Tabloid Journalism and Press Freedom in Africa [1st ed.] 9783030488673, 9783030488680

Table of contents :
Front Matter ....Pages i-x
Introduction: Tabloid Journalism and Press Freedom in Africa (Brian Chama)....Pages 1-31
Tabloids in Southern Africa and Emerging Cyberspace Laws (Brian Chama)....Pages 33-54
Public Order and National Security Laws Impact on Tabloids in North Africa (Brian Chama)....Pages 55-82
The Impact of Defamation Law on Tabloids in Western Africa (Brian Chama)....Pages 83-110
False News Laws Impact on Tabloids in East Africa (Brian Chama)....Pages 111-131
Sedition and Treason Laws and Effect on Tabloids in Central Africa (Brian Chama)....Pages 133-154
The Final Word (Brian Chama)....Pages 155-173
Back Matter ....Pages 175-184

Citation preview

Tabloid Journalism and Press Freedom in Africa Brian Chama

Tabloid Journalism and Press Freedom in Africa

Brian Chama

Tabloid Journalism and Press Freedom in Africa

Brian Chama Sheridan College Mississauga, ON, Canada

ISBN 978-3-030-48867-3    ISBN 978-3-030-48868-0 (eBook) https://doi.org/10.1007/978-3-030-48868-0 © The Editor(s) (if applicable) and The Author(s), under exclusive licence to Springer Nature Switzerland AG 2020 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the ­publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and ­institutional affiliations. Cover illustration: Alex Linch shutterstock.com This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland AG. The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

Acknowledgements

This book could not have been written without the support of so many colleagues, friends, journalists, many tabloid newspapers owners and journalists in Africa and former colleagues especially at the University of Zambia, Roehampton University, Kingston University, London Metropolitan University and the University of Lincoln. I am also grateful for the friendly and painstaking assistance of many journalists I have had an opportunity to meet in Africa and those living in diaspora with African connections, whose insights and suggestions have been helpful in providing guidance for this book. During the past few years, I have been fortunate enough to have met so many wonderful people and for being given an opportunity to present work in progress at various conferences. I have really and honestly come to appreciate the participants’ informed insights and feedback. I am particularly grateful for insights from the conference participants at the University of Toronto and the University of Westminster. I would also like to more precisely thank Professor Bruce Mutsvairo at Auburn University, Associate Professor Musonda Kapatamoyo at Southern Illinois University Edwardsville, Associate Professor Olatunji Ogunyemi at the University of Lincoln and Associate Professor Shannon Dea at the University of Waterloo. I would further like to thank two of my early mentors Professor Anita Biressi and Professor Heather Nunn for their scholarly values to cultural studies and tabloid journalism practice which have been an inspiration for me and continue to inform my work. My other thanks go to Palgrave Macmillan’s commissioning editor Lucy Batrouney and editorial assistants Mala Sanghera-Warren and Heloise Harding who have all warmly supported this project. v

Abstract

The understanding of press freedom and tabloid journalism practice in Africa has received very limited attention in many scholarly debates. Brian looks at how tabloid journalists negotiate this freedom and the impact of laws on their sensation genre. He analyses the practice of tabloid journalism stressing that even though there are no particular laws that target tabloid journalists in Africa because of their practice and genre, there is evidence in his book to show that these journalists are more vulnerable than any other form of journalism. Brian explores English-, French-, Portuguese- and Arabic-speaking African countries and concludes that tabloid journalism practice experiences more challenges than any other form of journalism in Africa. He argues that the major problem is due to the sensational nature of reporting which attracts more attention than any form of journalism and which forces authorities to react aggressively. Brian in the conclusion of the textbook notes that there is need for media law reform, more regulatory bodies to be formed around the continent, the need for good journalism practice training able to improve the professional practice and more access to information laws that are able to compel the government leaders to release information upon request, with legal repercussion for failure to do so. Brian offers emerging patterns as well challenges and successes across the continent.

vii

Contents

1 Introduction: Tabloid Journalism and Press Freedom in Africa  1 2 Tabloids in Southern Africa and Emerging Cyberspace Laws 33 3 Public Order and National Security Laws Impact on Tabloids in North Africa 55 4 The Impact of Defamation Law on Tabloids in Western Africa 83 5 False News Laws Impact on Tabloids in East Africa111 6 Sedition and Treason Laws and Effect on Tabloids in Central Africa133 7 The Final Word155 Author Index175

ix

x 

Contents

Subject Index181 African Countries Index183

CHAPTER 1

Introduction: Tabloid Journalism and Press Freedom in Africa

Introduction Tabloid journalism and press freedom is linked in this book because of the emergence of tabloid genre in many African countries which also now continue to embrace online platforms and operating as online tabloid newspapers in the age of digital technologies. Indeed, there are now more laws that this book explains which are emerging and intended to control the cyberspace but seriously affecting online tabloids. This book threads tabloid journalism and press freedom together while also looking at both print and online tabloid newspapers in all the seven chapters. It discusses tabloid journalism and press freedom looking at the regional countries and also the emerging laws on cyberspace which are heavily discussed at considerable length. Even though there are currently many studies that explore press freedom in general in Africa, but few are currently discussing online journalism and press freedom (Mabweazara, Mudhai, & Whittaker, 2014), and none have been written on the link between tabloid journalism and press freedom in Africa. Even the studies by Chama (2017, 2019) focus on tabloid journalism in Africa and their professional practices, and on tabloid journalism and corruption exposure. Moreover, it is also important to acknowledge here that the Wasserman (2010) ground-breaking study focuses mainly on tabloid journalism in South Africa. Therefore, this book discusses this subject matter while looking at laws that currently hinder the enjoyment of press freedom mainly by tabloid journalists focusing on © The Author(s) 2020 B. Chama, Tabloid Journalism and Press Freedom in Africa, https://doi.org/10.1007/978-3-030-48868-0_1

1

2 

B. CHAMA

defamation, public order, national security, false news and the new laws emerging in many African countries to control the cyberspace now targeting online tabloids, which is a new addition in the body of research when one looks at journalism practice in Africa and press freedom in this age of online journalism practice, social media and popular culture. Therefore, this introductory chapter on ‘Tabloid Journalism and Press Freedom in Africa’ discusses how tabloid newspapers are affected by the media laws than any other form of journalism practice. It offers a critical analysis of tabloid journalism and press freedom while making an effort to situate press freedom in Africa and further discussing the concept of press freedom. It makes a critical analysis of international and local organizations that measure press freedom in African. It further discusses the harassment of the press in Africa and then offers a critical analysis of the press professional practices and the political context in which the journalists operate. It concludes that journalists in Africa face many challenges, but the continuous existence of colonial draconian laws remains a serious impediment to press freedom. It remains hopeful that there are some positive elements taking place across the continent but acknowledges the shortcomings. It notes that the African journalism practice is in the process of formation. It points out that what is needed are more media regulations to make sure that the journalists are able to adhere to the professional practice of journalism. It also calls for more media laws reforms that are able to promote press freedom and contribute to democracy.

Tabloid Journalism and Press Freedom Understanding press freedom in Africa requires careful analysis of literature sources from scholars in Africa, interactions and direct insights from journalists as practitioners on the ground, ruling authorities’ views and operations of government institutions; all these varies across the continent. Moreover, press freedom that is enjoyed in many African countries cannot in many ways be compared to what is perceived to exist in many Western democracies. This is largely because of a ‘colonial legacy and draconian’ laws that continue to be used to silence critical and sometimes objective voices in the excuse of public order. Almost all countries across the continent have provisions in their constitutions that allow press freedom, but in practice, implementation of these legal provisions remains chaotic, often vague and problematic to navigate. Moreover, the

1  INTRODUCTION: TABLOID JOURNALISM AND PRESS FREEDOM IN AFRICA 

3

emergence of tabloid journalism with their sensational genre continues to create more problems for government authorities, who tend to be usually uncomfortable with tabloids screaming headlines, and generally usage of sensational pictures. Indeed, this book is about ‘tabloid journalism and press freedom in Africa,’ so, and perhaps, it is important to begin by explaining what basically is tabloid journalism practice, which obviously, at the best of times, remains a shadowy and dubious concept either as a journalism genre or as a journalism professional practice. In this book, it is argued and understood that journalism practice generally exists in different genres in Africa, and one genre which continues to become popular in many countries is tabloid journalism. It involves sensational presentation of news, screaming headlines, colourful pictures and graphic news content; it is a genre meant to attract readers to look at every content while using brief stories with an emotive touch. This genre continues to divide opinions in many countries and stretch the understanding of press freedom (Chama, 2017). The major area of contention is whether tabloid journalism as a genre should be taken seriously due to its tendency to play with the peoples’ emotions. For instance, Wasserman (2010) explains that a common criticism against many tabloid newspapers is the peddling of sensationalism instead of providing the information that is able to contribute to democratic citizenship. By effectively depoliticizing readers, tabloids prevent them from being active citizens. However, an alternative perspective has been offered by cultural studies scholars who often argue that tabloid newspapers articulate the politics of the everyday lives for many African readers whom formal politics are often far removed from their lived experiences. Tabloid newspapers very often play a critical role in informing citizens unable to understand the complex information, as their use of local jargon and terminologies, crisp texts often accompanied by colourful pictures and large fonts screaming headlines help many readers in comprehension of the content. It is this characteristic of tabloid genre that continues to attract many readers across a wide range of demographics in Africa. But still, tabloid newspapers and its genre have continued to experience resistance from a number of forces in Africa who now range from religious groups to politicians and cultural conservatives, who accuse the newspapers of ‘abusing press freedom.’ These critics also accuse the genre as breaking down cultural norms by discussing issues traditionally considered private in the cultural fabric of the African life, such as publishing pictures of brazen sexual content and infidelity stories. Other critics

4 

B. CHAMA

further accuse tabloids as operating outside the boundaries of press freedom and lowering professional practice of journalism (Kasoma, 1997).

Situating Press Freedom In 1991, various media representatives across the African continent demanded press freedom by producing a statement in the Namibian capital of Windhoek on press freedom principles by African newspaper journalists. Despite the press freedom proclamation often referred to as the Windhoek Declaration, the African press has continued to suffer many serious setbacks in many countries with the suppression of press freedom. The deteriorating press freedom enjoyment in many African countries has continued to make the annual celebration of the World Press Freedom Day every 3rd May, arguably a mockery in many countries (Ongowo, 2011). Across the African continent, suppression of press freedom has become a cause for concern. In many countries, there are regular reports of editorial offices being searched on suspicion of betrayal by state agents. There are allegations of journalists’ telephones being wiretapped especially those that are critical of government. Many journalists continue to face arrests for their critical coverage of important issues and their newspapers being forced to close prematurely. Access to information remains a challenge and continues to hamper the need to communicate freely without the threat of being arrested and imprisoned. The most massive breaches of press freedom are in countries heavily engulfed in civil war and political conflicts (Ocitti, 1999). There are regular reports in many African countries covered in this book’s coming chapters of tabloid journalists being arrested on suspicion of spreading false news, abuse of media laws by ruling authorities, even now emerging cyberlaws later covered in this book which all continue to impact on press freedom. This is despite Article 19 of the United Nations Universal Declaration of Human Rights providing the right to press freedom. Moreover, even the African Union and its New Partnership for Africa’s Development all have mechanisms intended to improve press freedom in Africa, but all these declarations are rarely respected in practice in many African countries covered in this book. Besides, even the adoption of the declarations on press freedom in Africa by the African Commission on Human and People’s Rights in Banjul, the capital city of the Gambia, in West Africa, despite providing legally binding guidelines on the signatories under the African Court of Justice, it has limited power even though

1  INTRODUCTION: TABLOID JOURNALISM AND PRESS FREEDOM IN AFRICA 

5

there exists statutory force to press freedom, challenges still remain in practice across the continent (Moyo, 2005). However, the demand for press freedom in Africa in the movement towards democracy has been popular in recent years. It is also part of the political demands being imposed by many Western donors as part of their conditions for economic support. In fact, it is generally accepted that the more press freedom a country enjoys, the greater the respect for human rights and social justice. Furthermore, it is often argued by many Western donors to African countries that in the countries with greater media freedoms, the structures of democratic governance are likely to show stability. Therefore, over the last 30 years, press outlets are growing, and citizens are gaining access to a wider variety of news sources especially in this age of online journalism and online newspapers. But this trend is not uniform and not without setbacks. There are still Africa countries in which journalists continue to face violent attacks and sometimes killed for criticizing the government. Others are censored and intimidated into conformity (Mudhai, 2011). Even though many African countries have enduring publications that goes back to the time of colonialism, it is evident that the suppression of press freedom is linked to colonial laws that helped to foster the whims of colonialists. Moreover, newspapers have historically been dominated by political news and colonialists that owned the first newspapers in many African countries such as Ghana, Zambia, South Africa, Senegal and Kenya for example, and used them as tools for social and economic change while rallying the masses. However, over the years, tensions between the ruling politicians and the press have continued to exist due to mainly their critical coverage, further leading to suppression of press freedom (Skjerdal, 2014). On the other hand, many African leaders now find it increasingly difficult to hold on to power due to the now growing wide range of media outlets especially online platforms and social media now popular across the continent. Viewed from this perspective, the press is now arguably enjoying at least some level of unprecedented press freedom, and unparalleled levels of economic growth. Indeed, this has given rise to the democratic system of governance. Furthermore, the press is also at least able to enjoy some level of freedom even though this pattern is not always reflective of all countries. The overall trend generally is symptomatic of the political situation in respective countries. Significantly, a large share of this is to do with the nature of colonial rule in Africa which was essentially an authoritarian mode of governance whose nature was reflected negatively both on

6 

B. CHAMA

African societies and the media. Therefore, the fact that political power was associated with the press, these have since become to be seen as complementary of each other, with many journalists eventually ending up as politicians and politicians as journalists (Ocitti, 1999). Moreover, in recent years, many politicians and journalists have also used their online presence such as social media profile and positions to become the most vocal advocates for press freedom and political resistance (Moyo, 2011).

Concept of Press Freedom In many African countries, press freedom is not only enshrined in their constitutions, but is also seen in theory as a logical extension of any person’s natural desire to be free in terms of expression which is today with the emergence of online platforms and particularly social media as a universal phenomenon. There are currently many people in Africa who are now becoming aware of the importance of freedom of expression and particularly press freedom because of the mechanisms being provided by online forums such as social media. However, what is clear is that there is a growing desire for many people to express themselves online than ever before because of social media. But this is only possible because the government in many countries in Africa are now allowing a window of opportunity to their citizens to enjoy freedom of expression. However, there are times when this window for press freedom and freedom of expression, is often closed especially whenever the government becomes uncomfortable with uncontrolled voices, as this book demonstrates in the coming chapters. For instance, as media scholars such as Mudhai (2011) explains by arguing that the African continent now because of being heavily networked, is providing a platform for many divergent voices and opinions. On contrary, even though press freedom is desired and encouraged in many African countries, however many leaders generally provide it with caution especially in fragile countries, and they often argue that this is meant to maintain peace and public order. However, there are also countries in Africa which are heavily authoritarian, with political leaders that have a very strong grip on power and who often argue that press freedom in the Western concept, might lead to political revolution that can end up overthrowing their government and result in anarchy. Indeed, they tend to monitor voices carefully and cramp down those deemed a threat to their authoritarian rule, and by so doing, they continue to reign supreme. Therefore, in these authoritarian African countries, the understanding of

1  INTRODUCTION: TABLOID JOURNALISM AND PRESS FREEDOM IN AFRICA 

7

press freedom is tied to what ruling politicians think to be true, and the press function from top down, and the political leaders use the press to inform the masses of what they think the masses should know, and policies they should support. The ruling government also tends to have absolute power over the press ownership and the content that should be published and made available to the public. Moreover, the criticism of the ruling political officials and government operation through the press is mainly forbidden and the legal and political repercussions are often serious. Besides, in these African countries, the press and press freedom are largely seen and understood by many as existing to support the government policies. Under the authoritarian style, the press freedom is not for the masses to dictate, but for the few ruling politicians in the position of power, who guide the masses, and it is thus around the centre of political power (Oloyede, 2005). Furthermore, Khamis and Vaughin (2014) while discussing online citizen journalism and political transformation in the Tunisian and Egyptian revolutions explain that it is the masses distaste with authoritarianism that led to mass demonstrations that transformed these two countries and brought about more press freedom and new leadership. In these two countries, there has since been an understanding that authoritarianism cannot provide press freedom as a political entity, and with it, the concept of press freedom has evolved. Besides, the press has since come to be perceived as not an instrument of government, but a platform for presenting arguments and evidence for the masses to check on government and make their own decisions. Moreover, with the emergence of social media platforms in these countries, the notion is now that all ideals and arguments should get a fair hearing in the court of public opinion. For instance, social media in these two countries has led to the free market of ideas which is now encouraged whether majority or minority views, strong or weak, and the state control of the press is seen as inherently wrong and not helpful for democracy (Khamis & Vaughin, 2014). On the other hand, Banda (2010) while looking at citizen journalism and democracy in Africa explains that even though many people in Africa are now enjoying press freedom as citizen journalists, this is only limited to those with accessibility which is out of reach for many people. The author further explains that this is largely because of high levels of poverty and illiteracy in many African countries. However, Oloyede (2005) points out there is still a general understanding by many people in Africa especially in the journalism and media practice field and among many

8 

B. CHAMA

government leaders that press freedom denote a fundamental human right to gather and publish information and opinions without hindrance. Furthermore, the interpretation of this right differs from one African country to another, but it is based on the notion that individual human being should be free to publish whatever they like without interference (Oloyede, 2005). In recent years, there is a recognition in many countries in Africa that press freedom is becoming difficult to suppress especially with the rise of online journalism and social media. There is also another realization that over the past years, the government has used mechanisms such as depriving advertisement revenues and legal mechanisms to eliminate opposition voices, something which is now becoming a challenge. Moreover, many people are also realizing that the government-owned press have failed to fulfil the promise to public expectations of being objective. Besides, the technological and commercial development of the press in some countries such as Kenya, South Africa and Nigeria, for example, has since led to press monopolies with few single owners further diffusing government grip on information dissemination. Furthermore, many people are now taking it upon themselves as either citizen journalists or community influencers using social media profiles to express their views. Addition, since press freedom is often also associated with the need for responsible reporting in many countries, there are now calls from both the government officials and other concerned groups, to monitor the behaviour with regard to the abuse of press freedom by some individuals and groups which has since emerged. There are further other calls which are largely coming from the ruling political authorities and requesting the government law enforcement agencies to contain these ‘uncontrollable voices,’ and often arguing and justifying their suppressive measures that they are intended to prevent potential violence and civil disorder (Skjerdal, 2014). Besides, Berger (2007) while looking at media legislation in Africa through a comparative legal survey argues that press freedom is not easy to realize especially in many African countries and largely because of the many legal challenges. Furthermore, the author points out that press freedom understanding continues to differ and tends to follow the colonial rulers’ laws. For example, many African countries’ constitutions do not actually leave room for a free press as in the Western tradition and understanding and tend to often be vague and largely draconian. Moreover, to make matters even worse for press freedom realization and enjoyment, some ruling political leaders also continue to argue that because of the

1  INTRODUCTION: TABLOID JOURNALISM AND PRESS FREEDOM IN AFRICA 

9

need for economic development and national integration, the press should promote social stability and development. The ruling politicians also encourage the press to publish only content that contributes to development in line with nationally established policy and to give priority to development news. Moreover, many countries’ constitutions also provide mechanisms that justify government intervention on the press, restriction of press operations, censorship of publication that do not support government interests, offering subsidies to the press that support only development goals (Oloyede, 2005). The understanding of press freedom in Africa even though continues to attract mixed debates, the common view is that a free press is important in the development of the African continent and its regions. There is also a general perception in many scholarly debates covered in this book’s coming chapters that it has the ability to expose mismanagement and lack of accountability within the ruling class. Indeed, virtually, in every country’s constitution in Africa covered in this book, there exists a direct theoretical guarantee of press freedom, even though the term is interpreted differently according to the traditions and needs of each African country. Moreover, even among the journalists themselves, there are differences on perceived concepts of press freedom and the role of the African press. For example, some argue that it is not a question of the right to dissent, but the obligation to contribute as patriots. But others argue for the hardline approach of watchdog tabloid journalism that hold authorities accountable to the general public while regularly exposing mismanagement and corruption. It is this mixed understanding of press freedom and the role of the press in democracy and in the African society by journalists and politicians, that the prisons are crowded with both courageous journalists who are not prepared to accept dictation as to what they may or may not print, and also poorly informed and ill-educated reporters who are caught in a web of difficulties to differentiate what is good for their countries to print, and what their publication as private entities desires and dictates (Kasoma, 1997).

Measuring Press Freedom There are many organizations that measure journalism practice and press freedom in Africa locally, regionally and internationally. However, oftentimes, these organizations are criticized and regularly accused of using the Western standard usually out of touch with local dynamics of African

10 

B. CHAMA

politics and media platforms (Kasoma, 1997). This is despite the organizations’ regular claims that they use very sophisticated methods. However, there are many examples in which their findings and ranking have major discrepancies. For instance, the 2006 African Media Barometer survey ranks Mali as the best-rated country in terms of press freedom enjoyment. The same country is also ranked best in Africa in the same year by the Freedom House as the country with the most liberal media system in the continent. However, the Reporters Without Borders ranks Mali very poorly at position 51 towards the bottom in the same year in Africa. This shows that there are some differences which are worth looking at scientifically, particularly with regards to the development of an even better research instrument (Behmer, 2009). Furthermore, Fliess and Sandeen (2000) give an example of Freedom House, which is a Washington-based non-government organization which conducts annual rankings of journalism practice and press freedom in Africa while arguing that its findings have a pro-American bias. The fact that it gets more than three quarters of its funding from the federal grants of the United States of America government, it becomes very difficult to assess its objectivity. The reality is that very often its rankings are very simplistic ranging between free and not free states. The findings are even more alarming as they do not differentiate the number of inhabitants in each country. Besides, the sources of information on which the findings rely are from travellers, its research staff, expert inquiries, reports from aid organizations, public agencies and local and international media. The data collected is then sent to New York for evaluation in the procedure that is not made public. Since 1980, it publishes its findings on press freedom in all African countries every year on 3 May, a World Press Freedom Day, when the media interest is guaranteed with results presented in form of brief country reports (Fliess & Sandeen, 2000). Similarly, Chama (2017) furthermore points out that the Reporters Without Borders which provides ranking of journalism practice and press freedom in Africa annually at the end of October in what it calls World Press Freedom Index, which looks at the endangerment of journalists at work in Africa by experts, it does not disclose who these experts are and how they were chosen. Even though it is understandable that they might not want to disclose them for fear of their safety, but at least there is need to provide information on the selection process and the justification to guarantee authenticity of the rankings and measurements. For example, it ranks all examined African countries through a table drawn up by its

1  INTRODUCTION: TABLOID JOURNALISM AND PRESS FREEDOM IN AFRICA 

11

‘experts’ many of which are journalists, lawyers and scientists from each African country. These experts answer a questionnaire which is then sent to Paris in France to be combined in a ‘proper order’ and where necessary researched further. In the questionnaire, the physical endangerment or threatening of journalists is quite dominant. Other questions relate to how many journalists in the previous year were murdered, put in jail, tortured, threatened, attacked or had to flee, which are given points of the worst possible score. The other questions relate to the application of certain laws, dealing with censorship, state’s press influence and treatment of foreign journalists (Behmer, 2009). Furthermore, Mathurine (2004) while discussing the media law in Southern Africa and giving guidelines for media practitioners generally notes that the Konrad Adenauer-Stiftung is another organization also involved in measuring press freedom in Africa despites its ‘experts’ not made public and its conclusion in the publications being brief and highly lacking in detail. It also often makes weak correlation between the level of press freedom and literacy levels in Africa. For instance, the organizations believe in empowering the press as whistleblowers and watchdogs, when it comes to reporting misdeeds of politicians and company executives who do not live up to their duties. It uses a questionnaire of five indicators: general conditions of the press, legal environment, political conditions, economic pressures and non-state repression. Its data is collected by interviewing local ‘experts’ in African countries (Mathurine, 2004). Another organization whose rankings are often criticized by many scholars when it comes to measuring journalism and press freedom is that of Friedrich Ebert Foundation which is involved in measuring press freedom in Africa and which uses what it calls the African Media Barometer that examines selected African countries and ranks them. The only problem is that even though it assigns a panel of ten experts from the civil society, academics, trade unionists, clerics, jurists, journalists, publishers and human rights activists, it doesn’t also reveal how these experts are selected and the guidelines. It only notes that these experts meet for a retreat over a long weekend and the moderator who is the only outsider manages the discussion. It also explains that the assessment of press freedom is determined by the panel of participants who allocate fewer points in the worst case of press freedom and more points in the best case. However, the problem is that mutual interaction and manipulation of participants cannot be ruled out (Behmer, 2009).

12 

B. CHAMA

The Media Institute of Southern Africa is also another organization that is involved in promoting and monitoring journalism and press freedom. It has regional member countries in Southern Africa and works with the media organizations and other media workers to nurture democracy in the continent while acting on press freedom violations. It also facilitates news exchange to make sure the local news from the independent media is made accessible to the whole region and the world. For example, through its Media Law Reform Programme, the organization campaigns for repealing repressive media laws and the need for access to information laws. It also conducts research and produces publications on anti-media freedom laws in the region. The major key problem is that it is funded by entities many of which are not public which brings into question of its objectivity and often criticized for being too critical and unrealistic (Oloyede, 2005). Furthermore, the Committee to Protect Journalists is another international organization that is involved in measuring press freedom in African. It uses its annual Global Impunity Index that provides rankings of the African countries in which journalists are killed and where killers remain at large and generally free. Its rankings are part of its global campaign against journalists’ killings impunity. It calculates the number of unsolved murders of journalists within the period of ten years as a percentage of each country’s population. It publishes the finding on 2 November to mark the International to End Impunity for Crimes against Journalists. However, the only problem is that it rarely makes follow-up and doesn’t provide detailed information on what actually transpired and the end result of the incidents in follow-up reports (Karikari, 2004). There are many other local and international organizations involved in measuring journalism practice and press freedom in Africa mainly on regional level which includes the Freedom Forum, which is an international foundation dedicated to journalism practice and press freedom. It focuses on newsroom diversity and press freedom. Furthermore, the International Freedom of Expression Exchange also promotes press freedom. It is a global network of non-government organizations and monitors press freedom in the African continent. Its Tunisia Monitoring Group is heavily involved in raising awareness to press freedom violations (Wagner, 2011).

1  INTRODUCTION: TABLOID JOURNALISM AND PRESS FREEDOM IN AFRICA 

13

Harassment of the Press The study by Ochilo (1993) shows that African journalists especially those in print newspapers continue to be harassed when it comes to enjoyment of press freedom and many face varying degrees of intimidation. In recent years, investigations into the corrupt practices of government officials have become a central focus of especially many tabloid newspapers, with key editors and reporters becoming specialists in this field and increasingly finding themselves under regular attacks. It is not surprising that there are now measures by various governments across the African continent to restrict press freedom. The various restrictions in many African countries have included prior censorship, closure and even suspension of newspaper publications. The other more punitive measures have included arrests and detentions of journalises, physical torture, murder, imprisonment, expulsion of foreign correspondents and general intimidation and threats. All these measures have seriously restricted press freedom in many countries (Moyo, 2005). For instance, on 5 June 2017, Algeria police arrested journalist Said Chitour at Algiers International Airport as he returned from Spain. His arrest was not made public until after 3 July. He was charged with espionage for ‘leaking classified documents’ to foreign diplomats. Before his arrest, the security forces questioned him about his work with foreign journalists. On 12 November, the Bir Mourad Rais Criminal Court indicted him, and was reminded of facing a possible jail term of up to 20 years in prison if convicted. It was also revealed by his defence lawyers that he was suffering from several chronic diseases including diabetes at the time of his arrest and detention. His health later deteriorated in prison while in detention at Algiers’ El-Harrach Prison while on trial at Dar El Beida Court (Bouchaib, 2019). Similarly, in January 1993, Malawi’s co-founding editor of the New Express newspaper Felix Phiri was arrested for carrying ‘an unauthorized publication.’ He was returning from Zambia carrying preliminary copies of the newspaper. Its front cover stories criticized the government’s treatment of political prisoner Martin Munthali. The paper was due to be launched the same week the editor was arrested. The Malawi harassment happened in the same month authorities in Sierra Leone jailed editor of the New Breed newspaper George Khoryama for publishing leaked information of a meeting between leaders of the All Peoples Congress and the

14 

B. CHAMA

country’s police chief alleging that the political party was not ready to consider elections (Ogbondah, 1997). Furthermore, on 16 September 2017, three Equatorial Guinea security officers arrested journalist Ramón Nsé Esono Ebalé around 7:00 pm following his satire drawings and critical commentary on the government of President Teodoro Obiang Nguema Mbasogo. The security operatives stopped and handcuffed him and had his mobile phone seized while getting into his sister’s car after leaving a restaurant in the capital Malabo. He was then taken to the police station for interrogation about his work as a cartoonist and was asked to make a statement explaining his drawings about the country’s leadership. In addition, he was also accused of money laundering and counterfeiting. He later appeared in court on 3 October to give a statement before a judge and was then taken back to prison. The situation of journalists in the country has continued to worsen in recent years as authorities continue to suppress critical voices (Salgado, 2016). Another similar incident of journalists’ harassments is that of Niger journalist Bourema Hama who in February 1992 after being arrested for covering an attempted coup was thereafter brutally tortured. He was also severely beaten by the country’s security agents while his equipment was seized (Frere, 1996). Similarly, in the same month, the authorities in Rwanda arrested and detained the owner of Rwanada Rushya newspaper Andre Kameya for violating national security and for insulting the Rwandan president Juvenal Habyarimana (Ogbondah, 1997). The criticism of religious beliefs also attracts serious government crackdown on press freedom in many African countries. For example, on 24 December 2014, Mauritania’s journalist Mohamed Cheikh Ould Mohamed was sentenced to death on apostasy charges which followed his arrest on 2 January the same year at his home in the city of Nouadhibou. The death sentencing was in connection with an article published by Aqlame newspaper on 31 December 2013 titled ‘Religion, religiosity and craftsmen’ which criticized the country’s caste system, an extremely delicate subject in the country. The article argued that the followers of Islam interpreted the religion according to their lived circumstances. Before his arrest, he had written similar articles in the past that criticized Islamic religious beliefs in Mauritania. It is generally a sensitive issue when it comes to reporting on challenges that face the country’s caste system, and journalists that expose institutional discrimination because of their caste are regularly arrested (Foster, 2010).

1  INTRODUCTION: TABLOID JOURNALISM AND PRESS FREEDOM IN AFRICA 

15

Furthermore, another issue that attracts harassment of journalists in many African countries is the criticism of the ruling leadership and pointing out incompetency. For instance, this was the case in March 1992 when Cote d’lvoire paramilitary gendarme seized all copies of L’Oeil duPeuple newspaper. The law enforcement agencies claimed the articles ‘offended President Houphouet Boigny’ after the publication criticized him for failing to punish his Army Chief, responsible for the army raid at the University of Abidjan, during which soldiers beat up and raped students at the campus. Similarly, the editor of the Liberte newspaper Jacques Kacou was arrested and jailed for an article that put the blame entirely on the President (Ogbondah, 1997). The publication of ‘false news’ further discussed at considerable length in this book’s coming chapters is another issue that often puts many journalists in legal jeopardy and exposes them to harassment in Africa. For instance, on 21 July 2016, nine-armed Nigeria’s state security officers arrested Jones Abiri, the publisher of the Weekly Source tabloid at his office in Yenagoa, in an oil-rich southern state of Bayelsa. His office was also searched, and documents confiscated. The arrest was connected to a 10 July article that claimed the military was contemplating a coup against the country’s President Muhammadu Buhari. Since its publication, the journalist behind the story claimed to have been receiving threats from people he believed were working with the security services. For example, the journalist claimed that on 23 July, the security service sent an email statement to him with accusation of being the leader of the separatist Joint Revolutionary Council of the Joint Niger Delta Liberation Force. In the statement, he noted, he was accused of being the mastermind of the oil pipelines bombings, planning attacks in the capital Abuja, and sending threatening messages to international oil companies (Chama, 2019). The other press freedom issue that in recent years has exposed many African journalists to threats of being arrested and jailed is the accusations of being involved in terrorism activities by the government officials. For instance, in July 2012, Ethiopia’s federal high court judge in the country’s capital Addis Ababa sentenced journalist and publisher of the now closed Amharic Ethiopia newspaper Eskinder Nega to 18  years in prison. The sentencing was in connection with his 2011 newspaper columns that drew the comparisons between the Egyptian Jasmine revolution and uprising and the Ethiopia’s 2005 pro-democracy protests. He was also accused of being involved in a terrorism plot and for criticizing the country’s anti-­ terrorism laws that jail prominent journalists and dissident intellectuals.

