africa program coordinator, Sue Valentine.
"No journalist should be jailed for defamation. If remedy is needed, it
should be sought in the civil courts."
The
ruling is a welcome injection to the campaign led by the African Commission's special rapporteur
for freedom of expression, Pansy Tlakula, for the decriminalization of defamation as
well as laws that prohibit the publication of insults and false news.
The
African Court sets an important precedent and its decisions are binding on
member states of the African Union, according to the Media Legal Defence Initiative, a London-based organization
that provides legal defense for independent media.
CPJ is an
independent, nonprofit organization that works to safeguard press freedom
worldwide.
Contact:
Sue Valentine
Africa Program
Coordinator
Peter Nkanga
West Africa
Representative
Email: pnkanga@cpj.org
Tom Rhodes
East Africa
Representative
Email: trhodes@cpj.org
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