Legal Aid secures the discharge of Port Loko child

JOURNALISTS, THE LAW AND JUDICIAL REPORTING IN SIERRA LEONE

Joel Tejan Deen-Tarawally Esq. 
LLM in International Human Rights Law and Democratization in Africa
Barrister at Law, LLB, BA. 

Journalism, like the legal profession, is a profession that is of ancient origin and also universally celebrated, but until we fully understand the true significance of the role of journalism in our modern day society we cannot truly realize the benefits of democracy, transparency and good governance in our nation. Almost all Sierra Leoneans are witnesses and players to the radical and dramatic change in the media landscape of our present day society; today even the man in the most remote village in Sierra Leone can make a post on facebook or twitter or whatsap and inform the entire world about an event in his village – we are now living in a global village where information can be transmitted and shared by just a click on our phones or tabs or computers. This definitely has wider implications for our society; it has implications for the security of our nation, the values of our people, the development agenda of our republic, and our goals and objectives as a nation and as individuals.
In Sierra Leone today when people talk about journalists and the law the major issue that comes up is the discourse surrounding freedom of expression, defamation and libel. This is the case because we still have freedom of expression limitation laws in our Public Order Act of 1965 that are incompatible with the content and purpose of the right to expression in our Constitution. Freedom of expression is indeed of fundamental essence to the effective functioning of our democracy. Sierra Leoneans need to have access to information and to different view-points in order to make sound choices not only regarding litigation in court but also in terms of making prudent political choices and assessing the quality and fairness of our justice system. This is what makes the role of journalists highly significant. Section 5(1) of the Constitution of Sierra Leone, Act No 6 of 1991, declares Sierra Leone as a state that is based on the principles of freedom, democracy and justice but the object and purpose of our libel laws, especially seditious libel (a criminal offence of ancient English origin and colonial linkage) are clearly incompatible and inconsistent with these principles. These section 5(1) principles were not inserted in our Constitution by mistake or inadvertence; rather they were carefully and deliberately provided in our Constitution to guarantee and make way for an open and democratic society in Sierra Leone.

However we must also understand that freedom of expression is not absolute and it can be restricted even in a democratic society, and if any media practitioner lacks this understanding then he will almost always be in conflict with the law. Apart from understanding the restrictions on freedom of expression, journalists in Sierra Leone should also fully understand the Independent Media Commission (IMC) Code of Conduct in order to professionally equip themselves to carry out the business of their honorable profession with a flare of professionalism and ethics. The issue of compliance with the law and media code of ethics becomes very critical when journalists are dealing with the judiciary and reporting on court cases. This is because of certain legal principles that govern court proceedings such the presumption of innocence; privilege and confidentiality; sub judice; and also issues surrounding fair trial rights. Therefore when reporting on court cases journalists should be professional enough not to engage in yellow journalism which is the presentation of little or non-researched news and the use of eye-catching headlines and exaggerations of news events, scandal-mongering, or sensationalism just to sell more newspapers. Unprofessional and yellow journalism court reporting would not only undermine the work of the judiciary but it will also prejudice the fair trial rights of accused persons going through trial and further expose media practitioners to unnecessary and time-wasting litigation. This also has further implications for the relationship between the Sierra Leone Judiciary and the Sierra Leone Association of Journalists (SLAJ) because it has the proclivity of sowing seeds of distrust between judges/magistrates and media practitioners.

It is however my unfettered conviction that Sierra Leonean journalists have real potential to develop their unique skills and become highly professional; but this also requires SLAJ to play the leading role in transforming the minds of their members and helping them provide the public with unbiased, well-researched and verifiable information in a professional manner. This can be achieved through a number of ways; it can be done by cooperating with certain key institutions, including the Judiciary, to organize regular trainings and seminars that will enable journalists to acquire adequate information and gain knowledge that will serve as useful tools in their reporting.