16 

B. CHAMA

The anti-terrorism laws in the country heavily impact on the enjoyment of press freedom and the work journalists (Skjerdal, 2014). Similarly, in September 2001, Eritrean journalist Dawit Isaac, the co-­ owner of the Setit newspaper was imprisoned for terrorism-related charges. The imprisonment came after a long period of detention by the security agencies. For example, in April 2002, while in prison, he was hospitalized after news emerged that he was heavily tortured and beaten severely. However, on 19 November 2005, he was released on medical reasons, but he was again detained after two days without clear reasons and sent back to prison. He was then held in solitary confinement and later developed mental health problems. Since then, the ruling authorities in the country have given conflicting statements about his status in prison. For example, in a May 2009 interview with the Swedish freelance journalist Donald Boström, the Eritrean President Isaias Afewerki claimed that he was not aware why the journalist was in prison, before adding that the young man had made ‘a big mistake’ without offering details (Murthy, 2012). Furthermore, the African journalists tend to regularly get exposed to intimidation for also covering what authorities often claim to be offensive communication. For example, on 21 November 2017, the Ugandan police arrested Arinaitwe Rugyendo, the co-owner and director of the Pepper Publications Company which publishes Red Pepper and Bwino tabloid newspapers. He was arrested along with seven of his colleagues and on 27 November, they were charged with three counts of libel, three counts of offensive communication, and one count of publishing information prejudicial to security (Namusoke, 2018). Similarly, in Morocco, police officers on 6 August 2017 arrested at his home in the city of Marrakesh, journalist Abdelkabir al-Hor, the director of Rassd Maroc publication after being accused of defending terrorism and actions of the terrorists in the country. The arrest resulted in four years in prison when on 1 February 2018, the country’s Salé Criminal Court found him guilty of ‘terrorism apologism.’ The government authorities following the recent revolutions and uprising in some Arabic-speaking countries such as Tunisia and Egypt have intensified crackdown on journalists and critical voices (Zaid, 2017). Besides, the reporting of corruption is another issue often the ruling authorities tend to find uncomfortable with, and which results regularly in journalists’ crackdown. This was the case on 8 October 2017, when the Somalia regional court in the semi-autonomous region of Somaliland jailed journalist Mohamed Adan Dirir for 18  months. He worked for

1  INTRODUCTION: TABLOID JOURNALISM AND PRESS FREEDOM IN AFRICA 

17

Horseed News newspaper and was charged with criminal defamation and publishing false news. The arrest, charge and imprisonment came after an article that accused a group of private schools in Hargeisa of misconduct and corruption (Chonka, 2017). Similarly, on 25 September 2017, the Egyptian police arrested journalist Ahmed al-Sakhawy at his home in downtown Cairo. He was charged for ‘disseminating false news and belonging to the Muslim Brotherhood’ which is a declared terrorist organization by the Egyptian government (Zeid, 2019). The harassment of African journalists continues to impact on their work especially when it comes to exposing corruption. Since there are no adequate legal safeguards for journalists, and few Constitutional provisions to allow them to access information, they remain vulnerable to civil and criminal charges. Currently, there are very few African countries with laws that give the public including journalists democratic access to information (Namusoke, 2018). Even the various calls for media law reforms have been met with mixed responses from governments. Besides, the repressive laws such as the state security protection are still often used to suppress the press. In fact, some governments use these laws to punish journalists and newspapers perceived as ‘enemies.’ It is not by coincidence that in the wake of the multi-party politics, many African courts are now overwhelmed with legal suits from individuals repeatedly accusing the press, often with wrong motivates of treating them unfairly (Bouchaib, 2019). Furthermore, in recent years in many countries in Africa, the detention and imprisonment of journalists is often used by the government to curb press freedom. This tactic is also used by the ruling authorities to discourage others from disseminating criticisms of the government. Moreover, the detentions and regular imprisonments chill and freeze journalistic expressions at least during the period that the journalists are in detention and even when they are serving time in often very overcrowded and unhealthy prison conditions (Meyen, Fiedler, & Schamberger, 2016). Besides, in recent years, online journalism presence explosion following the advent of internet and social media in Africa has led to many countries developing some legal mechanisms which have intensified the harassment of journalists in many countries in Africa (Banda, 2010). Moreover, there is also an element of fear among many ruling authorities of being removed from power by opposition groups using internet sites especially popular social media. This situation has contributed to the crackdown by the ruling authorities of all sensational online publication that rally the general public, and which for example, was the case in the Tunisia and Egyptian

18 

B. CHAMA

revolutions where social media largely contributed to the uprising (Khamis & Vaughin, 2014).

Press Professional Practices There are many debates that surround the professional practice of journalists in many African countries, just as there are many political dynamics that often impact on the professional behaviour of not only journalists, but also the publications and their media institutions. For example, Mano (2005) explains that many of the debates on the professional practice of journalists in Africa are centred on the newsroom politics. These politics indicate that professionalism of journalists is negotiated by many factors which include the norms of the newspaper publication, to which journalists are expected to adhere. If the publication is privately owned, the norms might differ to that of a government publication. Even though journalists’ conformity is not automatic, as there exist journalism norms to which all journalists are expected to follow, implicitly journalists are often aware of where their publication stands. Besides, there also exist ethical taboos that prevent many publishers from openly commanding journalists to follow laid down policy, even though subtly owners command massive control (Mano, 2005). The political culture of the newsroom of many publications in Africa impacts on the professional practice of journalism and even force journalists to emulate the values of their newspapers. Besides, behind the newsroom rewards and recognitions, there are issues of press institutions owners’ control and editors’ expectations. Just as in any capitalistic organization, journalists and editors are often appointed who can demonstrate a likeminded personality within the press institution; and this becomes a key to their management success. The positions are delegated to carry out the managers’ expectations which then impacts on the professional practice of journalism. Indeed, in the end, the journalists come to know what the press owners want them to do, and what is expected of them in the workplace as often desired by owners (McNair, 1998). The rise in social media and online journalism in Africa has increased the desire for more news by many readers, and this has since led to urgency in many media institutions and even publications when it comes to news sourcing and dissemination (Mabweazara et al., 2014). This situation has since impacted on the professional practice of journalists in many African countries. Moreover, the development in the

1  INTRODUCTION: TABLOID JOURNALISM AND PRESS FREEDOM IN AFRICA 

19

information communication technologies in many countries in Africa, has also led to journalists to practice their profession in a hurry. It is this situation of news craving and urgency that has led the press to be accused by their critics especially the ruling political authorities of paying less attention to news sourcing and presenting it in a hurry to satisfy readers. This situation has also led to many press institutions and even journalists abandoning even the basic professional norms of verifying sources, while showing clear bias and refusing to be held accountable (Mudhai, 2014). By so doing, many of the African journalists and their press institutions are now being accused of causing more harm to press freedom. Even though one can argue that the press is in a hurry to clean up the African leadership incompetency and mess, at least in so doing, there is need to verify the sources which is a basic journalism professional practice. These professional challenges have exposed many African journalists to legal problems while others ending up in prison (Kasoma, 1997). The preoccupation with the profit margins has also continued to impact on the professional practice of journalists in many countries in Africa. Even though the press institutions need money to survive, and there is not just enough advertising opportunities and clients base to attract, and the government which is often the biggest advertiser in many countries tend to be selective by providing advertising space for friendly publication, the press institutions that have found sufficient money-making incentives, have ended up turning their publications into ‘cash cows’ than the need to inform and entertain the masses properly (Ongowo, 2011). It is this cut-­ throat financial competition that has compromised the professional practice of many journalists and their press institutions. Indeed, many African press institutions and their journalists are now ignoring the noble vocation of serving the masses and focusing on serving the owners of the press institutions and their financial interests, while being driven by profit margins, political convenience, and operating with the key desire to make more money (Karikari, 2004). However, despite the various criticisms on the professional practice of many African journalists and their press institutions, they have the potential to play a major role in the democratic processes. For example, in some countries with a more liberal understanding of the press, a trend is emerging in which journalists and their press institutions are now valued by the masses as reliable information sources and society watchdogs (Phiri, 2008). Crucially, these journalists are now also being regarded by many people as true servants of the public interest. There is also an

20 

B. CHAMA

acknowledgement that the publications despite informing the masses, they too need finances to remain sustainable and continue to inform the masses. In the emerging countries with a liberal understanding of the press institutions, journalism is also now seen as capable of serving both the public and the private interests. Moreover, there is also a realization that journalists are also vulnerable to the control of the political elites, their institution owners, and their superiors, and that, journalists are human beings before they are professionals, and are capable of pleasing their masters, their readers, their colleagues and their immediate superiors (Mano, 2005). The other emerging understanding is that journalists are professionals who are highly motivated to speak to truth to power. This is especially common in countries with authoritarian leadership and the realization of the unfair treatment of many journalists who often publish content that many people agree with on regular basis (Chonka, 2017). For example, in countries were journalists have died recently in the line of duty such as Kenya and Cameroun for example, there is also acknowledgement that despite being courageous professionals, there are other people who hold power over them. It is this power relation that impact on their news sourcing, writing and editing (Zaid, 2017). Moreover, in many countries in Africa, even though journalists are seen as courageous to speak the truth to power, these journalists also pay attention to their own lives in terms of safety while taking necessary precautions, they also pay attention to their readers and their family members, their neighbours and to even their close associates. Furthermore, it is also vital to stress here that despite these journalists often making every effort to operate professionally, they also need to earn a living through journalism and survive while enjoying the social positions in society which comes with their profession (McNair, 1998). Besides, there are an increasing number of countries in Africa that continue to support press freedom and to develop the laws and mechanisms to protect journalists and their press institutions. For example, in Ghana, even though the ruling authorities have provided a window of press freedom in recent years, the leaders regularly caution journalists against ‘reckless sensational’ practice. These political leaders often argue that the social cost of press freedom can be too great if used irrationally especially in African countries going through transitions from dictatorships to democracy and those with regular ethnic tensions (Hasty, 2005). Furthermore, there is also a common realization that since the press wield so much power, it can be used negatively to promote hatred, or positively to

1  INTRODUCTION: TABLOID JOURNALISM AND PRESS FREEDOM IN AFRICA 

21

promote unity and educate the public about social and economic issues. However, this can only happen if journalists are able to act professionally and able to present information that allows the public to make reasoned choices (Barratt & Berger, 2007). For example, the main argument that is often used to suppress press freedom by many African leaders in mainly authoritarian countries such as Rwanda, Djibouti and Eritrea for instance is that due to the high levels of illiteracy in many Africa countries, the masses are at risk of being misinformed. These authoritarian leaders argue that the wrong information to the masses in unstable African countries, if provided by unprofessional journalists, can lead to serious consequences. Indeed, it is easy to whip up antagonistic sentiments which can easily influence the masses incapable of critical and level-headed analysis (Sobel & McIntyre, 2017). Finally, it is important to point out here that journalism when it comes to the professional practice in many African countries, it is indeed, in the process of continuous change for the better and in regular formation, while open for honest and realistic guidance. For instance, one way of strengthening the standards of press professionalism is to establish more independent regulatory institutions across the continent (Mano, 2005). Even though statutory regulatory agencies are generally well established in some parts of the continent, but in many others, there is a need for government support. Moreover, there is also a need to establish more press unions to promote ethical standards and minimize state harassment and damaging libel suits (Karikari, 2004).

Press Political Context The press in many countries in Africa continue to operate under a rapidly changing political landscape which often times is contradictory when it comes to understanding what each country perceives to be press freedom (Olukoshi, 2004). As one can imagine, there is often no consensus on the most appropriate way to implement press freedom. Even though there are regional bodies that have provided guidelines, many governments are still uncomfortable with the perimeters. This makes it difficult to implement a uniform understanding of press freedom with many scholars often divided as well. For example, Ogbondah (1997) explains that the press in many countries in Africa operate under a very complex political context and this is largely because of a wide range of political situations. For instance, many African politicians argue that given the continent’s unpredictable political

22 

B. CHAMA

position, a colonial legacy and the fragility of some countries, a free press in the Western sense can easily lead to instability and into internal chaos. Therefore, they justify restrictions on press freedom as necessary for political stability of the continent. The curbing of press freedom in order to bring about stability as many African leaders often argue when it comes to justifying their actions, is not the pinnacle of ensuring stability and bring about full economic development in Africa: In fact, the major cause of instability in many countries in Africa is often the embezzlement and mismanagement of the public funds. It is this behaviour by ruling politicians in many countries in Africa which often results in poverty among the masses, and which leads to resentment of leaders (Phiri, 2008). Furthermore, it is this situation that often triggers instability and uprisings. It is for this reason that there is need for leaders to be held accountable when it comes to the management of Africa’s resources which has the potential to derail development efforts. Moreover, even though development is not only dependant on establishing a free press, but the ability of the press to investigate and unearth corruption among political leaders, is an important element. This is because corruption has been identified by international donors and developed Western countries as one of the reasons for the failure of development programmes and initiatives in Africa (Sobel & McIntyre, 2017). Furthermore, it is also important to point out here that there exists a co-relation between press freedom and the economic development of Africa. This is because the press which is free has the potential to assist in the development of Africa and is capable of exposing mismanagement of resources meant for national development. Arguably, the main factor that has led to the disappointing levels of development in Africa is that its political leaders embezzle public resources often with impunity (Namusoke, 2018). Almost every African leader sees the state as an apparatus for private capital accumulation and political leadership is perceived as the best way to make more money. It is largely the main reason why many political leaders especially the ruling corrupt ones, are very uncomfortable with journalists and press institutions that expose their activities. These corrupt ruling leaders tend to heavily and very often ruthlessly punish journalists who venture into their criminal behaviour with imprisonment and sometimes state-sponsored torture, and in many instances, even with suspicious deaths (Phiri, 2008). Therefore, the press is very critical in Africa’s political affairs especially in exposing corruption, which has led to the plundering of Africa’s

1  INTRODUCTION: TABLOID JOURNALISM AND PRESS FREEDOM IN AFRICA 

23

resources that can be used to improve the standard of living for many ordinary people with no access to the power apparatus. In fact, it is largely due to corruption that the public money has ended up in the private pockets and in overseas bank accounts of many ruling African leaders. It is further evident as observed in some African countries that have provided a window of opportunity for press freedom that a free press can assist in exposing mismanagement, and by pointing out financial misconduct. Indeed, the are many examples across the African continent in which the press have actually exposed deep-rooted corruption with leaders being held accountable (Ochilo, 1993). For example, one can look at the case of Jacob Zumba, the former South African president whose corruption scandals became regular feature in the local press while informing the masses on many corrupt scandals including on a US $2.5 billion arms deal. The former leader who was in office from 2009 to 2018 was accused of money laundering and racketeering in the deal that involved European military hardware for the country’s armed forces in the late 1990s. He was also at the centre of another corrupt activity that involved his spending of the country’s public funds on a swimming pool and other facilities at his private home in Nkandla, a rural town in KwaZulu-Natal province. In fact, the South African media played a very important role in providing a lot of details that help the masses to understand the corruption scandals and the charges. Similarly, when former Zambian leader Frederick Chiluba was facing corruption and embezzlement charges on 168 counts of theft totalling over US $40 million, the country’s private media played a very important role in informing the masses on how the money was being diverted from the Ministry of Finance into an account in the United Kingdom that was used to fund his clandestine activities and high-end shopping lifestyle overseas. His wife Regina Chiluba was also arrested and charged for receiving and spending stolen money (Chama, 2019). However, it is critical to stress that the press freedom enjoyment largely depends on political context in many African countries and moreover, the high levels of corruption in some countries with some level of freedom, often attracts many stories. In fact, the press which largely covers corruption tend to make people realize that there exists massive looting across the continent. It is this corrupt behaviour pattern that has since led to the countries remaining impoverished despite the presence of natural resources and heavy international donor funding. This book in the coming chapters has also pointed out that in almost all the African countries covered, there

24 

B. CHAMA

exists a systematic strategy of public funds stealing, which makes the press critical partners in the fight against corruption. It is also very clear that African governments that are serious in fighting corruption have since seen the press as important in informing the masses (Agbese, 1988). Unfortunately, in some African countries, the political leaders are uncomfortable to allow the press to act as watchdogs, and many journalists and press institutions are always under constant intimidation. Arguably, this is because some political leaders are always under constant fear, that allowing a free press in the Western world understanding of journalism practice, would readily unearth the staggering proportions of general incompetence and lack of accountability of public funds. Hence, these political leaders are always trying to cover up their corruption by regularly shutting the press institutions that regularly criticize them and even arresting whistleblower journalists. These press institutions are also often seen as an impediment to political leaders’ interests as they often make the public know the facts that leaders would love to be kept secret and out of reach of the masses. Therefore, many political leaders in Africa place limitations on the press as a way to stay in power and to continue looting the public resources (Osia, 1987). On the other hand, it is also important to acknowledge that there are instances the press in some countries in Africa get entangled into politics and even corruption in their quest to inform the masses and remain financially sustainable. For instance, it is evident that being adversarial towards the ruling political leaders can result in the press being shut down easily. It is this situation that at times makes it very difficult for the press to enjoy freedom of expression. Therefore, joining forces with the ruling political leaders and supporting their interests, at times, guarantee the publications lifespan, however, the change of the ruling government, can be catastrophic. The reality is that by joining forces with the ruling politicians, the press often becomes complicity in monitoring and exposing incompetence while gaining access to advertising from the government, which is a major advertiser in many countries (Banda, 2004). Moreover, in some countries such as Cameroon for example, journalists are always being accused of being involved in widespread corruption in what is locally referred to as ‘Gombo’ in which journalists are often bribed to ‘kill’ some stories. At times, journalists are also paid to attack some political opponents and provide good coverage something which is very unethical and generally unprofessional in a country where journalists are poorly paid (Ndangam, 2006).

1  INTRODUCTION: TABLOID JOURNALISM AND PRESS FREEDOM IN AFRICA 

25

This book notes that even though the free press cannot on its own bring poverty and incompetence to an end in Africa, but it can expose condition that allows it to persist. For example, the use of sensational language and pictures to name and shame political leaders who embezzle public funds to account, even though it comes with risks to journalists’ lives in some authoritarian countries, can lead to these behaviours to be reduced. This can also help to send a message to would be offenders that this behaviour is shameful and unacceptable, and that once caught, they will be named and shamed in the court of public opinion. It is for this reason that the press becomes critical partners in the development of the African continent (Pratt, 1993).

Data Journalism in Tabloid Practice There is an emerging trend of data tabloid journalism in many African countries covered in this book which continue to expose many tabloid journalists to frequent arrests by politicians especially orchestrated by ruling political parties and impacting on press freedom. This data trend is now exposing many tabloid journalists to many information sources in which they are able to analyse various documents and databases and then expose not only political statements inconsistencies and lies, but also wrongdoing. Even though studies on data journalism in general in many African countries remain scarce, there are emerging scholars that are looking at the prospects and also challenges (Akinfemisoye-Adejare, 2019). In tabloid journalism practice, data journalism now involves the use of different data sources to offer context to a news story and explain it better. It is becoming common in many African countries in which tabloid journalists are using different datasets such as infographics, numbers, charts, statistics, among others, as sources upon which the news stories are regularly being based while directing readers carefully and properly to the real news behind the headlines (Mutsvairo, Bebawi, & Borges-Rey, 2019). The increase in the information flow due to digital technologies and social media including other software programs has led to this emerging new form of tabloid journalism as it has now become very important to not only access this information but to be able to filter it properly. In fact, tabloid journalists are now able to not only tell the story on the scene but to provide context and explain in details what it really means to the readers and help them connect parts (Muneri, 2019). For example, in many African countries, tabloid newspapers are now able to provide information

26 

B. CHAMA

that uncover scandals and provide context to their reporting often by analysing numerous information sources and incidents. The data collected is often assembled properly and logically to inform the readers about the state of affairs of their countries and sometimes calls for law enforcement agencies to act and investigate the datasets provided (Nduhura, 2019). In other instances, after providing massive data, tabloid newspapers even make policy recommendations and the need for new legislations. It is also evident for many tabloid journalists and newspapers that have embraced data journalism that it is now able to provide them with deeper insights into their news stories and also enhancing their news writing and reporting (Mutsvairo et al., 2019). However, the need to offer context to news stories and analyse information carefully by consulting different sources that data journalism offers to tabloid journalists has come with many challenges that now impact on the press freedom enjoyment. This is because sometimes tabloid journalists are able to connect missing information, often provided by news markers especially by those who might want the news to be kept out the general public. If for instance such news markers as individuals have access to instruments of power, they are able to use various mechanisms such as arrests and intimidation of tabloid journalists to suppress them from further pursuing the news stories and inform their readers clearly and accurately (Muneri, 2019). Despite the emerging challenges of using data tabloid journalism to press freedom, there is evidence that in many African countries, tabloid newspapers that provide detailed examination of datasets, can lead to clear and more concrete news results on issues and topics of national interest. Moreover, data tabloid journalism is also being used to reveal very often hidden political and economical agendas, that might not be visible to many readers when first reported as news and might not even initially be considered as a priority news (Akinfemisoye-Adejare, 2019). For example, this book’s chapter on tabloids in Southern Africa and emerging cyberspace laws shows that authorities are now realizing how multiple sources of information can actually enhance data-driven tabloid journalism and how it is leading to many tabloid journalists to have and utilize different sources of information especially from online databases to report concrete news and information to the readers with clear context of what is behind the news (Moyo, 2019). Furthermore, data tabloid journalism is also helping tabloid journalists to understand information by explaining the truth behind many of the political statements and make connections

1  INTRODUCTION: TABLOID JOURNALISM AND PRESS FREEDOM IN AFRICA 

27

between assertions and facts (Mutsvairo, 2019). It is also allowing many tabloid journalists to verify the claims often made by many politicians and even elites with influence. In addition, it is providing opportunities for tabloid journalists to cover many important and potentially life-changing stories in their respective countries for many readers which they could not access before (Muneri, 2019). In many African countries covered in this book, data journalism is also providing many tabloid journalists with the ability to filter massive sources of information and tell a concrete news story to their readers. For instance, tabloid journalists are now able to dig deeper into many stories and news leads that might otherwise have been missed by many journalists and reporters (Nduhura, 2019). The fact that there are now many digital databases in existences because of the improvements in media technologies in recent years in many countries in Africa, it is now much easier than before for tabloid journalists to analyse critically the news and even able to link stories on an issue of critical importance and public interest, while filling missing gaps with evidence to tell a clear story to their readers (Akinfemisoye-Adejare, 2019). Furthermore, data journalism has given many tabloid journalists more credibility as their tabloid newspapers are now able to show how they arrived at their conclusions and the sources of information which were consulted while guiding their readers properly and persuasively (Moyo, 2019). This is despite the many challenges that continue to impact on press freedom, as many more and more tabloid journalists continue to embrace data journalism as discussed in this book in considerable depth, including the question of reliability of information, and the motive of the news reporters and their newspapers when it comes to news writing and reporting (Mutsvairo et al., 2019).

Tabloid Journalism and Press Freedom in Africa: An Outline This book looks at tabloid journalism and press freedom in Africa. It analyses emerging trends, challenges, successes and lessons learned to improve the situation. This book is structured in seven chapters. This opening Chap. 1 offers an introduction to tabloid journalism and press freedom in Africa. Chapter 2 discusses tabloids in Southern Africa and emerging cyberspace laws. Chapter 3 looks at public order and the impact of national security laws on tabloids in North Africa. Chapter 4 analyses the impact of

28 

B. CHAMA

defamation laws on tabloids in West Africa. Chapter 5 discusses the false news laws impact on tabloids in East Africa. Chapter 6 looks at sedition and treason laws and the effect on tabloids in Central Africa. Chapter 7 provides the final word reflecting on tabloid journalism and press freedom in Africa while looking to the future.

Bibliography Agbese, O. (1988). Defense expenditures and private capital accumulation in Nigeria. Journal of Asian and African Studies, 23(3), 270–285. Akinfemisoye-Adejare, M. (2019). Data journalism in Nigeria: Interrogating the Nigerian mainstream media’s data-driven reporting of the election of 2019. In B.  Mutsvairo, S.  Bebawi, & E.  Borges-Rey (Eds.), Data journalism in the Global South (pp. 73–84). London: Palgrave. Banda, F. (2004). Newspapers and magazines in Zambia: A question of sustainability. Lusaka: Media Institute of Southern Africa. Banda, F. (2010). Citizen journalism and democracy in Africa. Grahamstown, South Africa: Highway Africa. Barratt, E., & Berger, G. (2007). 50 years of journalism: Africa media since Ghana’s independence. Johannesburg: African Editors’ Forum. Behmer, M. (2009). Measuring media freedom: Approaches of international comparison. In A.  Czepek, M.  Hellwing, & E.  Nowak (Eds.), Press freedom and pluralism in Europe: Concepts and conditions (pp.  23–36). Chicago: Intellect Books. Berger, G. (2007). Media legislation in Africa: A comparative legal survey. Rhodes: School of Journalism and Media Studies. Bouchaib, A. (2019). Algeria: There is no political reform without freedom of expression and media. London: Open Democracy. Chama, B. (2017). Tabloid journalism in Africa. London: Palgrave Macmillan. Chama, B. (2019). Anti-corruption tabloid journalism in Africa. London: Palgrave. Chonka, P. (2017). News media and political contestation in the Somali territories: Defining the parameters of a transnational digital public. Journal of Eastern African Studies, 13(1), 140–157. Fliess, M., & Sandeen, R. (2000). Press, power and politics. Arlington: The Freedom Forum Media Studies Center. Foster, N. (2010). Mauritania: The struggle for democracy. Boulder: Lynne Rienner Publishers. Frere, M. (1996). New private media in French-speaking West African countries: The problems and prospects: The cases of Benin and Niger. Afrika Focus, 12(1-2-3), 85–117.

1  INTRODUCTION: TABLOID JOURNALISM AND PRESS FREEDOM IN AFRICA 

29

Hasty, J. (2005). The press and political culture in Ghana. Bloomington: Indiana University Press. Karikari, K. (2004). Press freedom in Africa: Challenges and opportunities. New Economy, 11(3), 184–186. Kasoma, F. (1997). The independent press and politics in Africa. International Communication Gazette, 59(4–5), 295–310. Khamis, S., & Vaughin, K. (2014). Online citizen journalism and political transformation in the Tunisian and Egyptian revolutions: A critical analysis. In H.  Mabweazara, O.  Mudhai, & J.  Whittaker (Eds.), Online journalism in Africa: Trends, practices and emerging cultures (pp.  156–171). New  York: Routledge. Mabweazara, H., Mudhai, O., & Whittaker, J. (Eds.). (2014). Online journalism in Africa: Trends, practices and emerging cultures. New York: Routledge. Mano, W. (2005). Press freedom, professionalism and proprietorship: Behind the Zimbabwean media divide. Westminster Papers in Communication and Culture, Special Issue, 56–70. Mathurine, J. (2004). SADC media law: A handbook for media practitioners, volume 2. Johannesburg: Konrad Adenauer Stiftung Media Programme. McNair, B. (1998). The sociology of journalism. London: Arnold. Meyen, M., Fiedler, A., & Schamberger, K. (2016). It is a crime to be abusive towards the president: A case study on media freedom and journalists’ autonomy in Museveni’s Uganda. African Journalism Studies, 37(3), 1–18. Moyo, D. (2005). The ‘independent’ press and the fight for democracy in Zimbabwe: A critical analysis of the banned Daily News. Westminster Papers in Communication and Culture, 2005, 109–128. Moyo, L. (2011). Blogging down a dictatorship: Human rights, citizen journalism and the right to communicate in Zimbabwe. Journalism: Theory, Practice & Criticism, 12(6), 745–760. Moyo, L. (2019). Data journalism and the Panama Papers: New horizons for investigative journalism in Africa. In B. Mutsvairo, S. Bebawi, & E. Borges-Rey (Eds.), Data journalism in the Global South (pp. 23–38). London: Palgrave. Mudhai, O. (2011). Immediacy and openness in a digital Africa: Networked-­ convergent journalisms in Kenya. Journalism, 12(6), 674–691. Mudhai, O. (2014). Immediacy and openness in a digital Africa: Networked-­ convergent journalisms in Kenya. In H.  Mabweazara, O.  Mudhai, & J. Whittaker (Eds.), Online journalism in Africa: Trends, practices and emerging cultures (pp. 123–140). New York: Routledge. Muneri, T. (2019). Prospects for data journalism in Zimbabwe: Challenges of engendering a democratic society and an informed citizenry in the digital age. In B. Mutsvairo, S. Bebawi, & E. Borges-Rey (Eds.), Data journalism in the Global South (pp. 39–52). London: Palgrave.

30 

B. CHAMA

Murthy, C. (2012). State owned media and democratization in Eritrea. Global Media Journal, African Edition, 6(2), 172–215. Mutsvairo, B. (2019). A new dawn for the ‘Developing’ word? Probing data journalism in non-Western societies. In B. Mutsvairo, S. Bebawi, & E. Borges-Rey (Eds.), Data journalism in the Global South (pp. 1–20). London: Palgrave. Mutsvairo, B., Bebawi, S., & Borges-Rey, E. (2019). Data journalism in the Global South. London: Palgrave. Namusoke, E. (2018). Uganda: Press freedom attacked by state bodies. The Common Journal of International Affairs, 107(2), 221–223. Ndangam, L. (2006). ‘Gumbo’: Bribery and the corruption of journalism ethics in Cameroon. Ecquid Novi African Journalism Studies, 27(2), 179–199. Nduhura, D. (2019). Hobbling across bumps and grinds: A study of the possibilities of journalistic reinvention through data journalism in Rwanda. In B.  Mutsvairo, S.  Bebawi, & E.  Borges-Rey (Eds.), Data journalism in the Global South (pp. 53–72). London: Palgrave. Ochilo, O. (1993). Press freedom and the role of the media in Kenya. Africa Media Review, 7(3), 19–33. Ocitti, J. (1999). Media and democracy in Africa. Weatherhead Center for International Affairs, Harvard University. Ogbondah, C. (1997). Freedom of the press freedom and political development in Africa. African Media Review, 8, 1–39. Oloyede, I. (2005). Press freedom: A conceptual analysis. Journal of Social Sciences, 11(2), 101–109. Olukoshi, A. (2004). Changing patterns of politics in Africa. Cadernos de Estudos Africanos, 5(6), 15–38. Ongowo, J. (2011). Ethics of investigative journalism: A study of a tabloid and a quality newspaper in Kenya. Leeds: University of Leeds. Osia, K. (1987). Black Africa and dilemma of development. Journal of African Studies, 14(2), 37–45. Phiri, I. (2008). Evolution of anti-corruption journalism in Africa: Lessons from Zambia. Global Media Journal – African Edition, 2(1), 15–13. Pratt, B. (1993). Fallacies and failures of communication for development: A commentary on Africa South of the Sahara. Gazette, 52(2), 93–107. Salgado, S. (2016). Political participation, alternative media and citizen journalism in Lusophone Africa. In H. Mabweazara, O. Mudhai, & J. Whittaker (Eds.), Online journalism in Africa: Trends, practices and emerging cultures (pp. 187–201). New York: Routledge. Skjerdal, T. (2014). Online journalism under pressure: An Ethiopian account. In H.  Mabweazara, O.  Mudhai, & J.  Whittaker (Eds.), Online journalism in Africa: Trends, practices and emerging cultures (pp.  89–103). New  York: Routledge.

1  INTRODUCTION: TABLOID JOURNALISM AND PRESS FREEDOM IN AFRICA 

31

Sobel, M., & McIntyre, K. (2017). Reconstructing Rwanda: How Rwandan reporters use constructive journalism to promote peace. Journalism Studies, 19(4), 2126–2147. Wagner, B. (2011). I have understood you: The co-evolution of expression and control on the internet, television and mobile phones during the Jasmine revolution in Tunisia. International Journal of Communication, 5(1), 1295–1302. Wasserman, H. (2010). Tabloid journalism in South Africa. Bloomington: Indiana University Press. Zaid, B. (2017). The authoritarian trap in state/media structures in Morocco’s political transition. The Journal of North African Studies, 22(3), 340–460. Zeid, D. (2019). Songs from Egyptian sums to media. Global Media Journal, 17(32).

CHAPTER 2

Tabloids in Southern Africa and Emerging Cyberspace Laws

Introduction Across the Southern African region, tabloid journalism practice regularly put journalists in conflict with law enforcement agencies because of its sensational nature of screaming headlines accompanied by colourful pictures. Moreover, generally across the region, the politicians too often become jittery and uncomfortable with sensational reporting that often present information mixed with entertainment to the general public. It is with this regard that courtrooms and prisons are often crowded with tabloid journalists and owners of the tabloid press institutions. Besides, in this age of online journalism and social media, many people in the Southern African region have become active users of online media platforms and a common criticism that is emerging against online tabloids is that they peddle sensationalism instead of providing information able to contribute to democratic citizenship (Chama, 2017). The online tabloids are now being accused of reducing their readers to the role of consumers and preventing them from being critical citizens when they are exposed to sensational online materials. However, many tabloid newspapers continue to argue that they articulate the politics of the everyday lives for readers whose formal politics are often far removed from their lived experience, and that they play a critical role in informing the masses especially those unable to read detailed information (Wasserman, 2010). However, the governments in some regional countries have started to develop cyberspace laws to control online tabloid newspapers and other similar © The Author(s) 2020 B. Chama, Tabloid Journalism and Press Freedom in Africa, https://doi.org/10.1007/978-3-030-48868-0_2

33

34 

B. CHAMA

publications with an online presence. These laws are now affecting not only the producers of information but also the online users who are able to access this information online (Peterson & Doctors, 2013). This chapter looks at tabloid newspapers in Southern Africa and the emerging cyberspace laws. It focuses on Angola, Botswana, Lesotho, Mozambique, Madagascar, Mauritius, Namibia, South Africa, Swaziland, Zambia and Zimbabwe. It argues that across the region, tabloid journalism practice regularly put journalists in conflict with law enforcement agencies because of its sensational nature of screaming headlines accompanied by colourful pictures. It notes that politicians often become uncomfortable with sensational reporting. It argues that the advent of online journalism and social media have led to many tabloids embracing these platforms with many readers become active users and participants. It notes that governments across the region have started to develop cyberspace laws to control online media activities seriously affecting tabloid newspapers with an online presence. It argues that these laws are now affecting journalists and their publications and users who are able to access this information online. It concludes while looking at different tabloids in the region that the online laws that are emerging will continue to impact on press freedom and general citizens’ rights to freedom of expression.

Mapping Print and Online Tabloids in Southern Africa There are so many tabloid newspapers that operate in print and online in the Southern African region and a close analysis show an emerging trend of tabloids that once operated and struggled in print format and even those which in recent years ceased operation are now emerging with an online presence and having a social media feed to broaden their readers (Mutsvairo, 2016). There continue to be a rise in the number of readers that consume tabloid newspapers in print and these numbers are also being observed on the online platforms of the tabloid newspapers and their social media feeds (Chama, 2019). Perhaps the main reason why so many people continue to get attracted to online tabloid newspapers in Southern Africa is due to their news format which is often crisp in terms of texts accompanied by colourful pictures and videos which help many readers in the comprehension of the content while engaging them effectively (Jotia, 2018). However, online tabloid newspapers continue to

2  TABLOIDS IN SOUTHERN AFRICA AND EMERGING CYBERSPACE LAWS 

35

experience resistance from several forces in Southern Africa who include religious groups, politicians and cultural conservatives who see the online genre as breaking down the cultural norms (Salgado, 2014). Other critical voices in many Southern African countries often argue that the online tabloid newspapers are not only lowering the professional practice of journalism as traditionally understood (Chama, 2017), but are also now culprits in spreading sensational gossip and innuendos while using their social media outlets. It is this criticism that has resulted on the government in many Southern African countries to start developing laws in order to monitor online behaviour (Mabweazara, 2018). Even though both print and online tabloid journalism practice exists in different genres in Southern Africa, the common observation is that the news is often accompanied by screaming headlines, colourful pictures and sensationalism in news content which is graphically presented (Mare, 2013). The tabloid genre is generally meant to attract the reader to look at every content either in print or online which often involve brief stories with an emotive touch. It is a genre that continues to divide opinions in many Southern African countries regarding press freedom (Wasserman, 2010). However, the major area of criticism is whether this form of journalism either in print or online should be taken seriously due to its tendency to play with peoples’ emotions in name of press freedom perimeters. On the other hand, its supporters continue to argue that press freedom should encompass voices even those one might not agree with as long they are not breaking any law (Berger, 2007). It is within this regard that the treatment of tabloid journalists, newspapers either in print or online, including the tabloid press institutions vary remarkedly across the Southern African region. Even when it comes to the harassment of tabloid journalists, there exist widespread variations when one looks at South Africa for example in comparison with its neighbouring Zimbabwe. It is for this reason that across the Southern African region, many tabloid journalists continue either to enjoy press freedom to a reasonable measure, while others continue to face varying degrees of intimidation especially when it comes to investigations into the corrupt practices of government officials which is the central focus of many tabloids, with key reporters becoming specialists in this field and increasingly finding themselves under regular attacks especially in Mozambique and Zambia (Banda, 2010). Indeed, there are now measures by governments to restrict print and online tabloid newspapers including their social media feeds and platforms

36 

B. CHAMA

which is a threat to press freedom in Southern Africa which includes either publication closure or just denial of service for the online publications (Mabweazara, 2014). Other measures to control tabloid cyberspace includes arrest and detention of journalists suspected to be behind the online tabloid articles, physical torture, imprisonment, expulsion of foreigners linked to online tabloid news articles, and general intimidation and threats. Despite these challenges that online tabloid journalists continue to encounter on regular basis because of the emerging online laws, what is evident is that even though press freedom is an ideal, in this age of online tabloid journalism and social media in Southern Africa, it is becoming very critical in the development of the Southern Africa’s democracy (Chama, 2012).

Emerging Cyberspace Laws and Tabloid Journalism The emerging cyberspace laws in Southern Africa are not only targeting online tabloid journalism practice but also other media institutions and individual citizens. There are currently many people in Southern Africa using online tabloids and their social media platforms and the emerging laws are now impacting on their press freedom and freedom of expression online. There is also an emerging pattern in regional countries showing that ruling politicians seems to be worried that such platforms could be used to foment revolt (Moyo, 2011). Many of the leaders in the region seem to be unprepared and are seeing the threats emerging and are now racing to tighten their grip on power by proposing and developing telecommunication and cyberspace laws. The emerging online tabloid newspapers which are now being accompanied by the social media revolution continue to drive the change in Southern Africa while connecting many people to internet while online journalism continue to flourish. Meanwhile, many information communication technology experts continue to warn the Southern African governments to be extremely careful and avoid being exposed to online criminals who have the potential to disrupt not only the political stability but very important infrastructures. However, critics continue to argue that the emerging laws are now clamping down on the use of online platforms that promote good governance, mobilize citizen engagement and express dissent (Kihara & Njeri, 2016). For example, Zambia is among the earliest adopters of internet in sub-­ Sahara Africa with the installation of satellite technology and dial-up at the University of Zambia in the early 1990s. It is also the first country in

2  TABLOIDS IN SOUTHERN AFRICA AND EMERGING CYBERSPACE LAWS 

37

sub-Sahara Africa to censor online content when in 1996 the government demanded the removal of the banned edition of The Post tabloid newspaper from the publication website and threatened legal action and criminally liable against the Internet Service Providers Zamnet. Similarly, in July 2004 Zambia introduced a new internet crime bill that was to see convicted hackers facing up to 25 years in jail arguing that the country’s existing legal system did not address the high-tech cybercrimes. The government also argued that hacking was becoming a major problem in the country with critics pointing out that the law would make access to internet very difficult. This followed the famous case of cybercrime after the hacking of the government website which saw the country’s president by then Frederick Chiluba’s picture being replaced with a cartoon. The suspected person who was accused of hacking the website was charged with defaming the head of state, but the case failed because there was no law in Zambia to deal with cybercrimes. Moreover, in July 2013, three online tabloid newspapers—Zambia Reports, Zambia Watchdog and the Barotse Post were all blocked in the country until April 2014 apparently for their critical coverage of the ruling Patriotic Front and its leader Michael Sata. Moreover, in April 2018, the government introduced the Cybersecurity and Cybercrimes Draft Bill with provisions that critiques argue will infringe on internet freedom as it provides penalties for up to one year in prison. Its wording is so vague that states ‘any use of electronic communication with intent to intimidate, coerce, cause and harass, leading to substantial emotional distress to a person’ could be prosecuted. Many critics argue that the law could be used to crackdown even on legitimate online expression and constructive criticism of political leaders by tabloid newspapers. Even though the country’s Constitution protects press freedom, but the Defamation Act of 1964 criminalizes defamation while the State Security Act of 1969 is often used to intimidate online activity by tabloid newspapers. Moreover, the government continues to shelve freedom of information bill while journalists continue to experience violence in their work and retaliation for their online reporting often from partisan supporters of the ruling political parties especially in recent years (Chama, 2019). Similarly, Mozambique’s government regularly monitors online media and even tabloid newspapers activities especially content that are critical of officials. For example, in 2017 several online media platforms reported that journalists that expressed critical views of the ruling government received threatening text messages on their WhatsApp and Facebook

38 

B. CHAMA

accounts. Many tabloid journalists are now cautious when it comes to expressing political opinions online in fear of repercussion. There are also reports regularly in many media institutions of government intelligence agents monitoring online activities. This is despite the passage of the freedom of information law in 2014 which was well received by many media institutions. However, the law is not taken serious by many government officials. For example, it compels officials to respond to information query within 21 days. But still many journalists do not get requested information even after the specified period. Besides, even though online tabloid newspapers have limited presence with many being published in Portuguese, which is spoken by about 11 per cent of the population, threats to tabloid journalists continue to increase (Tsandzana, 2018). For instance, an editor of online Diario Noticias newspaper Paulo Machava was in 2015 fatally shot in the capital Maputo along Vladimir Lenin Avenue. He was skilled in the morning around 6 a.m. while jogging before going to work. The gun men reportedly fired fatal shots from their moving car. The journalist before his death had also worked for another weekly tabloid Savana and often expressed support for journalists being persecuted. Besides regular threats to journalists, the government also tends to charge those operating online often using the notorious Crimes Against State Security laws (Mare, 2014). For example, in 2014, academic researcher Carlos Nuno Castel-Branco was summoned by the Maputo Attorney General’s Office for questioning over Facebook comment posted in December 2013 critical of President Armando Guebuza. At the same time, tabloid journalists Fernando Mbanze and Fernando Veloso were also arrested and charged for ‘illegal media activity’ and for ‘threatening state security’ after publishing the same comment in their publications Mediafax and Canal de Mocambique. This is despite the new Constitution guaranteeing press freedom even though the 1991 Press Law contains limitations on national security grounds and defamation (Salgado, 2014). It is vital to note here that even countries such as South Africa which is arguably regarded as a leader in print and online tabloid journalism and press freedom in Africa continue to face new cyber laws challenges. This is despite the Bill of Rights in the Constitution guaranteeing press freedom under Section 16 which also provides the right to press freedom and Section 32 (1) which gives the right to access information (Berger, 2011). Moreover, the country’s tabloid Daily Sun is the largest daily tabloid newspaper not only in Southern Africa but also in Africa with sales of over 5,000,000 with an active online presence as well (Wasserman, 2010).

2  TABLOIDS IN SOUTHERN AFRICA AND EMERGING CYBERSPACE LAWS 

39

However, the emerging cyber laws now continue to impact on the practice of online tabloid activities. For example, the Electronic Communications Amendment Bill grants extensive powers to the Ministry of Telecommunications and Postal Services. Similarly, the Films and Publications Amendment Bill, which aims to protect children from ‘harmful and violent’ online content has come under criticism for giving sweeping powers to censor internet content. Moreover, the draft Cybercrimes and Cyber Security Bill includes provisions that threaten freedom of expression and privacy rights. This is at the time when digital activists, political journalists and online tabloids are using social media platforms at an increasing scale (Rodny-Gumede & Hyde-Clarke, 2014). Furthermore, online media use is driving rapid growth among tabloid journalism while also promoting access to information and government services. On the other hand, it is also exposing many online media users to new and sophisticated criminals. For example, annually, the country loses about US $500 million to cyber criminals according to a 2016 McAfee Report. Moreover, local and international hacktivists continue to carry out several disruptive attacks. For example, in July 2016, the South African Broadcasting Corporation’s decision to ban broadcasting of violent protests in Johannesburg resulted in a leading Anonymous Africa hacker claiming responsibility for the several attacks that targeted its website (Kihara & Njeri, 2016). Besides, the emerging cyber laws in Zimbabwe are now heavily impacting on online tabloid newspapers. For instance, despite passing the 2013 Constitution which provides for press freedom and access to information with some limitations, there are still other laws that are not aligned with the media laws (Mavhungu & Mabweazara, 2014). For example, the Security Act and Criminal Law Act heavily restrict what journalist can publish and provides harsh penalties including prison time for violation. Moreover, the 2007 Interception of Communication Act also offers government officials power to intercept telephone and electronic communication and to monitor online behaviour and detect ‘serious offenses’ and ‘threat to national security.’ Besides, the draft Computer Crime and Cybercrime Bill has been criticized that it could lead to unchecked government surveillance and could limit online press freedom (Mutsvairo, 2016). For example, the Source, an online publication, in 2015, published what it argued was unethical banking practices of Steward Bank, a subsidiary of Econet Wireless. However, the bank obtained a court order to have

40 

B. CHAMA

the articles removed online arguing that the information was stolen. The publication was ordered to remove the articles and allow enforcement agencies to extract data from the publication computers. This suggest that despite the country having vibrant online publications such as NewsDay, the Zimbabwe Independent, and the Daily News which resumed operation in 2011 after being closed in 2003, legal challenges continue to emerge (Moyo, 2011). However, internet penetration is increasing with 39 per cent able to access it in 2018 mainly through mobile phones (Internet World Stats, 2019b). There are also media reports that the government has partnered with a Chinese firm CloudWalk Technology in March 2018, to implement a facial recognition program national-wide. Moreover, the government continue to be critical of social media platforms and other online publications including tabloids often arguing that they are being used to mobilize dissent and opposition behaviour to ‘national development’ (Chari, 2014). For example, in August 2016, Jealousy Mawarire the spokesperson for the People First political party was arrested and charged after a social media tweet that accused the country’s education minister Jonathan Moyo of financial mismanagement. He was charged under the old Posts and Telecommunication Act which generally criminalizes sending ‘offensive telephone messages’ as the cybercrime bill was still in draft stage (Kihara & Njeri, 2016). Another regional country going through emerging cyberspace laws is Angola which continue to threaten press freedom and freedom of expression online (Salgado, 2014). Since 2016, the country continues to propose and pass laws to restrict online activities that now pose ‘real threats’ to the practice of online tabloid journalism and press freedom (Kihara & Njeri, 2016). Even though the Constitution provides for press freedom, and the 2002 law provides for freedom of information which grants access to government documents, other laws give the Social Communications Regulatory Body powers to enforce compliance with journalistic ethics and standards. For example, Article 29 gives it authority to oversee editorial guidelines, Article 35 imposes excessive fees to establish a media group and Article 82 criminalizes offensive publication. A January 2017 legislative package gives it power to censor and control critical online information, to regulate journalists’ online behaviour, to investigate online content without judicial oversight, and to ban or suspend websites that fail to abide to its measure of ‘good journalism’ standards. However, critics worry that the law could be used to silence critical online voices and news websites by the government. For example, prominent journalist Rafael

2  TABLOIDS IN SOUTHERN AFRICA AND EMERGING CYBERSPACE LAWS 

41

Marques de Morais was taken to court in March 2018 for ‘crimen injuria’ (insult) following an online article that accused the Attorney General of illegal business transactions that led to his purchase of the land owned by the government. For instance, following the new online media laws, the treatment of journalists has worsened with frequent arrests of individuals suspected of being behind online news activities. Journalists are often singled out for attacks and even jailed especially those critical of corruption. This is despite the country having only few tabloid newspapers with a national reach. Even Folha 8 weekly tabloid launched in 1995 by William Tonet and Leopoldo Baio despite having online presence continues to have its journalists being frequently detained by the law enforcement agencies (Toupin, 2019). There are similar cyber security laws that are emerging in other regional countries such as Botswana which now affect tabloid journalists operating online (Tutwane, 2011). Even though the Constitution does not guarantee media freedom despite referencing freedom of expression under Section 12(1), a right which is not absolute but limited by other laws under Section 12(2) such as public safety, morality and public order, there are many laws that continue to impact online tabloid journalism activities. For instance, Section 47 of the Penal Code gives the President absolute power to ban any publication either in print or online deemed contrary to public interest and this can also be based on opinion (Balule, 2016). Moreover, the Cybercrimes and Computer Related Crimes Act of 2007 under Section 22 empowers the law enforcement agencies to apply in writing to a judicial officer for an order that compel someone to submit data stored on a computer or computer systems. This law impacts on journalists’ ethical obligations to protect the sources. Moreover, the Section 16 of the Penal Code also regulates all electronic traffic in ‘pornography’ and any obscene materials (Rooney, 2018). These laws limit press freedom and monitor online activities. Besides, the country has not enacted laws that provide journalists access to government information. For example, in January 2015, a cyberattack on tabloid Mmegi newspaper wiped out 12  years of archived data with the tabloid arguing that the attack was retaliation by security operatives following a 2012 article that raised questions about the Directorate on Intelligence and Security Services director Isaac Kgosi’s personal finances. Moreover, in 2015, tabloid journalist Daniel Kenosi charged with defamation under Section 16 of the Cybercrimes and Computer Related Crimes Act which deals with unlawful

42 

B. CHAMA

distribution of obscene materials following a social media post that implicated the government minister in a sex scandal (Jotia, 2018). Furthermore, the alleged use of intelligence services to spy on online activities and the work of critical journalists have led to many concerns especially among the journalists with private media institutions to be careful when it comes to posting content online. Even some government employees are sometimes threatened by authorities when it comes to online activities. For example, in 2012 the army was banned from using Facebook and Twitter including other social media platforms for security reasons with many soldiers complaining as an infringement on freedom of speech. The Director of Protocol and Public Affairs Tebo Dikole stressed the need to ensure security in the country to avoid discussing classified information online (Lesitaokana & Akpabio, 2014). Furthermore, in August 2012 the Judge Justice Key Dingake also advised the media to be careful and practice ethical standards especially online while speaking at the official launch of the Botswana Press Council. The growth of online media continues to pose legal challenges to online tabloid journalists in the country. The government continues to discuss ways to enact more online activities laws to bring about peace and stability. Almost all tabloid newspapers in the country have an online presence. The most visited online newspapers sites are the Voice and Mmegi. Moreover, many people read online tabloids in a country with 29 per cent of the population now having access to internet (Rooney, 2018). Another regional country going through cyberlaw challenges is Lesotho which generally does not often restrict the access to the internet. Moreover, even though the Constitution does not directly mention press freedom, freedom of expression generally exists despite deteriorating in recent years. Besides, there are other laws that make it difficult for tabloid journalists to operate online freely (Louw, 2004). For instance, the Internal Security (General Act) of 1984 provides heavy penalties and endangers online activities such as criticism of government is prohibited. The Sedition Proclamation (No. 44 of 1938) has wide definition for seditious libel while information sources are not protected once charged. The Official Secrets Act of 1967 and the Public Service Act of 2005 prohibits government officials from sharing information. Since 2012, the country has been slowly working on developing cybersecurity legislation and data protection which once operational will provide mechanisms to protect usage of private data. The Data Protection Bill of 2013, the Lesotho Electronic Transactions and Electronic Commerce Bill 2013, and the Computer

2  TABLOIDS IN SOUTHERN AFRICA AND EMERGING CYBERSPACE LAWS 

43

Crime and Cybercrime Bill 2013 have progressive provisions and guidelines to protect online intermediaries from third content liabilities (Gwagwa, 2017). These laws all limit the practice of online tabloid journalism in the country and at times tabloid journalists are charged under other laws that are not directly related to cyberspace activities. The fact that the government officials are prohibited from sharing information, journalists are unable to conduct effective investigations in public service delivery. There is also no law that compels government authorities to share information with the media. Moreover, the government has not clearly explained its internet policy, including the cyber and social media laws. However, the government regularly makes attempts to censor online activities. For example, on 26 July 2016, authorities accused social media platforms Facebook and Twitter as allowing the publishing of government-held secrets without consent and proposed to close them down. However, Lesotho Communication Authority as a regulatory board refused the proposal asking the government to formally give it reasons for its actions. The government then asked the regulator to contact the two internet and mobile phone carriers Vodacom and Econet to provide information on whether restriction was possible in the country. The government letter was later leaked to the public with the minister who requested finally distancing himself from the request (Gwagwa, 2017). Furthermore, journalists also continue to suffer physical threats and intimidation especially those working for the Lesotho Times newspaper which also has an online presence as was the case in September 2014, when its editor Lloyd Mutungamiri was arrested and questioned for over six hours then charged with defamation over the information that was given to him regarding the identity of the plotters of the 30 August 2014 attempted coup. Moreover, in July 2016, he was attacked and shot at his house in Maseru leading to his admission in serious condition at Queen Mamohato Memorial Hospital. The attack followed a 23 June 2016 article titled ‘Exist strategy for Komoli’ which discussed the Lesotho Defence Force Lieutenant General Tlali Kamoli’s exist negotiation from the helm of the army and that he was to receive a package of US $3.5 million. The editor and the journalist who wrote the article Keiso Mohloboli were summoned to the police station where they were interrogated and forces to reveal the information sources. Since then, there have been concerns from the media institution concerning the delays in the trial of five soldiers that

44 

B. CHAMA

have been implicated in the attempted murder (Bhila, Mukurunge, & Koroloso, 2019). Similarly, despite Madagascar’s 2010 Constitution providing for press freedom, there are limitations in place for the purpose of ‘public order’ and ‘state security.’ Moreover, defamation remains a criminal offence. There is also no freedom of information laws which makes it very difficult for online tabloid journalists to access information. Besides, in August 2014, the government adopted through its parliament the cybercrime law. For example, Law No. 2014-006 focuses on combating cybercrime. In Article 20 of the law, defamation is a central focus, and anyone using electronic media to defame and insult the government authorities can be punished by two to five years in prison. The law is so vague that it has led to criticism from many tabloid media institutions that it could abuse and limit online press freedom. Moreover, in 2016, the government passed more laws meant to restrict online activities and behaviour which officials argue pose a ‘real threat’ to peace and good order including economic stability and growth. This is despite the country only having 10 per cent of the population able to access internet which remains largely limited to urban areas. Despite this limitation of internet penetration in the country, online news is still seen as a reliable source of information especially for those able to access internet. In addition, many online newspapers use internet hosts located outside the country which makes it difficult for government to shut them down. However, online tabloid newspapers registered with foreign internet hosts but working with local journalists continue to be tracked down and their journalists arrested. For example, in May 2017, investigative reporter Fernand Cello was arrested for defamation and forgery following the report that implicated government officials in illicit mining activities. Similarly, in July 2014, the editor of Madagascar Matin newspaper Didier Ramanoelina and publication manager Jean Luc Rahaga were arrested and charged with libel and other press offences for publishing a letter that claimed the government officials were involved in rosewood trafficking. The intimidation and harassment of journalists continue to exist in the country. For instance, the government often warns the media to stop speculating on matters that boarders on ‘national security’ and threaten regularly to arrest anyone involved on spreading ‘misinformation’ to the public (Kihara & Njeri, 2016). There are also similar cyberlaws challenges taking place in Mauritius which are impacting on the work of online tabloid journalists. For instance,

2  TABLOIDS IN SOUTHERN AFRICA AND EMERGING CYBERSPACE LAWS 

45

the country’s 1968 Constitution already has punitive restrictions despite having press freedom protection mechanisms. For example, Section 12(1) provides for free speech. However, Section 12(2) gives limitation in the interest of public order, safety and morality. Moreover, Section 287 and 287A gives the court special power to ban newspapers for sedition. Section 284 prohibits newspapers or through any medium as specified by Section 206 from inciting civil disobedience. Section 286 gives the President power to ban importing seditious publications. Section 288 prohibits the crime of libel. Moreover, under Section 299, publication of false news is a crime. There is no law that provides public access to government information by journalists (Robertson, 2013). All these laws impact on online tabloid newspapers in a country with only 24 per cent with access to internet. For example, on 9 November 2008, the Information Communication Technology Authority informed the internet service providers in the county to block access to social media in response to the posting of the profile of Prime Minister Navin Ramgoolam which authorities argued was fake and misleading. However, the access to Facebook was restored after the profile was removed. Moreover, in November 2018, government amended the Information and Communication Technologies to include heavy sentences for online messages considered aggravating. The amendments adopted on 6 November 2018 provides up to 10  years in prison upon conviction for internet abuse. The law, which was first introduced in 2001, originally only referred to solely messages that cause distress or anxiety to anyone it is addressed and condition that could only be determined by psychological assessment (Rambaree & Knez, 2017). In this new law, any one can file a complaint and seek damages for the online posts, likes and sharing, that are like to cause humiliation, annoyance, anxiety, distress and inconvenience. The vague nature of the law makes it highly restrictive for online tabloid journalists. This law heavily limits online press freedom and has been criticized by many media institutions and journalists. For example, Nad Sivaramen who is the publisher of L’Epress newspaper and Rabin Bhujun the editor of the inon.news website have argued that the law is a tool for harassment and intimidation (Awatar & Kasenally, 2014). Generally, there exists a systematic abuse of press freedom in the country and many critics argue that government behaviour on journalists regularly infringes on their daily work. For example, on 21 November 2008, authorities in the capital of Port Louis arrested the editor in chief of the

46 

B. CHAMA

Weekend newspaper Gerard Cateaux on charges of disseminating lies and defamation. The arrest followed a news article that detailed the discovery of the money in the safe used by the former head of the Major Crime Investigation Team Premnath Raddhoa. Similarly, in July 2012, the editor of the Sunday Times was arrested and charged with many offences including ‘outrage to public and religious morality, invasion of privacy, and gross affront to human dignity’ after publishing a front-page ‘exclusive’ crime scene photo of a partly naked and dead body of Michaela McAreavy with close-up of her injuries. The government argued that there was no public interest in the story other than to sale more copies of the newspaper on the back of grisly ‘exclusive’ scoops (Robertson, 2013). Furthermore, in 2017, two journalists of L’Epress newspaper Axcel Chenney and Yasin Denmamode and the director of the mother company La Sentinelle Nad Sivaramen were arrested and detained for many hours of questioning after their news articles that implicated Justice Minister Ravi Yerrigadoo in money laundering scheme leading to his resignation. The regular harassment of journalists continues to impact and infringe on press freedom (Chan-Meetoo & Kasenally, 2012). Similar insights can be drawn from Namibia whose Constitution under Article 21(1) guarantees press freedom despite some restrictions under Article 22 which also impacts on the practice of tabloid newspapers and journalists. In fact, there are other laws that restrict press freedom such as the national security laws and public order laws. Besides, there is no access to information laws in the country. Moreover, the 1982 Protection of Information Act limits what can be disclosed to the public by government officials (Mwilima, 2008). Even though there is currently no policy that deals directly with cybercrime and cyber security, however, the government is in the process of creating specifically cybercrime laws in the form of Electronic Transactions and Communication Bill, the Cybercrime draft bill and the Draft Data Protection legislation. The country still has the Computer Misuse Act of 1988 which is currently outdated due to modern advancement in technology (Lister, 2018). There is no internet restriction on the content posted online and there is widespread pattern in which online publications express their criticisms of the government. However, the 2009 Communication Act has sections in its wording that allow for interception of the telephone calls, emails and text messages with some few oversight mechanisms meant to overcome abuse. For instance, the Act allows the government to conduct surveillance on various types of communication without having a warrant. For

2  TABLOIDS IN SOUTHERN AFRICA AND EMERGING CYBERSPACE LAWS 

47

example, in early 2018, the tabloid Namibian newspaper reported that the government is conducting surveillance of online and mobile communication and authorities are cramping down on illegal and criminal online behaviour. It was also reported that the government has bought a trove of surveillance technology abroad to control misinformation online. In fact, over the years, the government has exhibited intolerance towards the tabloid newspaper. For example, in 2001, President Sam Nujoma imposed a ban on The Namibian newspaper which lasted for a decade accusing it of being anti-government. The purchase and advertising in the tabloid newspaper were also prohibited until it was lifted by his successor Hifikepunye Pohamba (Lister, 2018). Moreover, journalists continue to experience harassments as was the case in March 2013, when the editor of the Namib Independent newspaper Gareth Amos was assaulted by police officers who were attempting to arrest a journalist at the publication officers for nonpayment of a traffic fine. The editor was attempting to take photographs of the arrest and after agreeing to pay the fine on behalf of the journalist, the officers then accused him of attempted bribery. He was also accused of obstructing justice and ordered to destroy the photographs. He was then taken to the police station where he was severely beaten again. Furthermore, defamation law also continues to infringe on the practice of tabloid journalists in the country. For example, in January 2014, the Judge asked Informanté newspaper to pay roughly US $5500 to the Minister of Works and Transport Erkki Nghimtina in a defamation case. This came after the minister sued the paper after it published an article in the 22–28 July 2010 edition claiming he used his power to get electricity connected to his mother-in-law’s home. The article titled ‘Nghimtina hijacks rural power plan to pamper in-laws’ argued that he prioritized the electrification to his in-law’s house while the nearby schools and businesses in Omusati Region were left off the power grid. Similarly, in February 2014, the weekly Confidenté newspaper was forced to print an apology by the court on its front-page newspaper to the former president Sam Nujoma over its story that the former leader abused his authority to have his cattle graze on state-owned land (Lister, 2018). Another regional country experiencing cybersecurity challenges is Malawi. Even though its Constitution guarantees press freedom, there are other laws that make it difficult to operate as a tabloid journalist both in print and online. For example, the Protected Flag, Emblems, and Names Act of 1967 and the Printed Publication Act of 1947 restrict the media

48 

B. CHAMA

from reporting on the president among many other limitations. Even though Section 37 of the Constitution guarantees the right to information, there is no enabling legislation to operationalize and regulate access (Gray, 2014). Besides, the government currently has no internet restrictions in a country with only 9 per cent with access due to high subscription costs. Moreover, most of the population with internet often access it through mobile phones (Internet World Stats, 2019a). However, in July 2016, Parliament passed the Electronic Transaction Bill (E-Bill) which makes it a criminal offence for anyone who posts online ‘offensive’ content. For instance, tabloid journalists operating online are vulnerable for prosecution. For example, ‘insulting’ the country’s leader remains active and one can be charged in tandem with the new cybersecurity laws. The Electronic Transactions and Cybersecurity Act came into force on 1 July 2017. Its Article 24 provides restrictions on ‘online communication’ to protect national security and public order. Furthermore, Article 87 penalizes ‘offensive communication’ online that infringes on any person’s privacy rights. There other provisions in the law which have since come under heavy criticism as intended to limit online press freedom. For example, it requires editors of online communication services to make sure that their full names and contact details such as phone and address and registration numbers are displayed clearly online. It also requires the government appointed ‘cyberinspectors’ to inspect and monitor the websites and then report either compliance or noncompliance including unlawful activities to the country’s regulator. Moreover, violence and harassment of journalists is a regular feature in the country. Besides, libel also continues to threaten many journalists in the country. For instance, in 2013, government warned the public not to use social media to defame others as there are many laws that can still catch up with them (Davey, 2014). For example, in November 2010, the Weekend Times tabloid was banned by the government arguing that the publication was not registered with the National Archive—a colonial era law which also require every publication to deposit a copy of each of their publication there. The ban came despite many other newspapers not being registered with the archive. The critics argued that the government could not find the tabloid with any case to answer to ban it for not liking its content and used the archaic colonial era law. The ban came after its front-page headline that alleged the wife of Zimbabwe President Robert Mugabe was having a secret sexual affair (Mchakulu, 2018). Moreover, in September 2011, online

2  TABLOIDS IN SOUTHERN AFRICA AND EMERGING CYBERSPACE LAWS 

49

journalist Robert Chasowa was mysteriously murdered in what authorities claimed to be suicide before reversing their statement and arresting six suspects including a police officer and a former aid to the President Bingu wa Mutharika (Chapatula & Majawa, 2013). Besides, in May 2012, journalist Clement Chinoko of the Sunday Times was arrested for a story about a same-sex engagement of two women in a country that makes such relationship illegal. He was arrested in what the police claimed to be ‘conduct likely to cause breach of peace’ and was detained for 48-hours without a court hearing. Furthermore, in 2013, online Malawi Voice journalist Justice Mponda was arrested in Blantyre for ‘insulting the president’ and publishing ‘false information’ likely to cause public alarm (Gunde, 2015). In addition, in January 2014, journalist Thoko Chikondi’s camera was confiscated by the police as she was photographing the arrest of the former justice minister. Moreover, in February 2018, the Daily Times was forced to apologize after the ruling party criticized its report that showed to favour the main opposition political party in the run to the 2019 national assembly and presidential election (Mchakulu, 2018). Another good example of a regional country whose cybersecurity laws are emerging is that of Eswatini (formerly Swaziland until 2018) despite having a revised 2006 Constitution that protect press freedom. For instance, the Suppression of Terrorism Act of 2008 has restrictions that are used to curb both online and print publications (Rooney, 2011). The Protected Place and Areas Act of 1966, the Proscribed Publications Act of 1968, the Obscene Publication Act of 1927, and the Cinematograph Act of 1968 all impedes on print and online tabloids (Maziya, 2003). Moreover, the Sedition and Subversive Activities Act of 1938 is also heavily restrictive and comes with 20  years in prison upon conviction. The revised Public Order Act of 1963 prohibits any open criticism even online of the country’s culture and traditions including the king’s image (Debly, 2013). The country does not have a freedom of information law. Therefore, accessing information from government institutions is very difficult. Besides, the Official Secrets Act of 1968 prohibits government workers from giving government-held information. Furthermore, its leader King Mswati III has power to suspend press freedom at his own discretion. There are other restrictions on covering the royal family (Masuku & Limb, 2016). Besides, the information communication technologies; social media and other digital platforms are subjected to various monitoring mechanisms by security agencies. Even though the government does not directly

50 

B. CHAMA

restrict internet, only 31 per cent of the population have access due to high poverty levels (Internet World Stats, 2019c). Moreover, critical tabloid journalists continue to be harassment on regular basis in the country. For example, in 2001 when South Africa’s tabloid newspaper Sunday Sun reported about King Mswati III regarding his 18-year-old fiancée Nozipho Shabangu, the police aggressively warned local journalists about the report and confiscated the issue from the distributors. The tabloid claimed the king was planning to marry her as his number 12 wife and take her to the royal headquarters at Ludzidzini. It alleged that he was already having an affair with her even when he decided to select 18-year-old Zena Mahlangu as his 11th fiancée (Rooney, 2011). Furthermore, in April 2012, security forces confronted journalists that were covering the government protests and confiscated their equipment. In the same year, the Times of Swaziland journalist was attacked and assaulted by gospel singer Mzwakhe Myeni who argued that the paper was writing critical stories about his behaviour. In March 2013, the senator requested authorities to identify and prosecute a journalist from the Times of Swaziland who had written an anonymous editorial in 2011 that was critical of parliament. In 2014, the Supreme Court ordered the daily Times of Swaziland to pay an equivalent of US $49,000 to Gelane Simelane-­ Zwane. This was after the newspaper in its 2009 article questioned her family lineage and her claim to the chieftaincy of the KoNtshingila community. Moreover, in the same year, the senate president insulted two South African journalists at the meeting and threatened to deny access to any local journalist who was to later report about the incident (Masuku & Limb, 2016). Besides, on 25 July 2014, Bheki Makhubu a journalist and editor of the Nation publication was sentenced to two years in prison with a fine of US $20,000 which was to be paid in three days. The conviction was on the charge of ‘contempt by scandalizing the court’ after two articles that was critical of the country’s judiciary and the Chief Justice Michael Ramodibedi who was behind the case and the complaint. Similarly, in August 2015, the authorities blocked journalists from covering a traffic accident when several women died as they were travelling to a traditional Reed Dance. Moreover, in January 2017, the editor of the Times Sunday, a sister newspaper to Times of Swaziland received death threats on the planned story about the security personnel’s bad behaviour and misdeeds. In fact, in recent years, many journalists now operate using pseudonyms online and

2  TABLOIDS IN SOUTHERN AFRICA AND EMERGING CYBERSPACE LAWS 

51

on social media in fear of being identified by the authorities. Moreover, they also insist on anonymity when talking to international reporters (Rooney, 2011).

Conclusion There seems to be a pattern in many Southern African countries that when it comes cybersecurity laws many of them are still developing mechanisms to monitor and regulate the online activities especially regarding the diffusion of information. There is also evidence to show that many countries are using the available laws to apply them to journalists and their online publications including social media such as defamation and libel which is often applied (Chari, 2014). There is also evidence that many countries are warning journalists and the general public to be careful while struggling on how to identify the perpetrators many of which operate anonymously. Furthermore, the laws that have been proposed in many countries and even though not yet implemented, will bring about threat to press freedom and will heavily restrict online journalism and citizen engagement (Mutsvairo, 2016). Chapter 3 now discusses the public order and the impact of national security laws on tabloids in North Africa.

Bibliography Awatar, D., & Kasenally, K. (2014). Social media, elections and political engagement: The 2014 General Election in Mauritius. Journal of African Elections, 16, 47–70. Balule, B. (2016). Promoting and safeguarding media pluralism in Botswana: An assessment of legal risks. Commonwealth Law Bulletin, 42(1), 84–104. Banda, F. (2010). Citizen journalism and democracy in Africa. Grahamstown, South Africa: Highway Africa. Berger, G. (2007). Media legislation in Africa: A comparative legal survey. Rhodes: School of Journalism and Media Studies. Berger, G. (2011). Empowering the youth as citizen journalists: A South African experience. Journalism: Theory, Practice & Criticism, 12(6), 708–726. Bhila, T., Mukurunge, T., & Koroloso, N. (2019). An investigation into state suppression of freedom of expression in Lesotho. International Journal of Creative & Innovative Research in All Studies, 2(2), 75–82. Chama, B. (2012). Satirical censorship in press practice in Zambia: A case of newspaper journalist Roy Clarke. Africa Today, 59(2), 80–90. Chama, B. (2017). Tabloid journalism in Africa. London: Palgrave.

52 

B. CHAMA

Chama, B. (2019). Anti-corruption tabloid journalism in Africa. London: Palgrave. Chan-Meetoo, C., & Kasenally, R. (2012). Enhancing democratic systems: The media in Mauritius: A dialogue session. Bamenda: Langaa Research & Publishing Common Initiative Group. Chapatula, H., & Majawa, P. (2013). Use of social media network sites my mass media organisations in Malawi. Aslib Proceedings, 65(5), 534–557. Chari, T. (2014). Online news media consumption cultures among Zimbabwean citizens: ‘Home and away’. In H.  Mabweazara, O.  Mudhai, & J.  Whittaker (Eds.), Online journalism in Africa: Trends, practices and emerging cultures (pp. 200–231). New York: Routledge. Davey, R. (2014). Social media in Africa. London: Law Business Research. Debly, T. (2013). Culture and resistance in Swaziland. Journal of Contemporary African Studies, 32(3), 284–301. Gray, J. (2014). Scales of culture influence: Malawi consumption of foreign media. Media, Culture & Society, 36(7), 982–997. Gunde, A. (2015). Online news media, religious identity and their influence on gendered politics: Observation from Malawi’s 2014 election. Journal of Religious, Media & Digital Culture, 4(1), 39–66. Gwagwa, A. (2017). When governments defriend social media. Nairobi: Strathmore University. Internet World Stats. (2019a). Usage and population statistics: Malawi. Retrieved from https://www.internetworldstats.com/africa.htm#mw Internet World Stats. (2019b). Usage and population statistics: Zimbabwe. Retrieved from https://www.internetworldstats.com/africa.htm#zw Internet World Stats. (2019c). Usage and population statistics: Swaziland. Retrieved from https://www.internetworldstats.com/africa.htm#sz Jotia, A. (2018). The role of social media in freeing Botswana from state control of the media. Journal of Contemporary African Studies, 38(2), 264–278. Kihara, P., & Njeri, J. (2016). Africa cracks down on social media. Retrieved from https://www.bbc.com/news/world-africa-37300272 Lesitaokana, W., & Akpabio, E. (2014). Traditional vs online newspapers: The perspective of news audiences in Botswana. Journal of Applied Journalism & Media Studies, 3(2), 209–224. Lister, G. (2018). Namibian media: Mostly free but fragile. The Commonwealth Journal of International Affairs, 107(2), 229–231. Louw, R. (2004). Undue restriction, laws impacting on media freedom in the SADC. Windhoek: Media Institute of South Africa. Mabweazara, H. (2014). Zimbabwe’s mainstream press in the ‘social media age’: Emerging practices, cultures and normative dilemmas. In H.  Mabweazara, O. Mudhai, & J. Whittaker (Eds.), Online journalism in Africa: Trends, practices and emerging cultures (pp. 65–86). New York: Routledge.

2  TABLOIDS IN SOUTHERN AFRICA AND EMERGING CYBERSPACE LAWS 

53

Mabweazara, H. (2018). African digital media review. African Journalism Studies, 39(4), 1–2. Mare, A. (2013). A complicated but symbolic affair: The relationship between mainstream media and social media in the coverage of social protests in southern Africa. Ecquid Novi: African Journalism Studies, 34(1), 83–98. Mare, A. (2014). New media technologies and internal newsroom creativity in Mozambique: The case of @verdade. Digital Journalism, 2(1), 12–28. Masuku, B., & Limb, P. (2016). Swaziland: The struggle for political freedom and democracy. Review of African Political Economy, 43(149), 518–527. Mavhungu, J., & Mabweazara, H. (2014). The South African mainstream press in the online environment: Successes, opportunities and challenges. In H.  Mabweazara, O.  Mudhai, & J.  Whittaker (Eds.), Online journalism in Africa: Trends, practices and emerging cultures (pp.  34–48). New  York: Routledge. Maziya, V. (2003). Swazi media a bridge over troubled waters: Journalistic views on restrictive media laws. In T.  Khumalo (Ed.), Restrictive media laws in Swaziland (pp. 86–107). Mbabane, Swaziland: MISA. Mchakulu, J. (2018). Mediating at alternative public sphere: Malawian readers attitudes and perceptions towards a tabloid. Cogent Social Sciences, 4(1), 1–16. Moyo, L. (2011). Blogging down a dictatorship: Human rights, citizen journalism and the right to communicate in Zimbabwe. Journalism: Theory, Practice & Criticism, 12(6), 745–760. Mutsvairo, B. (2016). Participatory politics and citizen journalism in a networked Africa. London: Palgrave Macmillan. Mwilima, F. (2008). Practical reality of media freedom: An examination of the challenges facing the Namibian media. Global Media Journal, 2(2), 128–131. Peterson, C., & Doctors, S. (2013). Participatory journalism in Mozambique. Ecquid Novi: African Journalism Studies, 34(1), 107–114. Rambaree, K., & Knez, I. (2017). Young people’s identity and facebook behaviour: The role of gender and ethnicity. Cogent Sciences, 3, 1–12. Robertson, G. (2013). Media law and ethics in Mauritius. Port Louis: Republic of Mauritius Government Information Services. Rodny-Gumede, Y., & Hyde-Clarke, N. (2014). The use of social media as news sources by South African political journalists. In H. Mabweazara, O. Mudhai, & J. Whittaker (Eds.), Online journalism in Africa: Trends, practices and emerging cultures (pp. 114–130). New York: Routledge. Rooney, R. (2011). Voices unheard: Media freedom and censorship in Swaziland. London: Excelsior. Rooney, R. (2018). News in Botswana: Themes in contemporary journalism. London: SMC Online Publishers. Salgado, S. (2014). The internet and democracy building in Lusophone African countries. Surrey: Ashgate.

54 

B. CHAMA

Toupin, S. (2019). Hacking in’ Wikipedia zero Angola. Canadian Journal of Communication, 44(3), 351–359. Tsandzana, D. (2018). Urban youth and social networks in Mozambique: The political participation of the helpless connected. Comunicacao e Sociedade, 34, 251–265. Tutwane, L. (2011). The myth of press freedom in Botswana: From Sir Seretse Khama to Ian Khama. Journal of African Media Studies, 3(1), 43–55. Wasserman, H. (2010). Tabloid journalism in South Africa: True story. Bloomington: Indian University Press.

CHAPTER 3

Public Order and National Security Laws Impact on Tabloids in North Africa

Introduction The tabloid journalists in the North African continue to experience legal challenges in many countries especially in authoritarian regimes which impact on press freedom regularly. There exists a pattern in many countries of consistent intimidation and harassment of tabloid journalists in with authorities often using the more restrictive public order laws and national security laws to curb voices that are seen at a threat to their leadership. These laws tend to provide a chilling effect on many tabloid journalists especially when one is arrested and detained for many months without being charged. The long detention sometimes tends to be contrary to some countries constitutions which provides for charging suspects of crime within 24 or 48 hours after being arrested. However, the period often spent in usually overcrowded prisons provides many tabloid journalists with fear after being released and many leave the profession (Errazouki, 2017). The situation is even more worrisome in this time of social media and online journalism which many tabloid newspapers have heavily utilized to inform their readers in countries with more access to internet. However, online activities have exposed many tabloid journalists to consistent crackdown by the authorities who now see the dangers being posed by online platforms. Even though there are no clear laws that directly address online journalism and social media directly in many countries covered in this chapter, the old public order laws and the national security laws are being © The Author(s) 2020 B. Chama, Tabloid Journalism and Press Freedom in Africa, https://doi.org/10.1007/978-3-030-48868-0_3

55

56 

B. CHAMA

used to monitor and apprehend suspects with many tabloid journalists often becoming victims and being arrested and charged regularly (Fahmy, 2014). This chapter looks at the public order laws and the national security laws impact on tabloid journalism and press freedom in North Africa. It analyses five countries located at the northern part of the African continent focusing on Algeria, Egypt, Libya, Morocco and Tunisia. It first explains the public order laws and the national security laws from the general perspective as understood and provided in the regional constitutions. It then focuses particularly on public order laws and national security laws on tabloid journalism practice. It cites many examples across the regional countries of tabloid journalists and tabloid newspapers challenges. It concludes that the public order laws and the national security laws continue to impact on the enjoyment of press freedom in many Northern African countries. It notes that these laws affect the practice of tabloid journalism and the work of tabloid journalists. It points out that there is need for media laws reform to bring about press freedom and democratic participation.

Public Order Laws The laws on public order offences heavily covered in all regional countries’ constitutions deal with how people are supposed to behave in public places and provides for crowd control when it comes to public events (Webb, 2012). The law also deals with disorderly conduct and ‘unreasonable behaviour’ in public places likely to cause serious annoyance to other people. For instance, in tabloid journalism practice, distributing and even displaying materials that law enforcement officials might argue according to the constitution as being offensive, insulting and even obscene in public places can result in public order offences (Errazouki, 2017). The problem here is that what might be seen as obscene by one person might actually be quite normal to another person which leaves it open to the whim of the law enforcement agencies and authorities to decide and make the arrests which also result in abuse of press freedom (Berger, 2007). Generally, the public order crime involves action that interferes with operations of society and the ability of the people to be able to function efficiently. It is a behaviour that is considered criminal because it is contrary to social values and shared norms. It is a crime that is based on ‘an act that contravenes law’ that provides for public peace. In fact, any

3  PUBLIC ORDER AND NATIONAL SECURITY LAWS IMPACT ON TABLOIDS… 

57

behaviour that is considered disruptive and uncontrollable in public places by the law enforcement agencies is often criminalized under the public order laws in regional countries. Basically, in the public order crime, the state perceives itself to be a victim and then criminalizes the behaviour that it seems to be threatening. Furthermore, it then asserts the need to use the law in order to bring about order which is both in moral and in legal sense (Ashry, 2018). In many regional countries, a public order offence is a crime that is related to disorderly behaviour and conduct that breaches peace. However, there continue to be discussions on whether public order should be criminalized especially if the activity is in the best interest of the society. For example, in recent years, many countries in North Africa have been going through political changes in which the majority of the population have risen and demonstrated against their political leaders calling for change (Lynch, 2012). Even though political changes have eventually taken place in countries such as Egypt, Tunisia and Algeria, but many tabloid journalists have also ended up with criminal offences under public order laws. Indeed, the question is not whether it is appropriate to use punishment to enforce public order and regulate behaviour into what is normally acceptable, but sometimes there exists an abuse of these laws in order to suppress those resisting and calling for change which might even be necessary and constructively required (Farmanfarmaian, 2014). Moreover, even though there are times the government is expected to regulate moral behaviour in the interest of the public good, but there is also need to clearly identify the social problems that should be considered threatening and appropriate for legal intervention and also to pay attention to the extent to which criminal law should be enforced. For example, if the actions by the government lack societal consensus, then there is need to re-evaluate the moral positions being enforced as they might not be in the interest of the public good (Berger, 2007). Furthermore, there is also legal inconsistency when it comes to the application of public order laws in some regional countries. For instance, often times, the government supporters tend to be given freedom to demonstrate and even defame others in tabloid papers who are seen as oppositional to government interest with less legal consequences. However, those that are critical of government behaviour tend to regularly get charged with public order offences. This reflects the fundamental problem with the application of the law. Moreover, the law is also often vaguely explained in wording in a number of constitutions across the regional

58 

B. CHAMA

countries. This creates problems for many tabloid journalists who see the law as selective and unfair when it comes to the application and the notion that there is no equal justice before the law (Bouchaib, 2019). Moreover, another problem with the public order law application in regional countries is that the ruling politicians tend to find it easier to talk dismissively about arresting their supporters for disorderly behaviour while acting ruthlessly to those against their interests. This also makes it difficult for many tabloid journalists to believe that the government is actually acting in the best interest of the public good (Zaid, 2017). For example, that public order crimes that cause more controversies to tabloid journalists are those which are directly related to the local perception of morality. For instance, if the behaviour of politicians is genuinely seen as corrupt and unacceptable by the majority of not only tabloid journalists and their newspapers, but also the general population, the government suppression of demonstration to bring about public order tend to be unpopular. It is for this reason that in countries that have been going through demonstrations, even the military and the police who are supposed to enforce the laws, some have joined to rise against their own leaders and government to which they have vowed to protect. Therefore, to argue that public order law works all the time is to ignore the range of fundamental questions and circumstances especially in democracy (Simon, 2011). Besides, the fact that many tabloid journalists and their readers might be aware of the public order laws and yet chose to ignore them especially in times of social uprisings suggest the limitations of the law. It also provides a challenge that if such countries are founded on the democratic principles, then they should encourage the governments whose leaders are elected by the majority population to repeal such laws. In fact, the failure to do so just undermine the respect to any similar laws that need to be followed especially those which deal with practical policing using the state police. For example, using public order law to arrest tabloid journalists reporting on private engagement of same-sex couple might be popular to the general public especially in countries where these relationships might be illegal, but might be contrary to the right to privacy. Therefore, when considering the activities that need to be prohibited, it is also important to consider other laws that might be at conflict and contrary to democracy and human rights to which these countries might have committed to uphold (Colombo, 2019). Furthermore, public order law can be an infringement on press freedom as often the charged crimes tend to encourage a climate in which the

3  PUBLIC ORDER AND NATIONAL SECURITY LAWS IMPACT ON TABLOIDS… 

59

law tends to not be respected or taken seriously because of contradiction in the application. This creates an environment in which many tabloid journalists become victims because it is easily violable especially that there is no clear victim to complain (Berger, 2007). Moreover, critics often argue that to criminalize behaviour that is not harming a society violates press freedom and is generally unacceptable in democratic and free societies. Besides, critics also point out that criminalization of actions that leaders feel is immoral despite not being proven to be harmful violates the principle of press freedom. Moreover, there is also a tendency in many regional countries for authorities to use the public order laws to suppress even legitimate discussions on issues of public interest (Shaat, 2015). There also exists an element of cost when it comes to enforcing public order crimes which impacts negatively on society and on individual freedom and rights. This also often emerges as the law enforcement agencies tend to abuse their powers and usually use brutal force which results in tyranny and contrary to democratic processes. Therefore, this leads to the development of an apparatus of coercion who are often law enforcement agents tasked with enforcement of the law. These law enforcers sometimes violate press freedom while using excessive force than what is required which then results in coercion and brutality (Wagner, 2011). Besides, in some regional countries, the public order laws sometimes target certain groups of tabloid journalists especially critical ones. This situation sometimes leads to resentment of the law and the law enforcement agencies. Sometimes tabloid journalists end up violating the law and committing public order crimes in their coverage of news in their plea for fairness. The selective justice of public order law also becomes a tool to persecute political opponent and even suppress dissent. It also leads to individuals with a good standing in society committing ‘public order crimes’ without even being aware that their behaviour is criminal and illegal until when the state feels it is convenient to prosecute the crimes against them (Voorhoeve, 2018). The public order laws heavily impact tabloid journalists in regional societies and the consequences are often heavy for those outside the ruling class and elites as they have no political connection and financial power to escape prison time. Moreover, it is even worse for those with no knowledge of the law who tend to accidentally commit these crimes and, in the end, suffering severe punishments, when in the first place might not even have known that their behaviour was problematic, illegal and a criminal offence. These tabloid journalists many of them who are arrested

60 

B. CHAMA

unprepared tend to face large financial expenses in terms of fines, while others are detained for months without a charge in overcrowded prisons, and even when charges are placed, they often face a length trial, and their lives become disrupted for ever, and sometimes being jailed for many years without parole (Tayebi, 2013). However, the government authorities often argue that the public order laws exist not only to provide order but also to maintain it. They point out that every society needs an identity and it should not be left for tabloid journalists for example to do what they think to be right. They argue often that every tabloid journalist freedom ends where the rights of others are infringed and note that there is need to monitor and enforce the public order law. Hence the morality of individual journalists collectively affects the good of the society and therefore, without enforcement of public good, the society will be heavily damaged. It can also lead to a state of chaos. Moreover, authorities also argue that morality builds the character of the nation. They explain often that if individual journalists are aware that there is a possibility that they are likely to be arrested, they are likely to change and modify their behaviour. They note that the problem is not with the law, but enforcement which sometimes is not carried properly (Shaat, 2015). Furthermore, authorities point out that even though there are many laws in place that sometimes do not seem to be working as deterrent mechanisms, but this does not mean that these laws should be decriminalized, but what is needed is to provide more resources into law enforcement agencies so that there is greater awareness and certainty when it comes to conducting arrests and providing punishment. They further note that there is a lack of sufficient resources in many law enforcement agencies due to lack of government priorities when it comes to public order service delivery and financing (Berger, 2007). This encourages widespread disobedience among not only the public but the tabloid journalists as well. This then shows that if public order law was decriminalized, the situation would even be worse, and society will fall apart, and the government will easily collapse into a failed state (Ashry, 2018). Therefore, what is needed is not decriminalizing public order law, but there is a need for sensitization and education campaign for the tabloid journalists and the general public to be aware of the law and understand it well in order to be aware of the implication of their behaviour and moral conduct (Voorhoeve, 2018).

3  PUBLIC ORDER AND NATIONAL SECURITY LAWS IMPACT ON TABLOIDS… 

61

National Security Laws The national security laws criminalize all activities likely to jeopardize the country’s national security and threaten peace. These laws make it illegal to engage in actions with potential to inflict massive injury to the country, its properties and generally its people. The laws that are part of the national security are often widespread and many carry length prison sentences once convicted. For example, publishing classified information on the country’s security can result in espionage in some countries, which is a very serious criminal offence (Berger, 2007). Even though the definition of espionage tends to often be vague, it is generally the act of accessing, communicating and even receiving information about the country’s national defence and security, with potential to injure the country. It can involve publishing content on matters of national security likely to be useful even to another foreign country or power. Similarly, other charges tied to national security laws that often affect tabloid journalists’ publications is the criminal offence of spying. This might involve publishing news and even pictures on matters of national security which can also result in a length prison sentence. For example, publishing ‘secretly’ held government information sometimes results on tabloid journalists being charged with spying. This law in many regional countries is heavily abused and prevents even legitimate criticism of security authorities and their operational incompetence (Ashry, 2018). Another law which might affect the state security common in many regional countries’ constitution is the law of sedition which forbids any incitement of resistance or insurrection against a lawful authority. In tabloid journalism, anyone who is involved in seditious words in writing form is often charged with seditious libel. The seditionist is a person who is involved in promoting interests that are seditious such as publication that calls for insurrection against the government, subversion of a constitution, calling for disobedience against the country’s laws, incitement of violence against the government and its authority, and even writing articles and publishing content that calls for resistance against the government authority (Shaat, 2015). Another law is that of treason which includes attempts to overthrow the government, spying on the country’s military or even its secret services and diplomats on behalf of hostile and foreign power, attempting to kill the country’s head of state and even participating in war which is against one’s own native country (Errazouki, 2017). The law of treason

62 

B. CHAMA

carries extensive prison sentence and in tabloid journalism practice, this might include even publishing materials calling for the overthrow of the government or materials that might be of interest to the hostile and foreign power. Even though this law is well-intended to protect the country and its own people, often times the ruling authorities have a tendency to abuse critical journalists who tend to question sometimes military operations especially in times of corruption. At times journalists are arrested and imprisoned for exposing incompetence in leaders and are often called traitors even though they don’t fit the requirements for being charged with treason which is an abuse of press freedom (Voorhoeve, 2018). The other laws that have become prevalent under state security are the anti-terrorism legislation which have continued to emerge in regional countries which are intended to fight terrorism and criminalize terrorist organizations. The countries are now making amendments to their constitutions to strengthen their security laws in order to fight terrorism-related crimes which are also impacting on tabloid journalism practice. The laws continue to become more and more restrictive especially following the attacks on the countries’ infrastructures which are also impacting on press freedom (Webb, 2012). These laws have also come under criticism from the media institutions for sometimes unfairly restricting even constructive criticism of the government commitment to fighting terrorism without compromising press freedom and individuals’ rights to freedom of expression. The authorities are also often accused of suppressing even legitimate concerns of the people and endangering democracy and its principles and promoting authoritarianism. There is also a tendency among many political leaders to ban publications that are critical of the fight against terrorism, and even arrest anyone who shows sympathy towards accused terrorists, or even questions the unfair treatment of anyone accused of being a terrorist, or belonging to a terrorist organization (Bouchaib, 2019). Even though the fight against terrorism has been in existence and on the international agenda since 1934 during the League of Nations and become well elaborated with the convention to prevent and punish terrorism being adopted in 1937 by the United Nations, many countries have continued to develop and enact country specific laws since the United Nations adopted the ‘Global Counter-Terrorism Strategy’ on 8 September 2006. However, these anti-terrorism laws in regional countries have been heavily abused by law enforcement agencies as many allow them to carry out searchers and arrest the suspect. Sometimes terrorism suspects are violently and brutally interrogated even to the point of being tortured while

3  PUBLIC ORDER AND NATIONAL SECURITY LAWS IMPACT ON TABLOIDS… 

63

others are detained and even summarily executed. Moreover, many tabloid journalists that bother to question or investigate tend to suffer the similar fate as terrorism suspects (Puddington, 2008). Another law related to national security is the official secrets legislation which provides protection for state secrets and official information mainly which relates to national security. This law also prohibits the disclosure of official information and documents that the government considers to be sensitive. The law which is prevalent in regional countries tend to be heavily abused by authorities to prevent tabloid journalists from investigating wrongdoing especially in public service delivery. This law for example requires the officials that work in sensitive areas and that handle official sensitive information to sign statements that they will agree with the restrictions (Al-Asfar, 2013). It is for this reason that the giver of the information and the receiver of the information tend to be held accountable and charged. Even though this law has different wording and titles in the regional countries, the underlying prohibition is the wrongful communication of information that is considered by the government to be sensitive. Moreover, the wording tends to be vaguely presented in several constitutions in regional countries and tend to have a broad reaching. Furthermore, the law makes the general public working in the area of tabloid journalism and with government institutions vulnerable to prosecution (Shaat, 2015). Besides, there have been calls to the government officials to struck down many of these laws by the civil society organizations and the media as being contrary to principles of press freedom, calls which have largely been ignored with the government often arguing that they are necessary for national security maintenance. In addition, even though this law applies often to civil servants and potentially to anyone within the state, the attorney general is the one who approves the instigation of a suit. Moreover, in some regional countries, the certification of the document as an official secret is not subjected to the judicial review which leads to abuse by the ruling authorities and the law enforcement agencies. Moreover, even the sentencing once found guilty, is so long in terms of years in prison. This has led to many critics to argue that the law is mainly cited and abused by the ruling authorities to silence dissent and prevent corruption exposure by whistle blower civil servants and investigative tabloid journalists (Ashry, 2018).

64 

B. CHAMA

Public Order and National Security Laws on Tabloids The impact of public order laws and national security laws on tabloid journalism practice and press freedom in the Northern African regional countries is serious. For example, in Algeria, despite the country’s constitution providing for press freedom and freedom of expression, the 2009 cybercrime law gives the authorities the right to block any online content including websites that are deemed by the law enforcement agencies as contrary to public order, decency and national security protection (Rugh, 2004). Moreover, even though the information code of 2012 provides journalists with freedom to practice their trade while respecting national identity and cultural values, national unity, national security and public order, journalists continue to be arrested and charged including being imprisoned. There is also no law that provides access to official information. Moreover, the information code also provides a fine and jail time upon conviction. Besides, the country’s constitution has overreach definition for treason as attempt to involve in action aimed at incitement, attempts to change the regime, actions that incites the destruction of the territory, sabotage of economic utilities and public services, and participation in movement to remove the government and the involvement in armed groups (Spadola, 2018). There are many tabloid newspapers and tabloid journalists that operate in the country. Moreover, in recent years many online tabloid newspapers have continued to emerge in a country with 38 per cent of the population now having access to internet. For example, El-Watan and al-Khabar newspapers have continued to remain popular while using their own printing and distributions channels in the country where several newspapers depend on government printers and regularly get threatened by government with revocation of advertising (Ibahrine, 2008). Moreover, the coverage of issues that relate to terrorism and national security remains sensitive and critical tabloid newspapers tend to be regularly threatened. For example, in March 2015, the presidential advisor in a public address on national holiday called all the critical media institutions and their journalists as unethical while accusing the publications of ‘only interested in demoralizing people.’ Furthermore, authorities continue to use public order law against critical tabloid journalists. The law enforcement agencies too, tend to use direct and indirect censorship of tabloid newspapers outlets. For example, Article 98 of the country’s constitution

3  PUBLIC ORDER AND NATIONAL SECURITY LAWS IMPACT ON TABLOIDS… 

65

deals with public order and the law punishes anyone including tabloid journalists who are involved in calling for the organizing and even for participating in an unauthorized demonstration in public places. The law upon conviction comes with up to one year in prison (Zaghlami, 2016). For instance, in 2015, a number of tabloid journalists were charged under public order law for criticizing the public authorities using their online media platform. For example, in April 2015, journalist Tahar Dehejiche was arrested and charged under the public order law in tandem with the national security law for sharing on social media comments and cartoons about the exploitation of shale gas in the country. Furthermore, in October 2015, journalist Hassan Bouras was arrested and charged after being accused of insulting the country’s ruling authorities and for encouraging actions to remove the regime from power contrary to national security laws. Moreover, in November 2015, journalist Mahda Okash was arrested and detained for online comments and photographs that authorities argued were critical state bodies (Webb, 2012). Furthermore, on 11 December 2016, journalist Mohamed Tamalt died in prison after staging a hunger strike to protest against what he claimed to be unfair arrest, detention and charges. His death came while serving a two-year conviction after an online video and poem that was considered offensive to the country’s president and contrary to peace and good order. Moreover, on 18 January 2017, journalist Marzoug Touati, the editor of Al-Hogra online publication was arrested by the security forces at his home in the city of Béjaïa. He was questioned about the video that was published about the interview with an Israeli Foreign Ministry spokesperson. The spokesperson claimed that his country has maintained a liaison office in Algeria even before 2000. The journalist was detained in Oued Ghir prison. He was later charge with violating state security laws. The authorities argued that the journalist was talking to agents of the foreign power and that his intention was to cause harm to the country’s foreign relations and financial interests. He was also accused of inciting citizens to rise against government and carry weapons and gather illegally. In June 2018, he was sentenced to seven years in prison (Bouchaib, 2019). Similarly, on 6 September 2017, many journalists were arrested and charged with public order law and threat to national security law. The arrest followed a protest in the capital Algiers in which the demonstrators were wearing t-shirts with the words ‘Article 102’ that states in the constitution that the president can be removed from office for failure to perform the duties. Furthermore, on 6 June 2018, the court in Relizane upheld a

66 

B. CHAMA

two-year prison sentence for journalist Abdullah Benaoum who was serving the prison term at the time. The journalist was in prison at the time over an online publication that accused the country’s army of being responsible for civilian massacres and disappearance of individuals who were critical of the government during the time of the 1990s internal armed conflict (Zaghlami, 2016). The journalist was serving a prison term after being convicted under Article 46 of the Charter for Peace and National Reconciliation which prohibits tarnishing the country’s image internationally and exploiting internal wound of national tragedy to harm the country’s institutions. Besides, on 14 July 2018, journalist Salim Yezza was arrested and detained. He was then charged for promoting a public gathering that was calling for ‘hatred’ contrary to public order and to national security. The arrest came after an online publication in a 2014 article that criticized the government of discriminating the Mozabites who are part of the country’s Amazigh ethnic population. On 7 August 2018, he was sentenced to one year in prison by a court in Ghardaia (Bouchaib, 2019). There are similar challenges that are being experienced by tabloid journalists in regional country Egypt when it comes to public order laws and national security laws (Ashry, 2018). For instance, the country’s constitution despite providing for free press, there exist wider provisions that make it difficult to protect this freedom in practice. In fact, the country is among the worst offenders of press freedom in the region currently. For example, the law regulating the press, and the media referred to as the Supreme Council for the Media Regulation Law no. 184 of 2018 ratified by President Abdel-Fattah El Sisi and published in the Official Gazette on 27 August 2018, provides sanctions for various violations. It prevents the press whether in print or online from publishing content that is deemed contrary to public order and morals, including calls that encourage breaking the law or inciting violence against the state. It also prevents the publication of content that is deemed a threat to national security. It considers online platforms with 500 subscribers and more as media outlets. The online platforms that desire to gain legal status for websites need to register by providing information about their purpose and ownership and need to pay licencing fees. However, the law is criticized by many media institutions as having a number of vaguely worded prohibitions. For instance, it gives authorities broad discretion to censure and block both print and online content deemed to be a threat to ‘national security.’ It also prevents many individuals including tabloid journalists to express their views and

3  PUBLIC ORDER AND NATIONAL SECURITY LAWS IMPACT ON TABLOIDS… 

67

opinions freely whether in print or through their online publications (Shaat, 2015). Moreover, the government continues to arrest, detain and charge journalists while others continue to be given length prison sentences especially on the disguise of national security laws and public order laws. The critical tabloid publications are the most vulnerable and often suffer serious government crackdown and intimidations. Besides, the government also has a tendency to use the 2015 Counter-terrorism Law that generally prohibits journalists from publishing information on sensitive security issues especially content that contradicts the government accounts of the national security information. This law is heavily criticized by many tabloid media institutions and journalists as being vague especially when it comes to the definition of terrorism. It is also heavily abused by the authorities to suppress tabloid journalists to report freely on matters of national interest (Radsch, 2016). Moreover, some tabloid publications also tend to be accused of being involved and even cooperating with terrorist organizations. These accusations often come especially when publications show constructive sympathy to the treatment and the human rights of the accused individuals especially those accused of being the members of the now-banned Muslim Brotherhood. There has also been an increase in the blocking of online tabloid publications with authorities often arguing that they are involved in supporting terrorism activities and threatening peace and public order in the country (Allam, 2018). For instance, in 2018, the Katib news online was banned by the government authorities after a report that highlighted the abuse of human rights in the country. It was also asked to pay the registration and licencing fees under the new media laws. Moreover, the Supreme Council for Media Regulation informed the publication that there was no guarantee that even after submitting the required documents and payments, the website was to be unblocked. This was despite the publication’s willingness to provide the required paperwork. Similarly, al-Masry al-Youm newspaper was fined after an article that detailed vote buying. It was also slapped with a number of charges that included disturbance of peace and threatening the national security. Its editor-in-chief Muhammad Sayyid Saleh was also investigated heavily, and publication pressure led to being replaced in April 2018. Similarly, another publication fined was Masr al-Arabia with its the editor-in-chief Adel Sabry being detained by security forces in the same month regarding the same report. The charges also varied and

68 

B. CHAMA

ranged from public order disturbance to national security offences (Zeid, 2019). Moreover, in August 2018, the government passed the cybercrime law which obliges the internet providers in the country to store information for users for 180  days. The government law states that the information should be available when requested by the law enforcement agencies. The law also gives the law enforcement agencies powers to block any website without the judicial approval if these websites are deemed as contrary to peace and good order and threatening the national security laws. This is despite the law being criticized by many tabloid media institutions and journalists as threatening press freedom and journalists’ responsibilities to hold the state accountable as required in democracy (Allam, 2018). Furthermore, tabloid journalists also continue to be subjected to regular threats and intimidations. Moreover, many continue to languish in the country’s prisons especially under the terrorism charges. There continue to exist a systematic suppression of press freedom in the country in recent years. The frequent arrests continue to be widespread among independent publications and tabloid journalists. In fact, the emerging laws even though the government continue to argue that they are intended as bring about peace and national security, they are also being used unfairly and largely ignore government friendly publications and journalists (Ashry, 2018). The critics of the media laws continue to argue that in fact the laws are all merely designed to crackdown on critical voices. They also further note that the tabloid newspapers crackdown is generally meant to strengthen the ruling authorities grip on power and crush dissenting voices. These laws are also intended to suppress press freedom in the name of the public order law and the national security law. However, the government authorities continue to argue that these laws are a legitimate concern to bring about peace and stability while promoting democracy (Shaat, 2015). On contrary, critics continue to point out that these laws are threatening and reducing the media participation as critical and constructive voices in the current political and legal environment in the country. They also stress that the government authorities continue block and ban publication which is a threat to press freedom and abuse of human rights (Radsch, 2016). For example, in March 2019, the Supreme Council for the Media Regulation fined the weekly newspaper al-Mashed and ordered it to have its website blocked for six months. This blocking and directive came after it was alleged that the online platform published content that depicted

3  PUBLIC ORDER AND NATIONAL SECURITY LAWS IMPACT ON TABLOIDS… 

69

what authorities considered to be explicit sexual materials. The government authorities further argued that the content was contrary to what it viewed to be requirements to public order and that the content was an insult to the female artists in the country. However, its editor Megdi Shendi argued that the ban was nothing to do with the ‘sexual’ content, but the government annoyance after it had earlier reported that the country’s security personnel were involved in extortion in the city of Cairo against the business owners to generate fund to be used as bribes for the April 2019 constitution amendments referendum (Zeid, 2019). Basically, the fact that the government is comfortable with the media that support its interests has now resulted in a very distorted image of the country. In fact, this is especially for the international community who only hear what the state wants them to hear. This has also impacted on press freedom and discouraged open debate while encouraging the extreme resentment of the political authorities which doesn’t now guarantee the long-term peace and stability (Radsch, 2016). For instance, in May 2016 journalists Mahmoud al-Sakka and Amr Badr were arrested during the demonstration that protested the cessation of the Tiran and Sanafir Islands. This is despite there existing claims of democracy and press freedom in the country. However, a closer investigation while talking to journalists on the ground in the country suggest that it is merely in theory than practice and more needs to be done to bring about this realization in practice (Allam, 2018). Another country experiencing challenges when it comes to public order laws and national security laws is Morocco whose tabloid journalists continue to be prosecuted regularly. This is despite the 2011 constitution providing for press freedom under Article 25, even though the wording is so vague that it hinders media protection. Moreover, there continue to emerge laws that restrict this freedom and limit the practice of tabloid journalists. For instance, the 2016 press code under Article 71 and 72 gives the government the right to shut down any publication deemed a threat to public order and national security (Benchenna, Ksikes, & Marchetti, 2017). It also provides heavy fine for publishing content seen by authorities as disturbing public order of roughly US $21,000 with the maximum of roughly US $52,000 if content offends the military. These fines are largely out of reach for many local tabloid journalists. Besides, the anti-terrorism law of 2003 provides criminal penalties that are heavy and also jail time. Similarly, the law is vaguely worded for incitement of terrorism and advocating for terrorism actions. For example, the law also gives

70 

B. CHAMA

government powers to delete content deemed to disrupt public order or encouraging terror and threatening national security. Its Article 218-6 assign legal liability to anyone who help the author in distributing content that promote public disorder or terror actions which includes online news owners. Furthermore, its Article 218-2 provides for prison terms of two to six years and fines for those convicted both for online and offline content (Kadoussi, 2018). Besides, the government tends to use these laws to suppress critical coverage of the country’s affairs by the tabloid newspapers. Moreover, the tabloid journalists also tend to be subjected to frequent arrests including heavy fines especially for those working for privately owned newspapers that are more critical of government operations. Furthermore, the journalists are also at times imprisoned for trumped-up criminal charges. For example, in May 2012, journalist Mohamed Sokrate was arrested and slapped with many charges including disturbing public peace and endangering national security. He was finally sentenced to two years in prison (Zaid, 2017). However, the journalist supporters argued that the government was unhappy with his articles on the king’s behaviour and other sensitive political issues facing the country. Similarly, in May 2013, journalist Mustafa al-Hasnawi was arrested and charged under the country’s anti-terrorism laws. He was advocating for the human rights of incarcerated members of the Islamic movement. He was sentenced to a four-year jail term with critics arguing that he was punished for defending human rights while exposing government incompetence and violation of human rights (Tayebi, 2013). Besides, in September 2013, journalist Ali Anouzla of the Arabic edition of the Lakome news website was arrested and charged with ‘glorifying terrorism’ which carries 20 years in prison upon conviction. The arrest and the charge came after an article with an online link to a YouTube video in which an extremist group criticized Morocco’s King Mohamed VI and called for the young Moroccans to wage a jihad. However, the publication supporters accused government of hiding behind the pretext of anti-terrorism laws as it was uncomfortable with the publication exposure of corruption and impunity in the in the loyal family. The article followed a publication which also criticized the king for pardoning a child molester (Errazouki, 2017). Furthermore, in March 2015, journalist Hicham Mansouri was arrested at the time he was investigating human rights abuses by the government and alleged government surveillance of human rights activists. He was given many charges including disturbing public order. He was later

3  PUBLIC ORDER AND NATIONAL SECURITY LAWS IMPACT ON TABLOIDS… 

71

convicted of involvement in adultery and imprisoned for ten  months. Similarly, in July 2015, law enforcement authorities disrupted a training session for journalists and confiscated their equipping and later charged them with threatening the national security and failure to disclose the sources of their foreign funding for the program sponsors (Kadoussi, 2018). Moreover, in August 2017, journalist Abdelkabir El Hour the founder of an online news website Rassd Maroc was arrested and charged for ‘praising terrorism’ and ‘inciting civil disobedience’ and was placed under preventive detention. He was detained in Marrakech after the Crown Prosecutor in Rabat issued a detention order. His publication is often accused of being close to the Islamist opposition group Al Adl wa Al Ihsane (Justice and Charity), and for taking anti-state stances especially during its coverage of the protests in Al Hoceima. Even though it was not clear on how the publication was praising terror as charged by the Public Prosecution, in February 2018, the founder was sentenced to four years in prison for inciting illegal street protests and condoning terrorism in its coverage of the protests (Lomazzi & Sarnelli, 2018). In fact, the Al Hoceima protests emerged after a video footage which was heavily distributed online especially using social media in October 2016 of a fish vendor Mouhcine Fikri who was crushed in a trash compactor while attempting to recover his goods which was confiscated. The protests which spread to other cities apart from Al Hoceima where it started was referred to as al-Hirak Rif (the Rif Movement) and denounced harassment by the ruling authorities and chronic neglect of the poor citizens by the ruling elites (Benchenna et al., 2017). During the protests, many tabloid journalists and ordinary citizens were arrested as part of the government response and crackdown to the protests. Furthermore, several online journalists and bloggers were also later convicted with varying prison terms. For instance, in July 2017, journalist Hamid Mahdaoui of the online news website Badil was arrested and charged with public order offences and national security disturbance for covering the protests and uploading videos of the demonstrations online (Lomazzi & Sarnelli, 2018). He was later convicted and sentenced to three years in prison. Similarly, in February 2018, journalist Taoufiq Bouachrine of the Akhbar al-Yaoum newspaper and its Alyaoum24 online publication was arrested and charged with disturbing national security and public order, sexual assault, rape and human trafficking, and was facing a prospect of 20 years in prison. The authorities also claimed to have a trophy of video evidence to support their charges. However, the journalist supporters argued that

72 

B. CHAMA

the authorities were very uncomfortable with the publication editorials which aggressively criticized the government and argued wanted to silence the journalist (Zaid, 2017). There appears to be a consistent arrests and imprisonment of tabloid journalists in the country which continue to threaten enjoyment of press freedom (Zaid & Ibahrine, 2011). Even though the country has nearly 20 daily publications and about 80 weekly publications with 70  per cent being privately owned, the government continues to exert massive financial and advertising control (Tayebi, 2013). This forces many start-ups tabloids either into silence while avoiding controversial stories which might annoy the government, but which comes with financial benefits, or if the publication decides to take a hard line that is critical of government often leads into bankruptcy and harassment (Zaid, 2017). Besides, the access to internet continues to grow with approximate 57 per cent accessing it mainly through mobile phones. There is also an increase of online publications which are also heavily using social media, but this also has come with its new online laws with government crackdown. In recent years, the government has intensified a crackdown on online journalists and regulations (Kadoussi, 2018). Besides, another country which currently is in political and economic turmoil due to civil war is Libya but also developing public order laws and national security laws now impacting on press freedom and on the practice of tabloid journalism (Simon, 2011). For 42 years, the country was subjected to dictatorship under the later Mu`ammar al-Gaddafi who maintained harsh restrictions on press freedom until his removal in 2011 following an internal uprising. During his reign, the constitution was tailored to reflect his ideology and revolution ideas. For example, Article 178 of the constitution provided for life in prison for anyone disseminating information considered a threat to national security and that tarnished the country’s reputation or undermined confidence in the country (Morris, 2014). Its Law 71 banned opposing content to the 1969 revolution ideology as disturbance to public order. But since 2009, the country started to see some window of opportunities for press freedom and greater tolerance for criticism of the government and political leaders. Even privately owned newspapers Oea newspaper and Quryna newspaper were able to publish at times critical articles but with caution (Jawad, 2011). For example, in October 2009, a journalist for Al Manara newspaper who covered a story about the 10 women aged between 18 and 27 who complained about being sexually abused in a state-run residential housing for women who

3  PUBLIC ORDER AND NATIONAL SECURITY LAWS IMPACT ON TABLOIDS… 

73

were orphaned as children was called for questioning by the local police. The journalist was then few days later questioned by the General Prosecutor’s Office. Furthermore, the Libya al Youm newspaper also reported on the same news that the officials threatened to chase from the residence women who complained about sexual abuse and that they were told to retract their statements. However, following sustained tabloid media pressure, the government was forced to open an investigation. It later charged the head of the residential home with sexual exploitation and disturbing peace and public order (Khondker, 2011). However, in 2011, the country was engulfed in popular uprising which led to violent crackdown by the government on the citizens and the media leading to the ousting and the death of the country’s long serving leader Mu`ammar al-Gaddafi (Moore, 2015). The interim leader was put in place, under the National Transitional Council which then struggled to bring about peace and stability across the country. The militia groups and factions have since emerged plunging the country into instability with various groups controlling the various sections of the country. There have also been an emergence of a criminal justice system and government institutions which have since threatened press freedom. Moreover, there have been regular attacks on journalists including torture and detentions (Ziani & Elareshi, 2017). Besides, the National Transitional Council was formed to govern the country during and after the 2011 conflict that led to the ousting of the leader. In May 2012, it passed Law 37 which criminalizes ‘glorifying terrorism and Muammar Gaddafi’ (Al-Asfar, 2013). On 7 July 2012, the elections were held, and the National Transitional Council was dissolved. The General National Congress became the country’s first elected parliament which was mandated to form a government and to prepare and organize for new elections for the Constituent Assembly. However, after the election, the weak interim government struggled to disband widespread armed groups operating in the country (Terry, 2015). On 16 July 2013, the General National Congress approved a law to elect the 60-member Constituent Assembly to draft the country’s constitution. The assembly was expected by December 2014 to produce a new draft constitution. In May 2014, former army General Khalifa Hifter launched a military operation against Islamist factions in eastern Libya with his Libya Dignity Alliance on what he claimed was to eradicate terrorism. On 25 June 2014, the election was held which was marred by boycotts and violence including the low voter turnout for the 200-seat House of Representatives to

74 

B. CHAMA

replace the interim General National Congress. Only 188 seats were filled due to insecurity and boycotts (Moore, 2015). In August 2014, the Libya Dawn Alliance took control of Tripoli; it also declared Omar al-Hassi as its prime minister further embroiling the country into armed conflict. On 1 September 2014, the parliament confirmed caretaker Prime Minister Abdullah al-Thinni as Libya’s prime minister. In the meantime, on 14 September 2014, the House of Representatives passed counter-terrorism law. The critics argued that it was undermining press freedom due to its broad overreach and vague definition of terrorism while providing for very harsh punishment. In November 2014, he was reinstated into active duty by the House of Representatives. By December 2014, the country could still not amend over 30 Articles that provide for death penalty in the penal code for among other things freedom of expression (Baum & Zhukov, 2015). The country’s journalists continue to be subjected to public order laws and national security laws often using the old constitution. The unstable security has created an environment in which journalists remains vulnerable and press freedom is generally hindered (Vandewalle, 2006). For example, in August 2013, a journalist was killed in Benghazi by ‘unknown’ assailants. Moreover, in the same year, a journalist for the al-Ummah newspaper was charged with threats to public order and for insulting the judiciary members after an article that listed judges and prosecutors the journalist argued were corrupt. He was facing the prospect of 15 years in prison upon conviction (Wollenberg & Pack, 2013). Furthermore, in July 2014, journalist Abdelmoez Banoon was kidnapped by unknown assailants and has been missing since then, presumed dead. Similarly, on 26 May 2014, journalist Miftah Bouzeid of Burniq newspaper was killed by ‘unknown’ assailants in Benghazi. Furthermore, on 25 June 2014, journalist Miftah Bouzeid was killed at her home in Benghazi (Baum & Zhukov, 2015). Furthermore, in the same year, journalist Amara al-Khatabi of the Al-Ummah newspaper was sentenced to five years in prison for disturbing national security and public order after criticizing the judiciary as incompetent and corrupt. Besides, in the same year, Al-Mayadeen newspaper in Tripoli and Al-Ahwal newspaper in Benghazi suspended publication due to fear of being killed. In addition, in June 2016, journalist Khaled Al Zantani was shot dead by an Islamic State aligned fighter in Benghazi. Furthermore, in the following month of July, journalist Abdelkader Fassouk was killed by an extremist militia organization (Ziani & Elareshi, 2017). Moreover, on 29 April 2018, journalists

3  PUBLIC ORDER AND NATIONAL SECURITY LAWS IMPACT ON TABLOIDS… 

75

Suleiman Qashout and Ahmed Yaacoubi were arrested for organizing annual media awards and charged with public order offences. In addition, on 31 July 2018, journalist Musa Abdul Kareem of the Fasanea newspaper was found dead after being abducted by ‘unknown’ assailants in Sebha. The death came after having written critical reports on the militia operations accusing them of causing a humanitarian crisis (Spadola, 2018). Besides, the government has also developed internet laws to control the information dissemination which started to emerge under the late President Mu`ammar al-Gaddafi. For example, in January 2010 the government blocked access to seven opposition online websites which included the Libya Al Mostakbal, Al Manara and Libya Al Youm accusing them of being a threat to public order and threatening national security (Simon, 2011). In November 2010, the Internal Security officers arrested 20 journalists and detained them for three days. In recent years, the new recognized government by the United Nations has enacted laws since 2012. For example, in September 2014, the House of Representatives adopted severe punishment for ‘harming national unity’ and ‘terrorism acts’ which are vaguely worded. The laws provide ten years to life in prison for leading, establishing or for ‘joining a terrorism organization’ without requirement for any evidence of violence to be charged (Al-Asfar, 2013). The tensions in country have also continued to mount as various factions compete for power and control despite signing the political deal and even though there have been many recent talks now centring on power sharing agreements. However, the rival groups continue to operate parallel institutions across the country (Moore, 2015). For example, in May 2015, Abdullah al-Thinni, the head of the internationally recognized government survived an assassination in eastern Libya. At the moment the country still remains without a permanent constitution despite the first draft of September 2015 being hampered by political infighting with some groups calling for the re-adoption of the 1951 Constitution of the Libyan monarchy (Ziani & Elareshi, 2017). However, on 25 September 2018, the House of Representatives approved amendments to the 2011 Constitutional Declaration which gave way for a referendum on the draft constitution. Unfortunately, by the end of 2018, the prospects for holding elections for a nationwide vote remained dim due to the political impasse (Spadola, 2018). Another regional country which continues to use public order laws and national security laws that also now impact heavily on press freedom and on the practice of tabloid journalism is Tunisia (Garbaya, 2011). Since 7

76 

B. CHAMA

November 1987, Zine el-Abidine Ben Ali has been president of the country. But at the beginning of 2011, a popular protest emerged forcing him to leave and take refuge in Saudi Arabia. On 19 September 2019, he died in Jeddah in Saudi Arabia. However, his leadership and the ruling Democratic Constitutional Rally party provided limited window for press freedom and tabloid journalism was heavily suppressed and critical journalists under constant arrests (Walid & Soliman, 2015). In 2011, street protests erupted in the country leading to a movement which was largely fuelled by largely grievances against the government which heavily suppressed dissent and repressive laws that curbed press freedom and freedom of expression. Following the ousting of the long serving leader, two interim governments quickly succeeded one another in January and in March pledging to organize new elections and writing a new constitution. In October 2011, the National Constituent Assembly was elected and entrusted to draft a new constitution which was finally in place four years later (Garbaya, 2011). Even though the country’s first constitution was adopted in 1963 by a referendum, it continued to be modified over the years. On 26 January 2014, the country adopted a new constitution which guarantees press freedom and freedom of expression in Article 31. However, some other laws continued exist that restrict press freedom (Farmanfarmaian, 2014). For instance, Article 121 makes it an offence to distribute materials that cause harm to the public order or morals. On 15 June 2010, the lower house of parliament amended Article 61 of the penal code to impose criminal penalties for anyone engaged in activities with agents of a foreign country that impact negatively on the interest and economic security of the country. However, authorities made little progress to overhaul laws that do not comply with the constitution especially in the code of criminal procedure and the penal code (Colombo, 2019). It also has some provisions that can be used to prosecute some statements that authorities consider defamatory. Besides, the 1978 decree provides for state of emergence and empowers authorities to ban actions that threaten public order. Moreover, Article 91 of the Code of the Military Justice provides for up to three years in prison for the offence. Article 86 of the Telecommunications Code criminalizes the offence of harming others and disturbing their well-­ being through the internet (Khamis & Vaughin, 2014). It also provides for prison time upon conviction for actions that harm public order and offensive publications. Furthermore, Article 125 and Article 128 of the penal code criminalize insulting a public official which is heavily abused by

3  PUBLIC ORDER AND NATIONAL SECURITY LAWS IMPACT ON TABLOIDS… 

77

law enforcement agencies to suppress even constructive criticism of their work. In addition, the 2003 Law that deals with terrorism is vaguely worded in the definition of terrorism and many journalists are charged and often convicted. However, on 25 July 2015, parliament adopted a new counterterrorism law to replace it, but critics still argue that it lacks adequate safeguards against abuses. It also gives security forces vague and broad surveillance and monitoring powers. It also provides detention in isolation for terrorism suspects and allows courts to close hearing to the public and to withheld identities of witnesses from the defendants (Voorhoeve, 2018). The tabloid journalists and publications continue to be harassed and intimidated in recent years even though the situation was worse during the reign of President Zine el-Abidine Ben Ali. The country tends to use the ‘public order offenses’ and ‘threat to national security’ and ‘threat of terrorism’ to curb critical voices and crackdown on journalism practice (Wagner, 2011). For example, on 6 July 2010, journalist Fahem Boukadous was imprisoned for four years after being charged with ‘public order offenses’ and ‘threating national security’ following his coverage of the social unrest and demonstration in the mining region of Gafsa in which about 200 people were prosecuted with many accusing the law enforcement agencies of torture and ill-treatment. Similarly, on 8 March 2012, journalist Nasreddine Ben Saida the publisher of Attounssia newspaper was fined about US $623 under public order laws after publishing an article with a photograph of a soccer player embracing his ‘naked’ girlfriend (Walid & Soliman, 2015). The practice of journalism continues to experience challenges which also impacts heavily on the enjoyment of press freedom especially with the rise in terrorism activities in the region. The authorities are now struggling to find the balance between ensuring national security and public order while allowing the enjoyment of press freedom at the same time. For example, in 2013, many journalists were prosecuted and charged with many public order and national security offences all of which carried prison terms (Farmanfarmaian, 2014). For example, on 8 March 2013, journalist Olfa Riahi was charged with public order offences after publishing an article online that accused a former foreign minister Rafik Abdessalem of abusing public funds. Similarly, on 2 March 2015, journalist Yassine Ayari was sentenced to six months in prison following an online publication that criticized the army and its leadership especially the minister of defense for refusing to appoint a new military intelligence head (Colombo, 2019).

78 

B. CHAMA

The journalist also further accused the new military intelligence head of weakening the country’s military institutions and threatening the national security. Furthermore, on 8 July 2015, journalist Noureddine Mbarki of the Akher Khabar Online was charged with complicity in terrorism after publishing an article with a photograph of a gunman who killed 38 foreigners on 26 June 2015. The gunman was pictured while getting out of the car that was being driven by another person just before going into the killing rampage (Choulkha, 2015). The arrests and intimidation of journalists continue to impact heavily on press freedom and even though the constitution has been overhauled to provide laws that promote press freedom, there are other laws that still continue to be used to curtail the practice of tabloid journalism in practice (Voorhoeve, 2018). For example, on 19 September 2016, journalist Jamel Arfaoui appeared before the tribunal in Mednine after being arrested in 2014 and charged with public order disturbance offences and insulting the police officer. She also alleged that she was beaten by the police officers in the front of the Jerba police station (Ferriere & Vallina-Rodriguez, 2014). Similarly, on 26 September 2016, journalist Jamel Arfaoui was charged with offending the army and threatening national security, an offence that carries up to three years in prison. The charge came after the journalist accused the army in a 30 July 2016 article that questioned the lack of investigation by the army into the military plane crash that had killed two officers (Colombo, 2019). Furthermore, on 13 September 2018, journalist Amina Mansour was convicted for two months in prison after publishing online an article that argued that the government’s war on corruption was actually fake and lip service. She was charged for disturbing public order and well-being of others and defaming public servants (Voorhoeve, 2018). It is evident that even after the change of the country’s long serving regime and adoption of the new constitution which provides new and modified laws, the practice of tabloid journalism in practice remains precarious in practice. Moreover, journalists continue to experience harassments and intimidations which hinder the enjoyment of press freedom (Walid & Soliman, 2015).

Conclusion The public order laws and the national security laws impacts heavily on the practice of tabloid journalism, the work of tabloid journalists and on the enjoyment of press freedom in the North African region. It is evident that

3  PUBLIC ORDER AND NATIONAL SECURITY LAWS IMPACT ON TABLOIDS… 

79

there exists a pattern of press freedom suppression in regional countries covered. For example, in all these countries, it is evident that the anti-­ terrorism laws have continued to impact heavily on the work of tabloid journalists with many journalists being charged and imprisoned. Moreover, another law which heavily now impacts on press freedom and the work of tabloid journalists is the public order offences which also are having a serious impact on the critical coverage of the public officials. Even through there is a reduction in the assassinations and disappearances of journalists, in fragile countries such as Libya, there is still serious danger being imposed on the journalists especially those reporting on militia occupied regions. Similarly, journalists also continue to experience restrictions when it comes to the coverage of ‘sensitive issues’ and tend to be arrested and charged under the disguise of anti-terrorism laws, national security laws and public order laws. For example, in Morocco, coverage of issues on Western Sahara remains sensitive and dangerous to journalists just as coverage of the loyal family’s bad behaviour can result in serious charges. It is a similar case in Egypt for example where anti-terrorism laws are still being used to suppress press freedom. This suggests that more needs to be done to guarantee press freedom and journalism practice. The next chapter looks at the impact of defamation laws on tabloid newspapers and journalism in West Africa.

References Al-Asfar, M. (2013). Freedom of expression and information circulation in Libya between the legislator and authority orders. Azzatouyna University Journal, 8, 29–50. Allam, R. (2018). Egypt-media landscape. Maastricht: European Journalism Centre. Ashry, A. M. (2018). The conflict between journalism and constitution of 2014 in Egypt. Global Media Journal, 16(31). Retrieved from http://www.globalmediajournal.com/open-access/the-conflict-between-journalists-and-the-constitution-of-2014-in-egypt.php?aid=87277 Baum, A., & Zhukov, M. (2015). Filtering revolution: Reporting bias in international newspaper coverage in the Lybian civil war. Journal of Peace Research, 1(17), 64–90. Benchenna, A., Ksikes, D., & Marchetti, D. (2017). The media in Morocco: A highly political economy, the case of the paper and online press since 1990s. The Journey of North African Studies, 22(3), 386–410. Berger, G. (2007). Media legislation in Africa: A comparative legal survey. Rhodes: School of Journalism and Media Studies.

80 

B. CHAMA

Bouchaib, A. (2019). Algeria: There is no political reform without freedom of expression and media. London: Open Democracy. Choulkha, L. (2015). ‘Generational effects’ and political opposition under Ben Ali. Revista de Estudios Internacionales Mediterraneos, 19, 57–74. Colombo, S. (2019). Political and institutional transition in North Africa: Egypt and Tunisia in comparative perspective. London: Routledge. Errazouki, S. (2017). Under watchful eyes: Internet surveillance and citizen media in Morocco, the case of Mamakinch. The Journal of North African Studies, 22(3), 361–385. Fahmy, N. (2014). J-blogging and the ‘agenda cutting’ phenomenon in Egypt. In H.  Mabweazara, O.  Mudhai, & J.  Whittaker (Eds.), Online journalism in Africa: Trends, practices and emerging cultures (pp.  172–186). New  York: Routledge. Farmanfarmaian, R. (2014). Media in political transition, focus on Tunisia. The Journal of North African Studies, 19(5), 609–614. Ferriere, A., & Vallina-Rodriguez, N. (2014). The scissors and the magnifying glass: Internet governance in the transitional Tunisia context. The Journal of North African Studies, 19(5), 639–655. Garbaya, S. (2011). The other dimension of the virtual space in the revolution of freedom in Tunisia: From Facebook to Streetbook. The North African Journal. Ibahrine, M. (2008). North Africa: Media systems. In W.  Donsbach (Ed.), The international encyclopedia of communication. London: Wiley-Blackwell. Jawad, R. (2011). Tripoli witness. London: Gilgamesh Publishing. Kadoussi, A. (2018). Four phases on the history of the Moroccan private press. The Journal of North African Studies, 23(4), 647–693. Khamis, S., & Vaughin, K. (2014). Online citizen journalism and political transformation in the Tunisian and Egyptian revolutions: A critical analysis. In H.  Mabweazara, O.  Mudhai, & J.  Whittaker (Eds.), Online journalism in Africa: Trends, practices and emerging cultures (pp.  156–171). New  York: Routledge. Khondker, H. (2011). Role of the new media in the Arab Spring. Globalizations, 8(5), 675–679. Lomazzi, V., & Sarnelli, V. (2018). The end of pan-Arab media? National transnational media identity in Morocco, Tunisia, and Jordan after 2011. International Communication Gazette, 0(0), 1–27. Lynch, M. (2012). The Arab uprising: The unfinished revolutions of the new Middle East. New York, NY: Public Affairs. Moore, C. (2015). Four years after the fall of Gaddaffi: The role of the international community in stabilising fractured Libya. Conflict Trends, 1, 50–56.

3  PUBLIC ORDER AND NATIONAL SECURITY LAWS IMPACT ON TABLOIDS… 

81

Morris, L. (2014). Contextualizing the power of social media: Technology, communication and Libya crisis. First Monday, 19(12). Retrieved from https:// firstmonday.org/ojs/index.php/fm/article/view/5318/4166 Puddington, A. (2008). Freedom in the world 2008: The annual survey of political rights and civil liberties. London: Freedom House. Radsch, C. (2016). Cyberactivism and citizen journalism in Egypt: Digital dissidence and political change. New York: Palgrave Macmillan. Rugh, A. (2004). Arab mass media: Newspapers, radio, and television in Arab politics. Westport: Praeger. Shaat, M. (2015). Media law in Egypt and the universal principles of freedom of expression. Arab Media & Society, Issue 21. Cairo: The American University Press. Simon, C. (2011). Media and the Arab uprisings of 2011. Journalism, 12(1), 647–659. Spadola, E. (2018). Mass media in North Africa: From print to digital. Oxford Research Encyclopedia of African History. Oxford: Oxford University Press. Tayebi, H. (2013). Print journalism in Morocco: From the pre-colonial period to the present day. Mediterranean Journal of Social Sciences, 4(6), 497–506. Terry, P. (2015). The Libya intervention (2011): Neither lawful, nor successful. The Comparative & International Journal of Southern Africa, 48(20), 162–182. Vandewalle, D. (2006). A history of modern Libya. Cambridge: Cambridge University Press. Voorhoeve, M. (2018). Law and social change in Tunisia. Oxford Journal of Law & Religion, 7(3), 479–497. Wagner, B. (2011). I have understood you: The co-evolution of expression and control on the internet, television and mobile phones during the Jasmine revolution in Tunisia. International Journal of Communication, 5(1), 1295–1302. Walid, E., & Soliman, M. (2015). Popular culture in the Middle East and North Africa. London: Routledge. Webb, E. (2012). Holding back the flood: Regimes of censorship in the Middle East and North Africa in comparative. Global Media Journal, 2(1), 1–29. Wollenberg, A., & Pack, J. (2013). Rebels with a pen: Observations on the newly emerging media landscape in Libya. The Journal of North American Studies, 18(2), 191–210. Zaghlami, L. (2016). Colonial media and post independence experience in North Africa. Media & Journalism, 16(29), 159–168. Zaid, B. (2017). The authoritarian trap in state/media structures in Morocco’s political transition. The Journal of North African Studies, 22(3), 340–460. Zaid, B., & Ibahrine, M. (2011). Mapping digital media: Morocco. New  York: Open Society Foundation.

82 

B. CHAMA

Zeid, D. (2019). Songs from Egyptian sums to media. Global Media Journal, 17(32). Retrieved from http://www.globalmediajournal.com/open-access/ songs-fromegyptian-slums-to-media.php?aid=87445 Ziani, A., & Elareshi, M. (2017). News media exposure and political communication among Libyan elites at the time of war. Mediterranean Journal of Social Sciences, 8(1), 330–338.

CHAPTER 4

The Impact of Defamation Law on Tabloids in Western Africa

Introduction The practice of tabloid journalism and the enjoyment of press freedom vary across the Western African region. However, there also exist some patterns in many regional countries covered of tabloid journalists being regularly sued for defamation. Sometimes these lawsuits come with heavy fines after generally what could be considered fair comment in countries with more press freedom tolerance. Besides, the ruling politicians tend to use defamation laws to suppress even legitimate criticism with lawsuits that often provide harsh penalties and often out of reach for many tabloid publications (Berger, 2007). These heavy fines tend to lead to the closure of many tabloid newspapers that depend on limited budget and advertising often from the government which is a biggest advertising client in many regional countries. The major problem also is that in many regional countries, defamation is often treated as a criminal offence which carries prison terms and heavy fines after conviction. Even though at times these penalties and fines are sometimes reduced after appeal, they provide a very chilling effect on tabloid journalists especially during the time the accused are arrested, detained often sometimes in overcrowded prisons which results in limiting and suppression of press freedom (Malu, 2016). This chapter looks at the impact of defamation laws on tabloid journalism in West Africa. It focuses on Benin, Burkina Faso, Côte d’Ivoire, Gambia, Ghana, Guinea-Bissau, Liberia, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone and Togo. It first explains defamation libel law and © The Author(s) 2020 B. Chama, Tabloid Journalism and Press Freedom in Africa, https://doi.org/10.1007/978-3-030-48868-0_4

83

84 

B. CHAMA

defence mechanisms. It then looks at the impact on tabloid journalism practice. It provides a regional overview arguing generally that the ruling politicians often use defamation laws to suppress even legitimate criticism. It argues that many defamation laws provide harsh penalties and fines often out of reach for many tabloid publications. It notes that damages tend to lead to the closure of many tabloid newspapers with limited operating budget. It argues that the major problem is that in many regional countries, defamation is treated as a criminal offence. It concludes that defamation laws continue to seriously impact on press freedom and tabloid journalism. It notes that the defamation charges continue to provide chilling effect on tabloid journalists especially during the time the accused individuals are under arrest and detention.

Defamation Libel Law The law of defamation is generally defined as any statement that has the ability to injure someone’s reputation. A person’s reputation is said to be injured if the statement lowers someone in the estimation of any right-­ thinking members of the society. Basically, whether the statement is true or untrue it doesn’t matter. Defamation statements are generally those that are seen to lower someone’s standing in the eyes of the right-thinking people and by ‘right thinking people’ this refers to values often enshrined in the constitution. The liability for defamation is generally very wide and it is intended to protect someone’s dignity as a human being and intended to protect someone’s reputation in the community of others within the society (Yakubu, 1999). The defamation law focuses on false statements about another person that harms one’s reputation in a very unjust way and this can constitute a tort that calls for financial payments as a result of reputation damage, or treated as a crime that can result not only in a fine but also in a prison time. In some regional countries, a defamation should be a claim that must be generally false. It is also here important to stress that in some regional countries covered in this chapter, defamation is not as a civil wrong but as a criminal offence despite many calls to decriminalize it. Furthermore, some regional countries also have harsh punishment for defamation with regard to the publication of the content that is critical of the national leaders even if these comments might be in the category of constructive criticism or fair comment (Tobi, 2002)

4  THE IMPACT OF DEFAMATION LAW ON TABLOIDS IN WESTERN AFRICA 

85

The defamation in published words is referred to as libel and generally a person suing for defamation on the grounds of libel needs to prove that the statement is not only untrue but has caused harm. The publishing can refer to any form of communication which can be in form of written words making an allegation and even printed images that are communicated to other people about the victim. Sometimes those who originated the defamation publications and those that shared the content can also be potentially held liable for prosecution (Peter, 2003). There are many ways one can prove that libel has taken place such as proving that the statement was false and has caused harm while being made without adequate research on whether the statement was true or not. There is also at times especially in the case of celebrities and public officials to show that the statement was not being made with intent to harm and to disregard the truth in a very reckless manner which is often called as an ‘actual malice’ (Uvieghara, 2001). Furthermore, it is vital to note here that in order to sue journalists or their tabloid newspaper for defamation, the victim needs to show that the published content was false, and that the statement has caused harm to the victim, and that the journalist or a newspaper behind the story acted negligently and deliberately (Adah, 2000). The defamation laws differ according to the regional country. Some countries make it easy to win defamation cases while others make it very difficult and create an environment of settling lawsuits outside the court room. Moreover, many tabloid newspapers are often exposed to financial charges often outside the publication operating budget. Besides, many of the defamation ruling sometimes tend to favour the ruling authorities in countries with dictatorship and sideline ordinary individuals and journalists even if their arguments might be not only compelling but also true and justified. Furthermore, it also very difficult for private and ordinary citizens to collect any financial damages for libel caused by the tabloid newspapers because the legal system and the political authorities often pay less interest to affairs of ordinary citizens who are often subjected to libel on regular basis (Kolajo, 2002).

Defamation Libel Defence There are several defenses that can be used against defamation by tabloid newspapers and journalists and this depends on the regional country’s constitution, its political structure and the level of press freedom which is allowed and tolerated in the country. For example, in some regional countries covered in this chapter, one can defend a libel charge if the statement

86 

B. CHAMA

published was true and if what was published was in the public interest (Oloyede, 2005). Furthermore, there are several defenses that can be used regarding libel such as to protect press freedom and freedom of expression in order to serve the public interest. This might allow certain statements to be published if they are true and in public interest (Ogbondah, 1997). Similarly, another defence for defamation is that of privilege. This protects statement which falls under a legal or moral duty to state them for the sake of someone who has an interest in hearing them. For example, this might include a tabloid newspaper that reports organized crime to let the police know what is happening offer evidence (Eribo & Jong-Ebot, 1997). For example, sometimes publishing information of corruption in the criminal justice system can help one to escape defamation out of legal and moral duty as long as there is proof. However, this line of defence sometimes doesn’t work in some regional countries as it can expose tabloid journalists to many other security and national laws offences. The privilege in defamation provides the defamer to show that statement is a result of interest of social importance and that society wants to protect those that act in public interest without being punished but rather protected. But there is need to show that the defendant acted from the motive that was justifiable (Malu, 2016). The other defence of defamation is to show that the content that was published by the paper was made in good faith and there was a reasonable belief that they were true. However, the problem is proving the reasonableness which the courts may inquire and would like to know more information to arrive at this judgement and reasoning process. There is also need for reasonable care and belief which is expected for newspapers for example to check multiple sources and carefully verify the sources of information than relying on the single source (Yakubu, 1999). Another defence of defamation is the notion of fair comment when it comes to matters of public interest. In this regard, the statement made in an honest manner on matters of the public can be used in defence of public interest in some regional countries. This does not mean the arguments should be logically sound. It only means that if any reasonable person can entertain it in an honest manner, then such an opinion or statement can be protected in public interest. But ‘fair comment’ is not often protected in all regional countries as a good defence for defamation. Besides, consent is also used in defence of defamation if the publisher can show that the victim consented to the information being made available to the public. Even though this defence is not very often commonly used to defend

4  THE IMPACT OF DEFAMATION LAW ON TABLOIDS IN WESTERN AFRICA 

87

defamation cases (Tobi, 2002). Furthermore, ‘innocent dissemination’ of information is also regularly used as a defence in defamation. This often happens if the tabloid newspaper can show that the information was as a result of not having knowledge to realize that the statement was defamatory. But the law needs to look at whether negligence was involved which can completely defeat the entire line of defence (Peter, 2003). The ‘libel proof’ is another good defamation defence if the publisher can show that the claimant has no reputable position in society that can be claimed to be under damage. But this might work well if such a person has a very bad reputation in society before the libel. This can mean that there is no damage to reputation that can be said to have been damaged by making or publishing the content (Yakubu, 1999). Moreover, another good defamation defence is the ‘statue of limitation’ which notes that the lawsuit needs to be brought within the limited period of time. Generally, the statue of limitation begins to run from the very day the content is published by the tabloid newspaper for example. Therefore, one cannot bring a lawsuit against the tabloid newspaper many years for example after the defamation statement has been published which can fall out of the statue of limitation laws depending on regional countries laws (Uvieghara, 2001).

Defamation in Tabloid Journalism Practice The tabloid newspapers are more vulnerable to libel and are regularly sued following the publications especially regarding stories that expose conduct of politicians, government authorities and other newsmakers such as celebrities (Berger, 2007). Moreover, the rise of social media and online journalism has led to some regional countries to include publication online such as on Facebook or twitter to be treated as libel, especially with regard to their popularity and addictive nature with some people viewing them as reliable source of information (Kperogi, 2012). The fact that many tabloid newspapers tend to use the tactic of naming and shaming in their news presentation, in which politicians are often paraded as cheats and corrupt, this news presentation usually expose many newspapers and journalists to lawsuits (Ocitti, 1999). Libel in tabloid newspapers can be in form of materials expressed in printed text, pictures, signs and even cartoons. It can be any form of printed communication or online publication that is injurious to the person’s reputation which exposes the individual into ridicule and even public

88 

B. CHAMA

hatred and that damages the person’s profession and even business enterprise (Ogbondah, 1997). Even though libel is generally considered in many countries as a tort (civil wrong) which exposes tabloid newspapers to a lawsuit and often damages if the defamed can prove the statement printed or published was actually a lie, but in many regional countries covered in this chapter, libel is still considered a criminal offence. In fact, the proof of malice, can allow the defamed party to sue for damages to the reputation. For example, if a tabloid newspaper publishes an article about a person who has died. It then argues in the same article that the individual died from human immunodeficiency virus infection and acquired immune deficiency syndrome (HIV/AIDS), and then this turns out not to be true, the surviving members can bring an action for libel and for damages if they can proof the disease cited was not true. In many regional countries, there is a provision that allow the tabloid newspapers to be asked by the defamed party to publish a retraction after the correction is made and brought to their attention. In such cases often times, there is no right to file a lawsuit then (Karikari, 2004). However, many tabloid newspapers often argue that there is need to reform the libel laws especially in regional countries that give their leaders such as presidents overreaching power to defame others, while being protected from being constructively challenged by ordinary citizens and publications. Moreover, they note that libel lawsuit should be malicious enough to constitute grounds for the suing for damages and not just based on minor reporting errors such as getting the age of the person wrong or the title of the individual in the published news (Barratt & Berger, 2007). Furthermore, they state that there must be real damage caused for one to sue the tabloid newspaper than what is often the case in many regional countries covered. In fact, tabloid journalists are often arrested, and their publication closed down even when the statement made was in public interest and turned out to be true. At times even the truth of the published content is not good enough to set the tabloid journalists free especially in regional countries where the police are corrupt, the judiciary are often political appointees and corrupt as well, and the bodies entrusted with monitoring media behaviour also have ruling political party affiliations, it becomes very difficult to escape the libel charges by the tabloid newspapers (Yakubu, 1999). Therefore, many newspapers tend to have a short life span and closed down in a premature way despite adhering to good journalism practice of verifying information before being published.

4  THE IMPACT OF DEFAMATION LAW ON TABLOIDS IN WESTERN AFRICA 

89

Even though there are at times tabloid journalists and their newspapers act irresponsibly while making unfounded allegations on individuals which often turns out to be untrue, it is also vital to stress here that there are responsible tabloid journalists and their newspapers that are sometimes closed down because of dictatorial tendencies by the ruling political authorities who sometimes don’t even tolerate a small window of constructive criticism (Karikari, 2004).

Overview of Defamation Law Impact There exists a pattern in Western Africa’s regional countries of defamation law impact on tabloid journalism and tabloid newspapers which also seem to suppress press freedom (Campbell, 1998). For example, the constitution in Benin protects freedom of speech, but since 2014, laws have emerged to curb press freedom. There has been an increase in number of journalists being jailed over defamation cases even though some judges are hesitant to pursue these persecutions (Houngnikpo & Decalo, 2013). For instance, in 2015, the National Assembly passed the Information and Communication Code of Benin which clarified rights and freedoms of the country’s journalists. It also eliminated the prison time for defamation but retained the fines for defamation. But the country continues to use draconian directives to suppress press freedom. For example, in November 2015, Le Matinal newspaper was suspended for publishing materials that authorities said were abusive of the national parliament and head of the state. The suspension came a week after another publication, L’Enquêteur newspaper was suspended on the very similar grounds. This led to public protests against suppression of press freedom in the country (Falola & Jean-Jacques, 2015e). Generally, the tabloid newspapers are aggressive in their reporting in the country despite being polarized. However, journalists are very vulnerable and government politicians exert a lot of control and often offer bribes in exchange to favourable news coverage. Moreover, sometimes the government uses the threat of withdrawing advertising contracts to influence the news coverage by tabloid newspapers (Awoudo, 2010). Besides, the publications also tend to get funding from political or corporate interest groups. For example, in August 2015, the police officers raided the L’Audace Info newspaper looking for the tabloid director after being accused of defaming a university group in the publication and its social media affiliate. Similarly, in May 2014, the daily newspaper Libération

90 

B. CHAMA

editor François Yovo was arrested and later sentenced to three months in prison for defamation. Furthermore, in June 2014, L’Indépendant newspaper was penalized for defamation after publishing financial expenses and funding details about the president’s foreign travels. It was argued by the government authorities that the article defamed and offended the president and was meant to embarrass the head of state. The journalist Prudence Tessi behind the story was convicted for two months in prison. Its publisher John Akintola received a three-year prison sentence. The tabloid newspaper has a history of aggressive reporting on government and opposition political leaders. It also continues to be a regular victim of government crackdown over the years (Houngnikpo & Decalo, 2013). Similarly, in Burkina Faso, even though its constitution protects press freedom, there are other laws that restrict and that hinder the work of tabloid journalists. For example, the 1991 constitution under Article 8 and the Information Code of 1993 guarantees press freedom. Besides, Article 49 grants every journalist free access to sources of information but with restriction on national security matters and on matters of privacy of individual citizens. However, these laws are not often respected in practice and authorities often use them as justification for refusal to release requested information (Frere, 2014). For example, in July 2016, the journalist working for Le Reporter newspaper Boureima Ouédraogo was given a three-month prison sentence for libel after accusing some ruling politicians of corruption. Similarly, in October 2014, Le Citadin newspaper was suspended. Its editor was sent to prison for 12  months for defaming a politician in the city of Ouagadougou. The sentence came at the time when it was considered a criminal offence for the media to defame the country’s leader (Harsch, 2017). Furthermore, defamation is widely used against tabloid journalists and tabloid newspapers. For instance, in October 2012, journalist Roland Ouédraogo of L’Ouragan newspaper and its editor Lohé Issa Konaté were convicted for criminal defamation and jailed for one year. The conviction was in connection with corruption allegation articles at the State Prosecutor Placide Nikiéma’s office. The journalists were also fined roughly US $2900 and the judge also banned the paper from publishing for six months following the conviction. The charges were with regard to two articles that were published on 1 August and 8 August in the tabloid which provided detailed information on the abuse of power at the prosecutor’s office including high-level obstruction of investigation on the case of currency counterfeiting (Falola & Jean-Jacques, 2015a).

4  THE IMPACT OF DEFAMATION LAW ON TABLOIDS IN WESTERN AFRICA 

91

It is important to point out that sometimes authorities in the country tend to use defamation laws to suppress even legitimate and constructive criticism including exposure of corruption and incompetence. In fact, many times, authorities’ focus tends to be on the charges for defamation against journalists that expose corruption than investigation of the allegations that are often exposed (Frere, 2014). For instance, in June 2016, Journal L’Opinion newspaper was ordered to pay roughly US $6000 for defamation damages after an article that claimed Guy Hervé Kam, a prominent lawyer and civil society activist in the country was a beneficiary of an illegal financial transaction during the country’s political transition. The charge came just after the country’s major media law reform in 2015 that decriminalized defamation. Despite the decriminalization of defamation and abolishing prison sentences, libel continue to carry heavy financial penalties for tabloid journalists who regularly experience pressure from political and government authorities. Besides, ruling authorities regularly threaten tabloid journalists and their publications especially if they publish something they don’t like as was the case in July 2016 when Communication Minister noted that Rémis Fulgance Dandjinou the country’s journalists needed to support all government initiatives and asked those working for government media who did not do so to resign and urged them to prioritize the coverage of government officials (Harsch, 2017). Another regional country Ivory Coast has a pattern where tabloid journalists continue to experience challenges when it comes to defamation laws. This is despite the 2013 media law reforms implemented in 2014 regarding freedom of information. Moreover, even though the country’s constitution protects press freedom, libels carry heavy fines. For example, libel against the head of state and other state institutions carry roughly US $40,000 in fines. For instance, Le Monde d’Abidjan newspaper was suspended for three months in February 2014 for allegation of libel after being accused of insulting the country’s president. Similarly, in July 2015 journalist Joseph Gnanhoua Titi of the Aujourd’hui newspaper was arrested and detained for six days on charges of defaming President Alassane Ouattara after the publication accused the country’s leader of embezzlement of development aid (Falola & Jean-Jacques, 2015b). Despite the country’s decriminalization of libel, tabloid journalists continue to be charged and heavily fined. For example, journalist Koffi Kuassi Norbert was in November 2015 accused of defaming the town of Dabou and was called for questioning to the office of its major after an article in the Soir Info newspaper that described it as being politically unstable.

92 

B. CHAMA

During the interrogation, a large group of the major’s supporters attacked his newspaper business operation and his home was also vandalized (Bouquest, 2007). Similarly, in May 2016, journalist Donatien Kautcha was arrested and detained for defamation of the president following an article that the country’s leader and the ruling authorities were detaining political prisoners. Furthermore, in August 2012, Le Temps newspaper was suspended after being accused of defamation following an article that argued that the country’s leader Alassane Ouattara was incompetent. Its editor-in-chief Simplice Allard was also given a one-month suspension. In fact, the harassment of the tabloid journalists in the country continue to become worse especially during the times of civil unrest and war with at times journalists dying in the line of duty (Campbell, 1998). It is very common for critical journalists and newspapers to often being exposed to extralegal attacks by government supporters in connection with their news articles. Even though there exists no official censorship in the country, there exists a climate of fear among tabloid journalists that venture to cover controversial issues such as corruption and incompetency in the operations of public service delivery institutions (Tozzo, 2005). For instance, in November 2013, journalist Dieusmonde Tadé of Le Nouveau Réveil newspaper was heavily beaten by ‘unknown’ assailants in the outskirts of Abidjan after having earlier received death threats after publishing an article that questioned the behaviour of the country’s commander general of the military. Furthermore, in March 2016, journalist Fofana Baba-­ Idriss received death threats through text messages following articles that criticized government authorities. His home was also broken into by ‘unknown’ people who left threatening notes warning him to avoid defamatory articles. Moreover, another tabloid journalist Baudelaire Mieu of Jeune Afrique newspaper was also a victim of home invasion in the same period by ‘unknown’ assailants who also stole a laptop but leaving behind all valuables (Harsch, 2017). Generally, even though tabloid journalists regularly experience harassment, it is also important here to point out that the tabloid journalists sometimes lack professionalism with many often being poorly trained, and generally receive very low wages. This situation exposes them to defamation and sometimes corruption which pushes them to support various political factions in the country. The other problem is that even though there are a number of tabloid newspapers in the country, many have political inclinations and both politicians and businesspeople have considerable shares when it comes to ownership (Falola & Jean-Jacques, 2015b).

4  THE IMPACT OF DEFAMATION LAW ON TABLOIDS IN WESTERN AFRICA 

93

This is also often a case in Gambia where authorities regularly demonstrate lack of respect for press freedom with tabloid journalists experiencing regular defamation charges. This is despite the country’s constitution under Article 34 providing for press freedom. However, in practice, the country’s authorities do not respect these freedom and tabloid journalists continue to be arrested and even sometimes detained without a charge for over 72 hours against the constitution requirements. There are also many journalists who continue to be imprisoned. Moreover, defamation remains a criminal offence (Wiseman, 2004). Even the 2013 Information Communication Act has wide provisions which are often abused by authorities. The Act has serious restrictions that provide for 15 years in prison upon conviction and roughly US $77,000 in fines for statements that are derogatory and also defamatory. Besides, it is very difficult to expose information about the government operations with certainty. Even the 2005 law that guarantees citizens right to obtain information is not applied fairly in practice and government routinely deny privately owned publication access to information (Siraj & Hilary, 2011). For example, in 2012, the government banned the Standard newspaper and the Daily News newspaper after articles that criticized a presidential decree. Furthermore, the online tabloid publications Freedom and the Gambia Echo have also been banned in the country. Similarly, in May 2015, journalist Saikou Ceesay of the Gambia Affairs newspaper was exposed to death threats after questioning the long serving country’s leader desire for power and the need to respect presidential term limits through an online article. Similarly, since 2007, journalist Ebrimah Manneh has been missing following the arrest by security agents. However, in October 2011, the justice minster noted in an interview with the Daily News that the reporter was actually alive without stating the location of the journalist. The arrest and disappearance came after an article that criticized the country’s leader with regard to the death of journalist Deyda Hydara of the Point newspaper who was assassinated in 2004 after articles that put blame on President Yahya Jammeh for failure to investigate the death. He published an article that was critical of President Yahya Jammeh in the privately owned Daily Observer newspaper (Hughes, 2008). In fact, the defamation cases continue to heavily impact on tabloid journalists in the country. For example, in 2013, the editor and journalist Musa Saidykhan of the Independent newspaper was banned. Moreover, in January 2012, journalist Mamadou Jallow of the Daily News newspaper was arrested and charged with defamation after arguing in his article that

94 

B. CHAMA

a local chief gave a voucher to his lover as part of the state-sponsored travel arrangement. Similarly, in 2010, the Freedom Newspaper and The Gambia Echo newspaper were accused of defamation after reports that exposed widespread corruption scandals in the country (Siraj & Hilary, 2011). There is also a similar pattern in Ghana where the law of defamation continues to affect tabloid journalists and tabloid newspapers. This is despite the country’s 1992 constitution providing press freedom and for freedom of information even though there is no law to implement this guarantee. Moreover, criminal libel law was repealed in 2001, but continue to be pursued by many public authorities and ruling politician for financial compensations in damages which tend to be so high and out of reach many tabloid newspapers (Karikari, 2004). For example, in February 2014, the Informer and the Daily Guide newspapers lost civil libel cases and were asked to pay the victims of defamation in excesses of roughly US $100,000. The Informer lost a defamation case which was brought by the timber company after publishing an article that claimed the company colluded with government authorities who are corrupt and noted that the company was involved in tax evasion. The Daily Guide newspaper was fined in defamation case which was brought by the chair of the state power company after the newspaper claimed that he embezzled public funds for personal use. Furthermore, the journalists at times are subjected to attacks and intimidations especially by the law enforcement agencies especially during elections period. For example, in March 2013, journalists Nii Martey Botwe of the Daily Graphic and Vincent Dzatse of the Ghanaian Time were harassed by military agents and had their equipment destroyed as they attempted to cover Independence Day ceremonies. The authorities also especially those in ruling government sometimes tend to use law enforcement agencies to threaten and arrest journalists often on vague charges to suppress their reporting especially when covering issues of corruption among politicians (Fliess & Sandeen, 2000). Furthermore, in July 2013, the Democrat newspaper was fined roughly US $44,600 for defamation after publishing an article that touched on corruption about the legislator Joe Baidoe-Ansah. Moreover, in November 2012, the National Democratic Congress Secretary General sued the Daily Guide newspaper for defamation following a story that alleged Johnson Asiedu-Nketia was able to purchase many properties in country’s capital city of Accra and also in another major city of Kumasi. Similarly, in August 2011, the Chronicle newspaper was found guilty of defamation of

4  THE IMPACT OF DEFAMATION LAW ON TABLOIDS IN WESTERN AFRICA 

95

the University of Development Studies former vice chancellor professor Kaku Sagary Nokoe. The ruling came after the 2009 article that accused him of using his power to acquire a hostel. The tabloid was asked to roughly $331,500 in fines as damages. The defamation charges have continued to increase in recent years often out of reach for many tabloid newspapers which have since forced many into premature closure (Barratt & Berger, 2007). On the other hand, it is vital to note that many tabloid journalists continue to experience professional and legal challenges which expose them to many defamation charges and fines. In fact, to make matters worse, the tabloid newspapers tend to be highly sensational when it comes to news reporting which exposes them to legal problems. Moreover, to make matters worse, many journalists are poorly paid and very unprofessional due to lack of good journalism education which makes them vulnerable and exposes them prison time (Hasty, 2005). Furthermore, Guinea-Bissau is another country with defamation laws that seriously impact on the work of tabloid journalists and tabloid newspapers. This is despite the country’s 1993 constitution and 2005 law providing for press freedom, but this right is rarely respected in practice. For instance, there are many criminal laws that ban defamation and abuse of press freedom. Besides, there is no right to access information even the Article 34 of the constitution which allows the right to information is vaguely stated. Moreover, the government has a tendency to threaten critical journalists regularly with criminal charges especially libel. For instance, in March 2015, journalist Danilson Lopes Ferreira was arrested and detained for libel charges for publishing information that was very critical of the country’s Prime Minister Domingos Simões Pereira’s style of leadership (Falola & Jean-Jacques, 2015c). Besides, there also remain regular attacks on tabloid journalists with often impunity by especially public officials and the security forces. For example, on 13 April 2013, journalist António Aly Silva was detained and severely beaten. His camera equipment was also confiscated after taking pictures of troops that surrounded the minister’s resident (Siapera & Veglis, 2012). Similarly, in April 2011, the Última Hora newspaper was temporary suspended by government accusing it of threatening peace. Furthermore, in May 2010, journalist João de Barros who is also the owner and publisher of Diário de Bissau was assaulted at his office with the newspaper computers being destroyed which interrupted the publication ability to operate. Furthermore, in October 2009, journalist Mario de

96 

B. CHAMA

Oliveira who is also the director of the newspaper was verbally abused and physically attacked while in custody following an interview with the interior minister who accused the journalist of defamation and distortion of information (Salgado, 2016). Similar, in Liberia, tabloid newspapers to continue to be exposed to defamation laws with many tabloid journalists being regularly arrested and charged. Moreover, journalists that are critical continue to face harassment by law enforcement agencies and charged with defamation offences. Even though the country’s 1986 constitution provide for press freedom, but this right is generally not respected in practice (Waritay, 1990). The country’s constitution also allows for large financial awards for libel laws which heavily impacts on the survival of tabloid newspapers and tabloid journalists press freedom. However, in 2010, the country enacted the freedom of information law which allows tabloid journalists and other public individuals the right to access public documents with exception of those on national security (Falola & Jean-Jacques, 2015d). But tabloid journalists continue to be exposed to defamation lawsuits even though at times the judges rule in favour of tabloid newspapers as was the case in August 2015 when the Supreme Court ordered the government to reopen the National Chronicle newspaper which was closed in 2014 after the court argued that the closure was unlawful. However, there are also times tabloid journalists and tabloid newspapers are often convicted of defamation and asked to pay money often out of reach for many publications. For example, in July 2015, the publisher of Nation Times newspaper Octavin Williams was arrested and detained for more than a week after an article that claimed the chief executive of the construction company was corrupt. The senior executive was seeking roughly US $7 million in reputation damages for the ‘misleading’ articles. Moreover, tabloid journalists are sometimes detained even for more than the allowed time period before being charged with the core purpose of suppressing their reporting (Deddeh, 2000). For example, in August 2013, journalist Rodney Sieh who is also the editor and publisher of FrontPage Africa newspaper was convicted in August 2013 for defamation and was asked to pay roughly US $1.5 million in damages. The lawsuit was filed by the former agriculture minister Chris Toe. The lawsuit came after an article that alleged that the minister was involved in the disappearance of US $6 million from the Agriculture Ministry. The court ruling also led to the closure of the newspaper. Furthermore, in February 2012, the Independent newspaper was sued for

4  THE IMPACT OF DEFAMATION LAW ON TABLOIDS IN WESTERN AFRICA 

97

defamation by the former senator Nathaniel Williams for an article that alleged that he was evicted from his rented house and claimed for US $5 million in terms of damages. This is a very common situation in which many tabloid journalists are regularly exposed to heavy charges of defamation libel with the core purpose of closing their publications by ruling authorities especially if the tabloids are persistent on corruption scandals (Anderson, 2011). The other major problem is that defamation is a criminal offence in the country and it regularly exposes many tabloid journalists to fines often out of reach for tabloid journalists and tabloid newspapers and it provide for prison sentences upon convictions (Deddeh, 2000). For example, in September 2009, the New Broom newspaper was sued for defamation by President Johnson-Sirleaf who also filed for US $5  million in damages. This lawsuit came after the newspaper alleged that she received about US $2  million in bribes with regard to a rubber plantation project in the country. Moreover, in December 2009, the publisher of Plain Truth newspaper was charged with defamation and later convicted by the National Security Agency after publishing an article that accused President Johnson-Sirleaf of providing arms to the Guinean militia citing the Guinea’s military junta as sources. It is important to note that journalists remain vulnerable in the country and get regularly arrested and detained often without a charge for many hours which threaten press freedom and suppresses many reporters into conformity (Falola & Jean-Jacques, 2015d). Furthermore, it is also vital to look at Mali whose defamation charges continue to impact on the work of tabloid journalists, a situation that continue to deteriorate when it comes to press freedom. For instance, the country provides for press freedom in Article 4 of the 1992 constitution, however, the 2000 law on defamation imposes heavy fines and prison time. The defamation laws scare many tabloid journalists to expose information which authorities might want to remain secret. Besides, the 1993 criminal law provides for heavy punishments for libel which allows tabloid journalists to be prosecuted for defamation. In addition, there is no law that guarantees the access to information by the tabloid journalists (Berger, 2007). Moreover, law enforcement agencies at times tend to use physical force on tabloid journalists when they are not happy with what is being published which threaten press freedom. For example, in October 2014, L’Indépendant newspaper journalist Clarisse Njikam was assaulted by police officers at the Bamako stadium while covering the singing

98 

B. CHAMA

competition for children. It is very common for law enforcement agencies to assault tabloid journalist especially when they don’t like what is being published by the newspapers (Tozzo, 2005). Similarly, in March 2013, Le Républicain newspaper journalist Boukary Daou was severely beaten and pressured to reveal the source of information. This was after publishing an article that exposed poor working conditions among the Malian soldiers stationed in the north of the country. He was charged with many offences which included libel, inciting army revolt, inciting disobedience, and was transferred to the capital’s main prison for over almost a month. The detention of tabloid journalists is often used by law enforcement agencies to suppress press freedom and this often happens when the detention takes place in the often filthy and crowded prisons (Perret, 2005). Furthermore, in July 2012, L’Indépendant newspaper journalist Saouti Labass Haïdara was heavily assaulted by ‘unknown’ gunmen who stormed the newspaper offices in the capital Bamako after the tabloid printed articles that were very critical of the government and that accused authorities of incompetence in the handling of the fragile situation in the northern region were terrorism activities have become widespread. The terrorism laws are also commonly used on tabloid journalists to avoid content that criticize the government effort to fight criminal and terrorism elements in the country (Berger, 2007). For instance, in 2010, journalist Diakaridia Yossi of the L’Indépendant newspaper was beaten heavily and detained in custody by authorities while covering the police’s brutal actions to disperse demonstrators at the capital’s Court of Appeals. It is evident that defamation is a major problem for many tabloid journalists in the country, with many being exposed to frequent arrests, and even assaults to suppress their reporting. Sometimes journalists are arrested and detained without being charged which sends serious fears to many with the regard to the treatment while in detention (Tozzo, 2005). Similarly, one can look at a case of Mauritania which continues to suppress press freedom and use defamation law on tabloid newspapers journalists. For instance, the criminal defamation laws are heavily used to charge tabloid journalists who are often detained regularly by authorities often without a charge in overcrowded prisons. This is despite the 1991 constitution under Article 10 providing for press freedom. Even though, the 2006 media law reforms provide legal right to protect journalists’ sources, but the country still has no law that allow journalists legal access to public and government information. Moreover, despite the 2011 press law amendments removed prison sentence for defamation including that

4  THE IMPACT OF DEFAMATION LAW ON TABLOIDS IN WESTERN AFRICA 

99

of the head of state, journalists continue to be exposed to defamation laws with heavy fines. The fact that the charges continue to impact seriously on tabloid journalists makes it hard to enjoy press freedom (Foster, 2010). For example, in December 2015, Al-Layl newspaper journalist Abeh Ould Mohammad Lafdal was arrested after being accused of defamation. The arrest followed a verbal confrontation with the country’s leader President Abdel Aziz at the Tadamon news agency headquarters. He was detained for several days without a charge. Critics argued that the orders for his arrest came from the presidential place’s directive who were not happy with his publication and the alleged remarks he made about authorities in Al-Araby al-Jadeed newspaper (Martin, 2005). Similarly, in January 2014, journalist Mohamed Cheikh Ould Mohamed Ould Mkhaitir was arrested and charged for defamation and blasphemy. The arrest came after an article that criticized the teachings of the prophet Muhammad. It argues that the teachings were being used in local interpretation of Islam to justify the country’s rigid caste system. He was found guilty in December 2014 and sentenced to death under the country’s apostasy law. Furthermore, journalist Babbah Weld Abidine of the Mourasiloun newspaper was arrested and detained in August 2014 following an article that discussed a rape case in which a victim’s relative implicated the public prosecutor’s office. It was alleged that the perpetrator was released without a charge due to political connections in high echelons of power (Foster, 2010). In addition, in July 2011, journalist Mohammed Ould Abdel Latif of the El-Hayat newspaper was arrested and detained while investigating police behaviour in tax collection. The arrest happened in Nouakchott while interviewing the traders. Furthermore, in February 2010, tabloid journalist Hanevy Ould Dehah of the Taqadoumy publication was sent to prison for two years. The prison sentence followed the 2009 articles which the authorities argued were not only defamatory but were promoting public indecency and inciting revolt. The defamation cases tend to have heavy charges and continue to seriously impact on the work of tabloid journalists and press freedom (Pazzanita, 2008). Generally, the tabloid journalists apart from defamation are also regularly exposed to intimidation and harassment by authorities. Moreover, the ruling authorities have a tendency to often warn sensational tabloid newspapers not to embarrass the president and his family. Furthermore, journalists also sometimes face arbitrary arrest after criticizing the country’s political elites. The arrests and detention intensify if there are reports of corruption in the government especially scandals. Even though there

100 

B. CHAMA

are a number of tabloid newspapers which publish regularly and objectively, the problem is that many tend to be heavily sensational which contributes to frequent arrests and intimidation of tabloid journalists (Foster, 2010). There also exist similar parallels in Niger whose tabloid journalists continue to experience defamation charges and regular intimidation by the authorities and law enforcement agencies. This is despite the country’s constitution under Article 23 providing for press freedom. Moreover, the 2010 media law reforms decriminalized defamation and replaced the prison sentence with fines as punishments for libel. Furthermore, the 2011 charter on access to information and administrative documents was approved which was aimed at providing more transparency and public information access. However, implementation of this law remains vague and access to information in practice is still problematic. Besides, in practice, authorities rarely respect these legal provisions for tabloid journalists. The authorities regularly intimidate tabloid journalists in their line of duty and sometimes subject them to physical assault (Frere, 1996). For example, in May 2015, tabloid journalist Moussa Tchangari was arrested and detained following an article that criticized government officials handling of the Boko Haram militants fighting in the eastern Diffa region. He was given many charges including defamation and national defence undermining. Similarly, in November 2015, Le Courrier newspaper tabloid journalist Souleymane Salha was arrested and detained at the police headquarters while covering the arrest of Hama Amadou the opposition leader upon his return from Paris. His mobile phone and equipment were also seized by the police. Moreover, in January 2014, tabloid journalist Soumana Idrissa Maiga of l’Enquêteur newspaper was arrested and detained after publishing an article that predicted that the ruling political party’s days were numbered. He was charged with many offences which included defamation of ruling authorities and threatening national security. Similarly, in January 2014, L’Union newspaper tabloid journalist Ousmane Dan Badji was arrested and detained for several days after an article that accused authorities of being corrupt. He was charged with many offences and in April was fined for defamation of the president. Furthermore, L’Actualité newspaper journalist Ali Cisse Ibrahim was found guilty of defamation in May 2014 and fined roughly US $10,000 after alleging in an article that the government ministers were plundering public resources on their children to the point of using illicit activities. The publication specifically cited one of the government minister’s daughter as

4  THE IMPACT OF DEFAMATION LAW ON TABLOIDS IN WESTERN AFRICA 

101

an example of corruption of industrial nature. Similarly, in April 2009, Le Courrier newspaper publisher was arrested and charged with defamation after the director of the state-owned water company complained to the police about an article the paper had published making disparaging remarks. The defamation charges have continued to worsen in recent years with ruling political leaders becoming more authoritarian and suppressing press freedom regularly (Frere, 2015). Besides, tabloid journalists continue to experience defamation charges and sometimes are charged with other laws to make sure that the chances of detention and conviction are high which seriously suppress press freedom in the country. It is also often a risk to question government behaviour especially the president which attracts serious crackdown of the tabloid journalists and their tabloid newspapers and exposes many to arrests and assaults (Decalo & Idrissa, 2012). The defamation laws also continue to affect tabloid journalists in Nigeria despite the country’s the 1999 constitution providing for press freedom. The country has generally vibrant tabloid journalists and tabloid newspapers, but military governments that have ruled the country over the years have tended to suppress it and have developed draconian media laws. However, in recent years things have improved with regard to media and press freedom. However, despite the country’s constitution allowing for press freedom, the Sharia laws which are available in 12 northern states impacts on the country’s press freedom even though in practice are not fully implemented. Besides, defamation continues to remain a criminal offence which regularly impacts on tabloid journalists. But the freedom of information law of 2011 allows for access for information to tabloid journalists and other public citizens which puts pressure on government agencies to release the information and other records in response to media petition and other groups. However, in practice it is difficult to access this information and some state governors often argue that this law is a federal law and does not apply for them to comply (Malu, 2016). Furthermore, many tabloid journalists continue to face defamation charges in their line of duty especially when they report about the ruling authorities and politically connected individuals’ corrupt behaviour. For example, in 2013, Desert Herald newspaper of Kaduna publisher Tukur Mamu was given a charge of defamation after being accused by the authorities of disseminating stories that were considered defamatory. The publication stories were about the minister Bala Mohammed and with regard to the administration of the Federal Capital Territory. Similarly, in September

102 

B. CHAMA

2012, the Nigerian Compass newspaper was exposed to defamation charges after Ibikunle Amosun the governor of Ogun State filed for damages. This was after the publication accused him of being an impulse buyer and addicted to ‘frivolous spending’ (Kperogi, 2012). Over the years, the tabloid journalists have continued to face frequent arrests and intimidations when it comes to covering issues authorities tend to consider defamatory. There continue to emerge in the country elements of impunity for the individuals who commit crimes against tabloid journalists which still remain a problem. Moreover, journalists continue to experience harassment and even physical attacks which tend to be connected to what they investigate and publish regularly. For example, in June 2016, journalist McDominic Nkpemenyie of the Tide Newspaper was assaulted by suspected smugglers. The incident took place along the border with Benin near the Nigeria Customs Service office. This was during the journalist’s investigation of smuggling activities within the customs service. It is these incidents that suggest the need for media law reforms in the country to protect journalists work (Malu, 2016). However, there are times the courts rule in the favour of tabloid journalists and newspapers as was the case in October 2012 when the high court noted that journalist Desmond Utomwen of The News newspaper had his human rights to press freedom violated when he was assaulted and detained by the police. This was while attempting to cover the peaceful protest which was outside a private bank in Abuja in 2009 and was awarded roughly US $638,000 by the high court. This was a positive ruling for many journalists who often find themselves on the wrong side of the law and often subjected to heavy fines which often cripple their publications (Kolajo, 2002). There is also a similar pattern in Senegal with many defamation laws that impact on tabloid journalism and press freedom. Despite its 2001 constitution allowing for press freedom under Article 8, but Article 80 can be used to suppress it for the sake of vaguely defined national security. Moreover, there is no law that allows tabloid journalists access to government-­held information. Besides, journalists regularly receive threats and intimidations while at the same time defamation remains a criminal offence with heavy fines often out of reach of many private media institutions. The charges which are often brought against critical tabloid newspapers and journalists are often intended to punish and block exposure of information (Tozzo, 2005).

4  THE IMPACT OF DEFAMATION LAW ON TABLOIDS IN WESTERN AFRICA 

103

For example, in July 2016, journalist Alioune Badara Fall and Mamadou Seck of L’Observateur newspaper were arrested and charged with many offences that included defamation and threatening national security. This was after the article that was published alleging that the Senegalese troops were being deployed in Yemen to offer support to the Saudi-led military campaign. Similarly, Le Quotidien newspaper journalists Mamadou Biaye and Mamadou Ticko Diatta were in January 2012 given a three-month prison sentence for criminal defamation. This followed the newspaper article that alleged that the southern region deputy mayor had ties to the armed militias and insurgents (Barry, 2013). Moreover, in December 2012, journalist El Malick Seck of L’Exclusif newspaper was convicted of defamation and given six-months prison sentence and a fine of roughly US $196,000 after an article that was critical of Lamine Niasse the head of the Walfadjri media group. Furthermore, in August 2010, the editor of the Express News newspaper Abdourahmane Diallo was sentenced to six months in prison for defamation of Pape Samba Mboup, the chief of staff under President Abdoulaye Wade’s government. Similarly, journalist Abdou Latif Coulibaly of La Gazette newspaper was in November 2010 given a one-month prison sentence and fined roughly US $40,000 for defamation. This was after a newspaper article that alleged that the allocation of mobile phone licenses was at the centre of kickbacks and heavy corruption and bribery activities. Furthermore, in September 2009, journalist Papa Samba Sene of L’As newspaper was jailed for defamation by a regional tribunal in Kaolack. This was after publishing at article that accused the regional governor of being involved in the embezzling of agricultural seeds that were meant for local farmers. The situation of tabloid journalists continues to worsen with many being regularly exposes to lawsuits (Karolides & Green, 2005). Even though the threats of defamation continue to suppress press freedom in the country, still many tabloid newspaper outlets continue to regularly publish articles that are often critical of government operations and that expose incompetence. This is despite the threats of legal actions and generally high fines that come with defamation upon convictions. However, there are times journalists are exposed to physical assaults by government sympathizers including relatives of politicians. Besides, the police officers also have a tendency to harass journalists and often use intimidation that pressure the journalists to reveal the sources of information (Gueye, 2006).

104 

B. CHAMA

There is also a similar pattern in Sierra Leone where many tabloid journalists are regularly exposed to defamation charges and fines. Despite its constitution providing for press freedom, the Public Order Act of 1965 makes defamation a criminal offence with a prison sentence of three to seven years upon conviction. However, the Right to Access Information Act of 2013 provides penalties for agencies of the government that fail to comply with its provisions of information requests. But the constitution gives the president powers under the state of emergence laws to regularly issue orders which regularly exposes tabloid journalists to arrests and detentions especially those perceived more critical of the government. Under this state of emergence law, there is no judicial oversight requirement for the exercise of these presidential powers which severely restrict press freedom (Wahl-Jorgensen & Cole, 2008). For example, in January 2014, the editor and managing director of Premier Media company was arrested and charged with defamation of the government authorities. The arrest followed a complaint by the information minister which led to the company’s media equipment being confiscated during the search by the security forces. Similarly, in 2013, two journalists with the Independent Observer newspaper were arrested and detained for more than two weeks after being charged with 26 counts of seditious defamation of the president. The arrest and detention came after an article that referred to President Ernest Bai Koroma as a dictator and as a rat. Generally, ruling authorities tend to be very uncomfortable with newspapers that criticize their leadership style including those that at times offer what could be considered genuine criticism (Khan, 2007). Sometimes tabloid journalists are exposed to serious crackdown and physical assaults by the law enforcement agencies and other government operatives. For example, in August 2012, journalists Poindexter Sama and Alie Turay of the Awoko Newspaper were severely beaten outside their office in Freetown by uniformed soldiers. The attack came after the journalists photographed soldiers while travelling to a protest rally. The journalists’ equipment which included the memory sticks and mobile phones were also confiscated. This was just one of the many incidents in recent years in which many journalists have been heavily assaulted in their line of duty. For instance, in 2011, journalist Ibrahim Foday of the Exclusive newspaper was brutally murdered, the crime which has since remained unsolved despite the initial arrests and murder trial for eight suspects. The murders of tabloid journalists especially during the time of conflict provide

4  THE IMPACT OF DEFAMATION LAW ON TABLOIDS IN WESTERN AFRICA 

105

fear for many reporters who sometimes leave the profession of journalism (Bau, 2010). In recent years the situation for many tabloid newspapers and tabloid journalists has worsened. This is because of government regular interference with the work of tabloid journalists with the view of controlling the content using often aggressive intimidations. This situation heavily suppresses press freedom in a country in which many journalists are often poorly paid and due to high poverty levels in the country, this economic situation exposes many to editorial pressures from the owners of the publications and makes them vulnerable to bribes (M’bayo, 2013). It is also a similar case in Togo where defamation laws severely impact on the work of tabloid journalists and press freedom. Despite the country’s constitution allowing press freedom, the country has many laws that restrict this freedom in the ‘interest of national security’ which authorities have a tendency to use even to legitimate criticism (Rambaud, 2006). Moreover, even though the country in 2004 decriminalized many press offences under the Press and Communication Code which also abolished prison term for defamation while retaining fines, but in November 2015, the Penal Code was introduced by the National Assembly. It has reinstated prison terms for defamation between six months to two years. Besides, Article 104 of the media code of 1998 prescribes heavy fines of roughly US $10,000. Moreover, there is no law that allows access to information which makes it very difficult for tabloid journalists to publish news about internal government operations with accuracy. Even though the Press and Communication code provides for confidential sources of information protection, these rights are often disregarded and ignored by the government operatives and law enforcement agencies (Perrin & Zodzi, 2000). For example, in May 2015, La Nouvelle newspaper director was detained for two months after being charged with defamation of the minister of national security. Similarly, in October 2015, three journalists with Le Rendez-vous, Liberté and L’Indépendant Express were charged with defamation after their newspapers published articles that alleged rampant corruption among the government ministers. Moreover, in July 2012, La Nouvelle newspaper had its printing licence revoked after an article that questioned the ethnic makeup of the government and another article on the president’s mistresses which were all cited for defamation (Osei, 2018). Furthermore, in August 2010, a court in Lomé suspended Tribune d’Afrique newspaper and imposed roughly US $4000 fine for an article that accused the president’s brother of drug trafficking. In the same

106 

B. CHAMA

month, three newspapers La Lanterne, L’Indépendant Express and Liberté were all charged with defamation by the president himself in articles that were critical of the government and widespread corruption by authorities. Furthermore, in December 2009, the court in Lomé fined Golfe Info newspaper roughly US $3220 for defamation to pay a plaintiff. The newspaper was also suspended for two months from publishing and to retract a story it had published in the September edition and to desist from further coverage of the same story. This was after the paper claimed a celebrity at the centre of drug trafficking allegations was actually a former employee who worked as a project offer in the presidential administration (Akoh & Ahiabenu, 2012). Apart from defamation charges on tabloid journalists, the army too has a tendency to intimidate and threaten reporters especially when covering corruption in the presidency and his family. There are times physical assaults are used as forms of intimidations. Moreover, there also exist elements of impunity that continue to linger for law enforcement agencies who often commit crimes against tabloid journalists. For instance, in January 2014, Focus Info journalist was severely and brutally assaulted and had equipment seized and photographs destroyed. The assault and later detention for several hours came while attempting to report the story on the seizure of fuel by members of the gendarmerie which was illegally acquired. In fact, the country’s tabloid journalists’ situation has continued to deteriorate especially under the two Gnassingbe presidencies stating with President Gnassingbe Eyadema from 1967 to 2005 and from 2005 under his son’s leadership, the country’s current President Faure Gnassingbe (Osei, 2018).

Conclusion There is evidence in countries covered in the West African region that even though all the countries constitutions provide for press freedom, there exist other laws in their penal codes which suppress this freedom and which authorities tend to use regularly. Moreover, there is also evidence in all regional countries that defamation charges tend to be used by ruling authorities on tabloid journalists and tabloid newspapers which forces many publications to engage in high-level self-censorship to avoid being arrested. It is also important to note that in all regional countries covered, the defamation charges are often very high and generally out of reach for many tabloid journalists. Furthermore, tabloid journalists also tend to be

4  THE IMPACT OF DEFAMATION LAW ON TABLOIDS IN WESTERN AFRICA 

107

exposed to detention once arrested for defamation and sometimes the detention is for many days and sometimes months before being charged and at time the charges are withdrawn. This situation exposes many tabloid journalists to fears and sends a chilling effect especially when they are under detention in often overcrowded prisons. There also exists an element of impunity in almost all regional countries covered in which the law enforcement agencies sometimes use physical force on tabloid journalists who are often assaulted and violently brutalized. However, the fact that many tabloid journalists are poorly paid in many regional countries, and especially that many of the newspapers have special interests influence, this exposes them to corruption as rewards for favourable coverage of some news content. The next chapter looks at the impact of false news laws on the tabloid newspapers and the tabloid journalists in the Eastern African region.

References Adah, C. (2000). The Nigerian law of evidence. Lagos: Malthouse Press. Akoh, B., & Ahiabenu, K. (2012). A journey through 10 countries: Online election coverage in Africa. Journalism Practice, 6(3), 349–365. Anderson, J. (2011). Powerful women in powerless language: Media misrepresentation of African women in politics (the case of Liberia). Journal of Pragmatics, 43, 2509–2518. Awoudo, F. (2010). Study on illustrations in the Beninese press. Porto-Novo: Association for Research and Support for the Media. Barratt, E., & Berger, G. (Eds.). (2007). 50 years of journalism: Africa media since Ghana’s independence. Johannesburg: African Editors’ Forum. Barry, M. (2013). History of the media in Senegal: From colonialization to the present day. Paris: L’Harmattan Publishing. Bau, V. (2010). Media and conflict in Sierra Leone. Global Media Journal, African Edition, 4(1), 20–27. Berger, G. (2007). Media legislation in Africa: A comparative legal survey. Rhodes: School of Journalism and Media Studies. Bouquest, C. (2007). The misuse of democracy in Cote d’Ivoire. Online Journal of Political Geography and Geopolitics, 3(1), 90–106. Campbell, J. (1998). The Emergent Independent Press in Benin and Côte D’Ivoire. Westport: Praeger. Decalo, S., & Idrissa, A. (2012). Media: Historical dictionary of Niger. Lanham: Scarecrow Press.

108 

B. CHAMA

Deddeh, S. (2000). Pushing for press freedom in Liberia. Journal of Democracy, 11(2), 159–168. Eribo, F., & Jong-Ebot, W. (1997). Press freedom and communication in Africa. Trenton: Africa World Press. Falola, T., & Jean-Jacques, D. (2015a). ‘Burkina Faso: Media.’ Africa: An encyclopedia of culture and society. Santa Barbara: ABC-Clio. Falola, T., & Jean-Jacques, D. (2015b). ‘Côte d’Ivoire: Media.’ Africa: An encyclopedia of culture and society. Santa Barbara: ABC-Clio. Falola, T., & Jean-Jacques, D. (2015c). ‘Guinea-Bissau: Media.’ Africa: An encyclopedia of culture and society. Santa Barbara: ABC-Clio. Falola, T., & Jean-Jacques, D. (2015d). ‘Liberia: Media.’ Africa: An encyclopedia of culture and society. Santa Barbara: ABC-Clio. Falola, T., & Jean-Jacques, D. (2015e). ‘Benin: Media.’ Africa: An Encyclopedia of Culture and Society. Santa Barbara: ABC-Clio. Fliess, M., & Sandeen, R. (2000). Press, power and politics. Arlington: The Freedom Forum Media Studies Center. Foster, N. (2010). Mauritania: The struggle for democracy. Boulder: Lynne Rienner Publishers. Frere, M. (1996). New private media in French-speaking West African countries: The problems and prospects: The cases of Benin and Niger. Afrika Focus, 12(1–3), 85–117. Frere, M. (2014). Online forums: How the voices of readers are reshaping the sphere of public debate in Burkina Faso. In H.  Mabweazara, O.  Mudhai, & J. Whittaker (Eds.), Online journalism in Africa: Trends, practices and emerging cultures (pp. 237–257). New York: Routledge. Frere, M. (2015). Francophone Africa: The rise of ‘pluralist authoritarian’ media system? African Journalism Studies, 3(1), 103–112. Gueye, I. (2006). Media under control: Freedom and responsibility of journalists in Senegal. Paris: L’Harmattan Publishing. Harsch, E. (2017). Burkina Faso: A history of power, protest and revolution. London: Zed Books. Hasty, J. (2005). The press and political culture in Ghana. Bloomington: Indiana University Press. Houngnikpo, M., & Decalo, S. (2013). ‘Media,’ in historical dictionary of Benin. Lanham: The Scarecrow Press. Hughes, A. (2008). Historical dictionary of the Gambia. Lanham: Scarecrow Press. Karikari, K. (2004). Press freedom in Africa: Challenges and opportunities. New Economy, 11(3), 184–186. Karolides, N., & Green, J. (2005). Senegal: Encyclopedia of censorship. New York: Facts on File Publishing. Khan, A. (2007). Journalism and armed conflict in Africa: The civil war in Sierra Leone. Review of African Political Economy, 25(78), 585–597.

4  THE IMPACT OF DEFAMATION LAW ON TABLOIDS IN WESTERN AFRICA 

109

Kolajo, A. (2002). A layman’s guide to criminal law and anti-corruption law. Ibadan: Spectrum Books. Kperogi, F. (2012). The evolution and challenges of online journalism in Nigeria. In E.  Siapera & A.  Veglis (Eds.), The handbook of global online journalism (pp. 445–461). Hoboken, NJ: John Wiley & Sons. M’bayo, R. (2013). Media and state governance in a post-conflict society: The case of Sierra Leone. Ecquid Novi: African Journalism Studies, 34(2), 35–53. Malu, L. (2016). Media law and policy in Nigeria. Lagos: Malthouse Press. Martin, M. (2005). The fate of Africa: A history of fifty years of independence. New York: Public Affairs. Ocitti, J. (1999). Media and democracy in Africa. Harvard University: Weatherhead Center for International Affairs. Ogbondah, C. (1997). Freedom of the press freedom and political development in Africa. African Media Review, 8, 1–39. Oloyede, I. (2005). Press freedom: A conceptual analysis. Journal of Social Science, 11(2), 101–109. Osei, A. (2018). Like father, like son? Power and influence across two Gnassingbe presidencies in Togo. Democratization, 25(8), 1460–1480. Pazzanita, A. (2008). Historical dictionary of Mauritania. Lanham: Scarecrow Press. Perret, T. (2005). Media and democracy in Mali: Journalism in the community. African Policy, 97, 18–32. Perrin, A., & Zodzi, J. (2000). The state of the media in Togo. Paris: Research and Technological Exchange Group Publications. Peter, R. (2003). Islamic criminal law in Nigeria. Ibadan: Spectrum Books. Rambaud, B. (2006). The Togolese written press, actor and witness to the Eyadema era (1967–2005). Transcontinentales, 2, 57–76. Salgado, S. (2016). Political participation, alternative media and citizen journalism in Lusophone Africa. In H. Mabweazara, O. Mudhai, & J. Whittaker (Eds.), Online journalism in Africa: Trends, practices and emerging cultures (pp. 187–201). New York: Routledge. Siapera, E., & Veglis, A. (2012). The handbook of global online journalism. Hoboken, NJ: John Wiley & Sons. Siraj, S., & Hilary, L. (2011). Land, law and Islam. London: Zed Books. Tobi, J. (2002). A case book on the law of evidence in Nigeria. Enugu: Fourth Dimension Publishing Company. Tozzo, E. (2005). The reform of public media in West Africa. African Policy, 1(97), 99–115. Uvieghara, E. (2001). Labour law in Nigeria. Lagos: Malthouse Press. Wahl-Jorgensen, K., & Cole, B. (2008). Newspapers in Sierra Leone: A case study of conditions for print journalism in a post conflict society. Ecquid Novi: African Journalism Studies, 29(1), 1–20.

110 

B. CHAMA

Waritay, L. (1990). Problems and possibilities for the formulation of a comprehensive communication policy for Liberia. Africa Media Review, 4(2), 11–25. Wiseman, A. (2004). Africa South of the Sahara 2004 (33rd edition): The Gambia: Recent history. New York: Europa Publications. Yakubu, A. (1999). Press law in Nigeria. Lagos: Malthouse Press.

CHAPTER 5

False News Laws Impact on Tabloids in East Africa

Introduction The false news laws continue to impact on the work of tabloid journalists in Eastern Africa region with authorities often accusing the newspapers of deliberate misinformation (Eribo & Jong-Ebot, 1997). The situation has continued to deteriorate especially with the rise of social media and online journalism which has arguably brought back what some critics have argued the return of yellow journalism (Mudhai, 2014). Even though at times political authorities tend to accuse tabloid journalists of spreading lies there are times this information turns out to be true despite being discredited initially (Skjerdal, 2014). There are many incidents in which tabloid journalists get arrested and detained for spreading what authorities often argue to be lies and often tend to close down the newspaper publications accusing them of being a threat to peace and public order. Moreover, there are times journalists are also subjected to incidents of physical assault by the law enforcement agencies and even at times by ‘unknown’ assailants. Furthermore, there are also tabloid journalists that have been killed in the line of duty after being accused of spreading false news especially if it touches on the presidency (Kamilindi, 2007). This chapter looks at the false news laws impact on tabloid newspapers in East Africa. It focuses on Tanzania, Kenya, Uganda, Rwanda, Burundi, Djibouti, Eritrea, Ethiopia and Somalia. It argues that false news laws seriously impact on tabloid journalism. It points out that ruling authorities often accuse tabloids of deliberate misinformation. It looks at various © The Author(s) 2020 B. Chama, Tabloid Journalism and Press Freedom in Africa, https://doi.org/10.1007/978-3-030-48868-0_5

111

112 

B. CHAMA

regional countries focusing on tabloid newspapers and tabloid journalists who have been accused of spreading false news. It provides incidents of physical assault on individual journalists by the law enforcement. It also looks at some of the tabloid journalists that have been killed in the line of duty after being accused of spreading false news. It concludes that the fight for press freedom in this region is far from over. It notes that there is need for media law reforms to remove colonial laws that continue to impact on the general practice of journalism and not only tabloids.

Understanding False News The concept of false news in tabloid journalism practice is generally the information that is published by the tabloid newspaper and that is considered as content written with the purpose to mislead the reader often using sensational language. The information can also involve news with headlines that often do not match to the detailed content provided in the storylines (Stremlau, 2018). Basically, the content often considered false news is usually written with an agenda which can be intended to discredit someone or an organization, and this can also involve a political or financial motive (Limpitlaw, 2016). The news which is often classified as false by authorities in this chapter’s regional countries is often presented with screaming headlines and sometimes has the tendency to attract readers to the story which also triggers immediate reaction because it is often written in an emotive language (Feltoe, 2009). Furthermore, the false news tends to provide story lines which are usually disconnected to existing reality. In many regional countries, the false news sometimes come with serious legal consequences to the tabloid journalists and tabloid newspapers as the allegations made cannot be proved (Kolajo, 2002). However, it is also vital to acknowledge here that the ruling authorities in many regional countries sometimes tend to classify news as false especially if it exposes incompetence and corruption. This is often meant to suppress exposure of wrongdoing by discrediting tabloid newspapers which also often tend to be accompanied by threats and intimidations of the tabloid journalists (Mushanga, 2004). Moreover, it is important to note that the spreading of false news undermines serious journalism practice and leads to many readers casting doubt on the authenticity and reliability of the content as reported by the tabloid newspaper. For instance, once authorities regularly brand the tabloid newspaper as regularly spreading false information, it sometimes leads to many readers to classify the

5  FALSE NEWS LAWS IMPACT ON TABLOIDS IN EAST AFRICA 

113

news as misleading and fabricated with many factual inaccuracies. However, it is not often every citizen that tend to believe authorities once they classify information in the tabloid newspapers as false news especially if reported by popular and credible tabloid publications with wider readership (Chipeta, 2009). Even though authorities have a tendency to label information provided by opposition and more critical tabloid newspapers as false, especially if they expose wrong doing, however, the tabloid newspapers that support government interests also usually engage in false news such as political propaganda, with the purpose of brainwashing the masses and discredit opponents by feeding the readers regularly with misleading information often based on lies and innuendos. However, because these tabloid newspapers are government supporters, they are often not accused of spreading false information because such information is not a threat to ruling authorities (Bakibinga, 2001). For instance, the false news in tabloid newspapers is often presented in form of manipulated pictures often ‘doctored’ with intention to cause embarrassment. Sometimes the headlines tend to make false connection with often captions and visuals which are out of touch and not able to support the general news content (Tibatemwa-Ekirikubinza, 2005). The false news tends also to be presented in such a way that is meant to frame not only an individual at the centre of the allegation, but even the issue that is being presented. This then tend to create a false narrative even when the true information is later provided in the publication. In fact, the initial falsehoods tend to create a much more lasting and damaging impression to the readers. Moreover, sometimes the information from the sources is often manipulated and twisted with the core purpose of deceiving the readers who came across the content (Stremlau, 2018). Furthermore, sometimes false news is a result of sloppy journalism which tends to lead to moral panic especially if content touches on matters of national security, health and even stability (Limpitlaw, 2016). Moreover, there are many people unfortunately in many regional countries that lack the basic education and skills that can identify the news published in the tabloid newspapers as probably false. For instance, there are a number of basic features that can help one to identify the information as false news and this includes the news story lacking background context and even an author’s real name and the named sources of information (Feltoe, 2009). For example, the International Federation of Library Association and Institutions help in assisting people to be able to recognize if the information is false by asking readers to critically analyse the sources of

114 

B. CHAMA

information, to read critically beyond the headlines and understand the context of the whole story and whether it relates to the headline provided (Kolajo, 2002). It also helps to assess the supporting sources that are added to make sure they support the claim logically, to also look at the publication time and date including the timing, to assess the news genre whether it is meant to be serious news and to ask the independent experts with no vested interest to verify who may have wider knowledge about the news content (Mushanga, 2004). Moreover, the International Fact-Checking Networking also has vetting processes for journalistic organizations and notes that when analysing the reliability of the information provided as news, there is need to look at many attributes (Chipeta, 2009). This might be things such as the language used, which in false news, tend to often be inflammatory with no fear of legal consequences than what one would be able to see in real and reliable news information, because the purpose is largely to mislead the reader (Bakibinga, 2001). It is also important to analyse legitimacy of pictures used and the relevance of the headlines provides and whether they provide more clarity to news information or largely meant to mislead (Tibatemwa-Ekirikubinza, 2005). Generally, the tabloid newspapers’ false information sometimes tends to be more widespread in times of general elections in regional countries in which ruling political opponents are sometimes branded in sensational language as either womanizers, prostitutes, drunkards or even puppets which also attracts many lawsuits to the victims (Stremlau, 2018). The fact that the police and the judiciary tend to be compromised in many countries, such charges often do not go anywhere and are often dropped especially if the victims have no political connections and if false news sources are part of the ruling authorities (Limpitlaw, 2016). Sometimes these false news stories tend to mislead many voters which results in authorities holding on to power and at times victims of false news being arrested and charged based on mere tabloid allegations (Feltoe, 2009).

Impact of False News Laws on Tabloids There are a number of laws in regional countries that impact on the publication of false news and which authorities use on tabloid newspapers and tabloid journalists (Kolajo, 2002). For example, even though Tanzania’s constitution provides for press freedom, there are other laws that are against any publication that spreads false news. For instance, the Newspaper

5  FALSE NEWS LAWS IMPACT ON TABLOIDS IN EAST AFRICA 

115

Registration Act of 1976 allows authorities to ban any publication in the interest of good order and peace that is accused of spreading false news (Sturmer, 1998). Moreover, the Statistics Act of 2015 restricts journalists publishing any statistical information without prior authorization from the National Bureau of Statistics; it also prohibits publication of any ‘false’ statistical news and imposes criminal penalties with high fines and prison terms (Berger, 2007). Furthermore, the Cybercrimes Act of 2015 prohibits the publication of ‘false information’ and provides for fines and prison terms. It also prohibits false news that insults and uses other inflammatory rhetoric online (Mambi, 2010). In addition, the National Security Act allows authorities to ban and suspend any publication that provides false information considered classified and has wider restrictions (Sturmer, 1998). The fact that there is no law that allows journalists access to public held information, it become difficult to escape false news charges. Moreover, the Public Leadership Code of Ethics and the Civil Service Act block access to information and provides legal restrictions on public officials to provide information to journalists. Despite the constitution amendment of 2005 providing for right to be informed, very often, only information that reflects the government in good standing is made freely available (Falola & Jean-Jacques, 2015). For example, in January 2016, authorities closed the tabloid Mawio newspaper using the Newspaper Registration Act of 1976 after accusing it of publishing false news after it alleged that there was a serious political crisis in Zanzibar archipelago, just two months into President John Magufuli’s term in office. The journalists and newspapers that report on many issues affecting Zanzibar continue to face intimidation over the years (Sturmer, 1998). Besides, the MwanaHalisi newspaper was in July 2012 banned indefinitely by President Jakaya Kikwete and the Information Ministry after being accused of false reporting and spreading misleading news citing unspecified articles. Its editor in chief Jabir Idrissa argued that he suspected the government did not like the paper’s coverage of physicians strike and torture of Steven Ulimboka the abducted protester. However, the government accused the paper of spreading false news and publishing misleading information. Similarly, in 2011, journalists Absalom Kibanda, Samson Mwigamba and Theophil Makunga of Tanzania Daima were accused of spreading false news after the information minister filed a case against the newspaper. This was after an article that claimed the government was abusing the police for political gain (Charles & Nyoni, 2019).

116 

B. CHAMA

Furthermore, in February 2009, the minister of information warned the journalists to avoid spreading false news and distorting government statements especially about the president and the parliamentary debate. The minister’s statement came after the National Assembly speaker advised the members of parliament to be careful and use caution when interacting with journalists (Falola & Jean-Jacques, 2015). The fact that tabloid journalists often work under pressure from their editors and media owners who also have political interests, exposes them to unethical behaviour such spreading of allegations against opponents often without concrete evidence. For example, in February 2008, journalists Maxence Mello and Mike Mushi of Jambo Forums publication were arrested and detained overnight after being accused of spreading wrong and misleading information on the government corruption scandals (Charles & Nyoni, 2019). Furthermore, in December 2005, tabloid Amani was suspended for 28 days for alleged spreading of misinformation and other ethical violations. In fact, since, 2001, the government has been carrying out a crackdown on tabloid content that spread gossip. This has led to many journalists to cut down reporting on scandals among the ruling authorities. Besides, the emerging cyberspace laws have also continued to affect the practice of tabloid journalism with the government authorities using laws at their disposal to suppress online activities (Mambi, 2010). There also continue to emerge a similar situation in Kenya with false news laws widely used on tabloid newspapers impacting on tabloid journalists and their media institutions. Even though the country’s 2010 constitution under Articles 33 and 34 protects press freedom, there still exists intolerance by some government officials towards critical tabloid newspapers (Ongowo, 2011). Moreover, even though the Media Act protects journalists from revealing the confidential sources of information, regular intimidation of reporters by authorities undermines this legislation. Besides, even the recent 2016 Access to Information Law that provides guidelines for requesting government-held information with penalties for those that withhold the information upon request (Limpitlaw, 2016), it still has restrictions which are vaguely defined on national security concerns. Moreover, the Information and Communication Act of 2013 criminalizes transmission of offensive messages over telecommunication devices. In addition, the Security Laws Act of 2014 provides for length prison time and also has heavy fines for publishing information that undermines the counterterrorism operations. Moreover, the Preservation of Public Security Act of 1967 also provides sweeping powers to the president

5  FALSE NEWS LAWS IMPACT ON TABLOIDS IN EAST AFRICA 

117

including censoring and prohibiting information considered a security risk (Mbeke, 2010). Furthermore, tabloid journalists tend to be exposed to defamation libel charges after allegation of false news by authorities which is tried under civil and criminal law. It is also important to note that the burden of proof rests with the accused. Moreover, tabloid journalists also continue to experience intimidations and violence on regular basis while carrying out their work (Ongowo, 2011). For example, in September 2016, journalist Denis Otieno was killed by ‘unknown’ assailants who raided his home in Kitale and demanded pictures from his media equipment before fatally shooting him. Furthermore, in April 2015, ‘unknown’ attackers beat to death journalist John Kituyi of the Mirror Weekly newspaper. The attack came a week after an article on the case at the International Criminal Court in which the Deputy President William Ruto was accused of crimes against humanity for orchestrating the 2007 post-election violence that rocked the entire country (Ong’ondo & Obuya, 2019). Moreover, in November 2015, journalist John Ngirachu of the Daily Nation newspaper was arrested for what authorities claimed to be publishing false and misleading information regarding financial mismanagement by the interior ministry (Muindi, 2018). Furthermore, in October 2014, journalist Justus Ochieng of the Star newspaper was detained by the police after being accused of spreading false news. This was after a newspaper article that alleged that police officers in Kisumu were heavily engaged in criminal activities. Furthermore, in May 2014, another journalist Lynda Ngoolo of the Star went into hiding after being accused by the police officers through several phone calls as spreading false news. This came after a story that urged authorities to investigate claims that terrorists were using a home in Mwingi Town as a safe house (Maryann, 2015). Besides, in May 2013, the Deputy President William Ruto threatened to sue the Sunday Nation for spreading false news over a story about his use of a luxury private jet to visit several African countries. In addition, in 2012, the Deputy Prime Minister Uhuru Kenyatta sued the Star newspaper for spreading false news. This was after an article that claimed his potential victory in the upcoming elections should be compared to the rise of the Nazi leader Adolf Hitler in Germany (Ong’ondo & Obuya, 2019). Furthermore, in January 2009, tabloid journalist Francis Nyaruri of the Weekly Citizen was murdered by beheading. This was after publishing an article that made allegation of financial mismanagement in the regional police operations. His death came after the regional police chief accused

118 

B. CHAMA

him of spreading false news following an article in 2008 that claimed police officers has misused public funds and constructed substandard houses while implicating the police chief of western Kenya Lawrence Njoroge. Moreover, in March 2017, journalist Mburu Muchoki of the Independent newspaper was sent to prison for one year after an article that was considered as spreading false information which accused the minister of justice and constitutional affairs Martha Karua’s father of being actively involved in organized abortion scandals. Besides, in February 2006, the Weekly Citizen premises were raided by the police after being accused of spreading false news following an article that revealed power struggles in the ruling coalition government (Ongowo, 2011). There are also similar experiences to Uganda, another regional country in which tabloid journalists are regularly exposed to allegations of spreading misinformation and charged through a wider range of laws. For instance, despite the country’s constitution providing for press freedom, this right is generally undermined by other provisions in the penal code (Mushanga, 2004). For example, under Section 25 of the Computer Misuse Act and Section 41 of the Penal Code Act, tabloid journalists can be charged for publishing false news content that are a threat to peace and national security. Moreover, the Anti-Pornography Act of 2014 provides wider definition of pornography on what constitute pornographic materials. It exposes tabloid newspapers to prosecution with regard to content and photographic pictures (Limpitlaw, 2016). Besides, the Anti-­ Homosexuality Act also provides restrictions on tabloid journalists. It prosecutes and criminalizes content that is seen to promote same-sex relations and provides maximum of seven years in prison upon conviction and heavy fines. Even though there is an Access to Information Act of 2005, the government departments still deny tabloid journalists requests for information often on vague grounds of national security and confidentiality (Tibatemwa-Ekirikubinza, 2005). Moreover, the Antiterrorism Act of 2002 is also used by authorities to suppress press freedom specially on tabloid journalists that cover national security issues. This law provides very serious criminal penalties including possible death penalty upon conviction for anyone found guilty of spreading false news and promoting terrorism activities in the country prone to insurgencies. It also has wider and vague definition of what comprises the promotion of terrorism and leaves tabloid journalists vulnerable (Limpitlaw, 2016). The allegations of spreading false news and subsequent charges continue to affect tabloid journalists. For example, in January 2013, the

5  FALSE NEWS LAWS IMPACT ON TABLOIDS IN EAST AFRICA 

119

Speaker of Parliament Rebecca Kadaga accused the Observer newspaper journalists Sulaiman Kakaire and David Tash Lumu of spreading false news arguing it was damaging the office of the speaker and her reputation. The accusation towards the journalists came after they published articles that were critical of her leadership. She also further suspended the journalists from covering the Parliament (Meyen, Fiedler, & Schamberger, 2016). Furthermore, in May 2013, the Red Pepper tabloid newspaper was closed down after being accused of spreading false news and threatening national security. This was after the tabloid newspaper story that alleged the former security official David Sejusa had written a letter to the head of the country’s national security services requesting investigation on the alleged plot to assassinate military officials and senior government authorities that were against the plan to instal the son of President Yoweri Museveni in 2016 as his successor. The allegations of false news led to armed police officers raiding the tabloid newspaper offices to search for documents. The tabloid newspaper premises were closed for ten days by the law enforcement agencies and apparently journalists were pressured to reveal their information sources (Namusoke, 2018). Similarly, in February 2009, the Red Pepper tabloid newspaper journalists Richard Tusiime and Francis Mutazindwa were accused of spreading false news after an article that alleged Mu’ammar al-Qadhafi, the Libyan leader was having a sexual affair with one of the country’s traditional kingdoms’ queen mother of Toro. In October of the same year, the tabloid newspaper was found guilty of spreading false news following the charge of criminal defamation libel and was ordered to pay the Libyan leader roughly US $50,000 in damages (Meyen et al., 2016). Moreover, apart from the allegations and charges of spreading false news, the country’s tabloid journalists also continue to encounter intimidations and harassment regularly in their course of work. Moreover, at times the law enforcement agencies are notorious perpetrators of violence often with impunity on journalists. There are also occasions when authorities lash out violently by assaulting especially the more critical tabloid journalists (Namusoke, 2018). For instance, in January 2014, tabloid journalist Solomon Hamala of the Red Pepper tabloid newspaper was heavily assaulted by a security officer Aziz Kemba while covering the protests by the market traders. Similarly, journalists Dickson Ssentongo and Paul Kiggundu were in September 2010 murdered in the separate incidents in connection with their work. Generally, the regular incidents of attacks and the brutal murders sends a chilling effect on tabloid journalists and their

120 

B. CHAMA

newspaper publications and heavily impacts on press freedom (Karolides & Green, 2005). Similarly, in Rwanda, the spread of false news is a serious crime which continues to impact on the work of tabloid journalists and tabloid newspapers (Kamilindi, 2007). This is despite the country’s constitution under Article 34 provides for press freedom and under Article 38 of the latest version of the charter. Even though the 2009 media law amended in 2013 provides journalists access to information, there are broadly worded restrictions. Besides, the 2013 amendments to the 2008 genocide ideology law prohibits publishing ideas that promotes ethnic divisions on race, language or religion and provides for nine years in prison upon conviction. Furthermore, the 2012 Law Relating to the Interception of Communication allows law enforcement agencies to monitor online and offline private communication to protect public security which exposes many tabloid journalists and newspapers to arrests and intimidations (Kamatali, 2020). Besides, incitement of ‘divisionism’ is a criminal offence punishable for up to five years in prison with fines of roughly US $6200 vaguely defined as a crime of any act in written or orally that could bring conflict and divisions within the population. It also provides leeway for crackdown by the government on dissenting. Moreover, the Access to Information Bill of 2013 despite allowing the public to access information, while protecting whistleblowers, provides restrictions on issues that are related to national security and trade. Besides, tabloid journalists get up to three years in prison upon conviction under the Chap. 8 of the penal code which criminalizes spreading of false news (Limpitlaw, 2016). Generally, the spreading of false news continues to impact on the work of tabloid journalists. For example, in April 2014, journalist Stanley Gatera of Umusingi online publication was arrested and held for six hours. He then later received death threats from ‘unknown’ people following articles that authorities argued were promoting divisionism and spreading false news (Cruikshank, 2016). Similarly, in 2010, journalist Agnès Uwimana Nkusi of the Umurabyo newspaper was jailed for 17 years after being accused of spreading false news that denied genocide and that were inciting civil disobedience following at an article published in 2009 that was heavily critical of President Paul Kagame and his ruthless leadership style. Moreover, in July 2012, journalist Idriss Gasana Byiringiro of the Chronicles newspaper was accused of spreading false news for publishing that he was kidnapped by armed men. He was arrested and detained for 72

5  FALSE NEWS LAWS IMPACT ON TABLOIDS IN EAST AFRICA 

121

hours after being accused of deceiving the intelligence services (Sobel & McIntyre, 2017). Furthermore, in August 2011, the Ishema publication was suspended following an article in mid-July that referred to President Paul Kagame as a ‘sociopath’ (Frère, 2009). In addition, in November 2009, journalist Jean Bosco Gasasira of Umuvugizi was accused of spreading false news and invasion of privacy after articles that claimed that the head of the National Council for Women and the country’s deputy prosecutor were having an extramarital affair. The authorities also called for the closure of the publication and a fine of roughly US $5720 including a jail term. Similarly, in February 2010, tabloid journalist Robert Sebufirira of the Umuseso newspaper was detained and later forced to leave the country after getting death threats from the government security authorities. This was after the publication articles that accused high ranking government authorities of being corrupt and abusing public offices (Thompson, 2007). Moreover, in same month, three tabloid journalists Charles Kabonero, Didas Gasana, Richard Kayigamba of the same publication were found guilty of spreading false news following a 2009 article that claimed the mayor of Kigali the capital city and also the cabinet minister was having an extramarital relationship. They were given varying periods of prison time after convictions and fines of roughly US $1800 but Didas Gasana later fled the country in fear of being murdered. There are many incidents of tabloid journalists who have fled the country after fears of being murdered mainly by the individuals and law enforcement agencies and operatives (Frère, 2009). The practice of tabloid journalism remains severely restricted in the country and journalists are regularly arrested and intimidated including convictions on trumped-up charges often not related to their work. Moreover, many tabloid journalists continue to leave the county in fear of being murdered by the state security operatives (Sobel & McIntyre, 2017). For example, in 2005, journalist Charles Ingabire of Inyenyeri News and a critical reporter on the country’s leadership of President Paul Kagame was forced to leave the country in 2007 after persistent threats on his life. The tabloid journalist was finally shot dead in Uganda in November 2011 and his murder has remained unsolved. Despite the journalists risks to their lives with many brutally murdered largely because of their work, many tabloid journalists are generally poorly paid which makes them vulnerable to corruption and which forces them to alter the coverage of corruption reportage, and moreover, extortion is a very common practice (Thompson, 2007).

122 

B. CHAMA

Similarly, Burundi is another regional country in which the spreading of false news is a serious crime which continues to affect the work of tabloid journalists and tabloid newspapers. It is important to stress here that the country’s constitution provides for press freedom, but it has other restriction that impact on this right that continue to affect the tabloid journalist. For instance, the June 2013 media law replaced criminal penalties for spreading false news with fines of between US $2000 and US $6000 which is out of many journalists. The same law also now limits the protection of journalists’ sources (Limpitlaw, 2016). The law also provides for suspension of media institutions with broadly worded offences such as publishing false news that undermine national security. Moreover, there is no law that allows journalists access to official state documents and information. Furthermore, the 1997 Press Law forbids the publication of information that incites civil disobedience and propaganda including false information (Bizimana, 2017). The tabloid journalists continue to receive accusations of spreading false news and often get charged with many crimes. For example, in late 2010, journalist Jean-Claude Kavumbagu of the NetPress newspaper was arrested and detained for ten months on charges of spreading false news and undermining the national security. The detention came after an opinion article that questioned the competence of the country’s security forces to respond adequately to terrorism attacks. The regular incidents of arrests and intimidations have in recent years forced many tabloid journalists to leave the country into diaspora where they are able to challenge the government without the threats of being arrested and detained (Turner, 2008). Before finally leaving country in fear of being murdered, journalist Jean-Claude Kavumbagu was a target of frequent arrests and detention by the law enforcement agencies in the country. For instance, in 2008, he was imprisoned after being accused of spreading false news after an article that accused the president of extravagant spending during the August 2008 trip to China at the time when many people in the country were living in poverty and destitution (Frère, 2009). Moreover, in February 2005, the NetPress newspaper was accused of spreading false news and banned for a week after an article that claimed the National Commission for Rehabilitation of War Victims head had diverted the food aid from the people it was intended and in need. Furthermore, in August 2010, journalist Thierry Ndayishimiye of the NetPress newspaper was accused of spreading false news after an article that accused the state energy company of being heavily corrupt and

5  FALSE NEWS LAWS IMPACT ON TABLOIDS IN EAST AFRICA 

123

embezzling of funds. He was arrested and detained following the newspaper publication of the allegation and was later charged with spreading lies. In recent years, the media and the state relations have continued to worsen. Moreover, the ruling authorities have continued to tighten their grip on power while at the same time continue to suppress critical tabloid journalist and close controversial tabloid newspapers in the country (Kane & Bizimana, 2016). Besides, tabloid journalists continue to face hostile treatment with authorities often using repressive laws to intimidate, arrest and detain tabloid journalists. There are times authorities issue death threats and even conduct physical attacks on tabloid journalists especially by the Imbonerakure which is ruling party’s youth wing (Turner, 2008). For example, in July 2016, journalist Jean Bigirimana of Iwacu newspaper disappeared after reportedly receiving a telephone call from an individual working with the national intelligence services. His whereabouts have since remained unknown. Moreover, a police officer shot journalist Patrick Niyonkuru without warning in March 2013 after allegedly the reporter requested more information on the justification of the police roadblock in the capital Bujumbura (Frere, 2015). Furthermore, in 2015, the Iwacu newspaper heavily received threats from the national intelligence to cease the publication of false information. Its tabloid journalist Antoine Kaburahe was later detained and interrogated in November 2015 and accused of spreading false news following the articles in connection with the attempted coup on President Pierre Nkurunziza. The newspaper was forced to stop operating and publishing for several days. Furthermore, in May 2013, the Iwacu newspaper’s online reader’s forum platform was suspended after authorities accused it of spreading false information which was inciting ethnic hatred and disturbing national unity. It was also accused of failing to moderate comments on its platform. Even though the country’s constitution provides for press freedom, the major problem is that there are still other draconian laws that heavily suppress press freedom enjoyment (Bizimana, 2017). Another regional country with heavy suppression of tabloid journalism is that of Djibouti where false news publication accusation on tabloid journalists continue to worsen in recent years. Even though the country’s constitution does not specifically mention press freedom, but Article 15 mention the right for individuals to express their opinions in written and in words. However, there are many limitations on the need to respect the honour of others. Moreover, there is no law that provides for access to

124 

B. CHAMA

independent sources of information. Besides, the 1992 Freedom of Communication Law and the penal code provide heavy fines and prison time for criminal penalties such as spreading of false information (Arthur & Muller, 1999). Furthermore, the country has no ‘independent’ and privately owned newspapers. Even though the country’s laws allow all registered political parties to publish newspapers, however, printing facilities are mainly government owned which makes it difficult to print publications that are critical of government on large scale for wider circulation (Barry, 2000). Moreover, the few tabloid publications in the country all have political connections and publish information mainly politically based instead of fact-based news. Furthermore, tabloid journalists experience harsh treatment especially at the hands of law enforcement agencies who abuse the law often with impunity by arresting and detaining critical journalists (Arthur & Muller, 1999). For example, on 11 January 2016, journalist Mohamed Ibrahim Waïss of La Voix de Djibouti was arrested and detained in Djibouti’s Gabode prison after being accused of spreading false news and insulting the president. His newspaper later accused the law enforcement agencies of having tortured him during the detention and having forced turn over to them his Facebook account password and to sign many written statements. He was released on 17 January 2016 when the government failed to charge him with any crime (Barry, 2000). Similarly, in May 2015, editor and journalist Maydaneh Abdallah Okieh of La Voix de Djibouti newspaper was accused of spreading false news about the police officers. He was arrested in the national capital Djibouti City and detained. During the detention, he accused the law enforcement agencies of brutally torturing him and being refused access to medical attention. Furthermore, in February 2011, journalists Farah Abadid Heldid and Houssein Robleh Dabar of La Voix de Djibouti newspaper were arrested for spreading false news, encouraging illegal demonstrations and insulting the president during the presidential election campaign and were held for four months. Journalist Heldid later accused the country’s intelligence service of torturing him during the detention while being interrogated (Arthur & Muller, 1999). Furthermore, in 2007, Le Renouveau newspaper was forced to cease operations after an article that accused the brother in law of President Ismail Omar Guelleh of accepting bribes from a local businessman while working as the governor of the Central Bank of Djibouti. Similarly, in

5  FALSE NEWS LAWS IMPACT ON TABLOIDS IN EAST AFRICA 

125

March 2003, Le Renouveau director Daher Ahmed Farah was arrested and detained after being accused of spreading false news that was undermining the morale among the country’s army. The arrest and the detention followed an article that was published on 6 March 2003 that accused the military leadership of politically motivated dismissals and the 17 April 2003 article that questioned the neutrality among the army leadership and accused them of misconduct. In addition, in 2001, Le Renouveau newspaper editor was arrested and charged after authorities accused the tabloid newspaper of spreading false information leading to its suspension from publishing indefinitely. Generally, the country has been one of the worst jailers of the journalists and in recent years all private newspapers have been banned (Barry, 2000). There is also a similar pattern in Eritrea where false news laws have largely contributed to the closure of all privately owned tabloid newspapers. Even though the country’s constitution provides for press freedom, the 1996 Press Proclamation Law limits this freedom. It also requires a licence for one to work as a journalist. This law is heavily abused by the ruling authorities. It requires journalists to publish content that reflects the ‘objective reality of Eritrea’ (Limpitlaw, 2016). Under the leadership of President Isaias Afwerki, many journalists have been imprisoned. Furthermore, the country’s laws prohibit reprinting articles from banned publications. It is also required for news to be approved by the government before being released to the general public. Besides, a permit is required to distribute and print a foreign publication. Moreover, since 2001, all privately owned media have been banned and only the government media is allowed to operate. The president continues to argue that private media are all driven by personal interests and real press freedom can only be provided by government-owned media (Murthy, 2012). There are many tabloid journalists currently languishing in the country’s detention centres and prison. Moreover, many of the once vibrant tabloid newspapers have been closed and critical tabloid journalists imprisoned with many being held in solitary confinement with little information about their conditions. There are also others that have since died in detention at Eiraeiro prison camp. For example, there is still limited information on the founder of tabloid newspaper Setit newspaper Dawit Isaac which has since been closed in the country with some reporting indicating he has since died (Weldehaimanot, 2010). However, since 2005, the government has continued to argue that many of the jailed tabloid journalists have made mistakes including

126 

B. CHAMA

spreading false news and being agents of the enemy following the Eritrea war with Ethiopia from 1998 to 2000. Besides, all journalists in detention have never been brought to trial and it is illegal to leave the country which is punishable by prison time and considered treasonous. There are some critical tabloid journalists that have since left the country while others have been running ‘underground’ publication such as the Echoes of Forto newspaper which was launched in 2013 by a dissident group, and began circulating in the capital Asmara with contributors from local- and foreign-based journalists (Ogbazghi, 2015). Besides, Ethiopia is another regional country where spreading false news is illegal and seriously impact on press freedom and tabloid journalism. Even though the 1995 constitution provide for press freedom, there are other laws that restricts this freedom in the interest of peace and public order (Berger, 2007). For example, the 2009 Anti-Terrorism Proclamation law is often used by ruling authorities to suppress critical tabloid newspapers. The same law is also used to arrest tabloid journalists using the state of emergence powers. The law also provides powers to the security forces to detain suspects up to four months without charge (Limpitlaw, 2016). Moreover, prosecutors are allowed under the law to seize materials before they are published in the interest of national security and can pursue cases without complaints being offered by the aggrieved parties. Furthermore, the 2016 Cybercrime law criminalizes online publications and content deemed false and pornographic in nature with penalties to the publisher and internet providers whether they know or not if such materials were objectional at the time of publishing (Belete & Gebeye, 2019). This is a catch all law as both the internet provider and the user are liable for prosecution and ignorance is not a defence to avoid prison time. Furthermore, many critical journalists continue to experience harassments and intimidations including regular arrests and imprisonments on trumped-up charges. For example, Negere Ethiopia newspaper journalist Getachew Shiferaw was arrested in December 2015 and charged by authorities with many offences including spreading false information and subversion. In May 2017, he was found guilty after being detained for many months in filthy and harsh prison conditions in which detainees regularly complain of torture at the hands of the law enforcement agencies (Skjerdal, 2014). Furthermore, in 2015, journalist and editor of Ye Muslimoch Guday newspaper was convicted and sent to prison on charges of spreading false news and inciting terrorism. Moreover, his colleague journalist Solomon Kebede was also given a prison sentence of several years. This was after an

5  FALSE NEWS LAWS IMPACT ON TABLOIDS IN EAST AFRICA 

127

article published in 2012 on the protests by the country’s Muslim community. It pointed out evidence of unfair treatment following their prison convictions which ranged from seven to 22 years. The authorities claimed that the journalist was spreading false news and inciting terror (Dejene, 2013). Similarly, in May 2016, journalist Zelalem Workagenehu of De Birhan was given a five years prison sentence for after being accused of spreading false news and inciting the masses to overthrow the government. Furthermore, in 2014, journalist Temesgen Desalegn of the Feteh newspaper was convicted for three years in prison for spreading lies. He also claimed of being denied medical services while in detention (Aseres & Salawu, 2015). Moreover, in September 2013, journalist Reeyot Alemu of Feteh newspaper was sentenced to five years for misinformation and spreading terror. He was then detained at Kaliti prison where he later went on hunger strike to protests the unfair arrest and solitary confinement. His health also deteriorated significantly while in prison. Furthermore, in 2019, the Addis Neger newspaper was forced to close down prematurely by authorities’ behaviour with its journalists arguing that they feared prosecution. Even though the country’s constitution provides for press freedom, this freedom is generally defeated by the many other laws and regulations that make it very difficult for tabloid journalists to enjoy this freedom in practice (Belete & Gebeye, 2019). Similarly, Somalia is another country where tabloid journalists are regularly arrested and frequently accused of spreading false news and get charged with many other offences. Besides, the country continues to struggle with Shabaab militant group in recent years with many tabloid journalists being arrested and killed in the line of duty (Hansen, 2013). Since the 1969 coup by army general Siad Barre, the country saw two decades of instability and brutal leadership until it was toppled in 1991 which has since led to clan-based militias fighting one another, with the country lacking central government (Verhoeven, 2009). This situation has exposed many tabloid journalists to frequent arrests and even death. However, in 2000, the Transitional National Government led to the Transitional National Assembly and the election of transitional President Abdiqassim Salad Hassan and the signing of a cease fire in Kenya in October 2002 (Chonka, 2017). The fact that the country is not an electoral democracy, it can be argued that technically in many respects, Somali state has ceased to exist. Moreover, even if it is governed by the international recognized Transitional Federal Government, which is led by President Abdullahi Yusuf Ahmed, the country’s laws in practice remain

128 

B. CHAMA

difficult to implement (Rotberg, 2010). However, the country’s charter provides for press freedom even though in practice, journalists operate in dangerous conditions. Moreover, even the tabloid newspapers in Hargeysa, a self-declared independent state, also continue to experience limitations with regard to press freedom in the post-conflict Somaliland (Höhne, 2008). Furthermore, the country’s media code provides severe restrictions on press freedom, and the work of tabloid journalists has remained deadly over the years. For example, in 2007, about 55 journalists fled the country in fear of being arrested after many were accused of triggering militia wars by spreading false news. Moreover, many were also arrested and eight were assassinated by ‘unknown’ assailants (Chonka, 2017).

Conclusion There is evidence to show that accusation of spreading false news continue to expose many tabloid journalists to arrests and detention including imprisonment in regional countries covered in this book from the Eastern Africa region. Moreover, authorities also have a tendency to utilize different laws in tandem to curb even legitimate criticism. Even though the countries covered all provide mechanisms for press freedom, the situation in practice is often different, and these rights and freedoms are regularly not respected. Furthermore, in the majority of countries covered in this chapter, there is no access to information law, which puts many tabloid journalists in vulnerable positions when it comes to prove the authenticity of the information being provided and published to avoid being accused of spreading false news. Besides, even in countries with mechanisms that have laws that provide journalists access to information, the authorities and government departments are often reluctant to release the information to the tabloid journalists, with many citing confidentiality and national security laws as excuses not to release the requested information. It is clear that challenges remain to the work of tabloid journalists and their tabloid newspapers. Moreover, the fact that in many countries covered in this chapter show that the accusation of spreading false news once convicted also provides heavy fines often out of reach of many tabloid newspapers publication, this situation forces many tabloid newspapers to cease operation after being fined with others being exposed to prison time for failure to pay the fines. It is not surprising that many civil society organizations continue to lobby and challenge the various authorities to change their laws and to make press

5  FALSE NEWS LAWS IMPACT ON TABLOIDS IN EAST AFRICA 

129

freedom a reality. Unfortunately, some government authorities have been reluctant to do so, while citing the need for peace and stability and accusing many tabloid journalists of being poorly educated, poorly paid, having political motives, and mainly vulnerable for bribes. The next chapter discusses sedition and treason laws and the effect on tabloids in Central Africa.

Bibliography Arthur, S., & Muller, T. (1999). Political handbook of the world. Binghamton, NY: CSA Publications. Aseres, A., & Salawu, A. (2015). Language policy, ideologies, power and the Ethiopian media. Communicatio, 41(1), 71–89. Bakibinga, D. (2001). Law of contract in Uganda. Kampala: Fountain Publishers. Barry, T. (2000). The statesman’s yearbook: The politics, cultures, and economies of the world. New York: St. Martin’s Press. Belete, S., & Gebeye, B. (2019). Media law in Ethiopia. South Holland: Wolters Kluwer Press. Berger, G. (2007). Media legislation in Africa: A comparative legal survey. Rhodes: School of Journalism and Media Studies. Bizimana, S. (2017). The Burundi legal system and research. New York: University School of Law. Charles, M., & Nyoni, M. (2019). The contributions of social media as sources of information to the newspapers in Tanzania. International Journal of International Relations, Media and Mass Communication Studies, 5(4), 56–71. Chipeta, B. (2009). Handbook of public prosecutors. Dar Es Salaam: Mkuki naNyota Publishers. Chonka, P. (2017). News media and political contestation in the Somali territories: Defining the parameters of a transnational digital public. Journal of Eastern African Studies, 13(1), 140–157. Cruikshank, A. (2016). The urban–rural divide: Building the news media agenda in post-genocide Rwanda. African Journalism Studies, 37, 77–94. Dejene, M. (2013). The role of the private print media in post-socialist Ethiopia views from government, opposition politicians, academics and the private press. Global Media Journal, African Edition, 7(2), 140–171. Eribo, F., & Jong-Ebot, W. (1997). Press freedom and communication in Africa. Trenton: Africa World Press. Falola, T., & Jean-Jacques, D. (2015). ‘Tanzania: Media.’ Africa: An encyclopedia of culture and society. Santa Barbara: ABC-Clio. Feltoe, G. (2009). Magistrate handbook. Harare: Legal Resource Foundation. Frère, M. (2009). After the hate media: Regulation in the DRC, Burundi and Rwanda. Global Media and Communication, 5, 327–352.

130 

B. CHAMA

Frere, M. (2015). Francophone Africa: The rise of ‘pluralist authoritarian’ media system? African Journalism Studies, 3(1), 103–112. Hansen, S. (2013). Al-Shabaab in Somalia: The history and ideology of a militant Islamist group. Oxford: Oxford University Press. Höhne, M. (2008). Newspapers in Hargeysa: Freedom of speech in post-conflict Somaliland. Africa Spectrum, 43(1), 91–113. Kamatali, J. (2020). Introduction to Rwanda law. London: Routledge. Kamilindi, T. (2007). Journalism in a time of hate media. In A. Thompson (Ed.), The media and the Rwandan genocide (pp. 136–144). London, UK: Pluto Press. Kane, O., & Bizimana, A. (2016). Media–state relations in Burundi: Overview of a post-traumatic media ecology. Communicatio, 42(2), 155–169. Karolides, N., & Green, J. (2005). Uganda: Encyclopedia of censorship. New York: Facts on File Publishing. Kolajo, A. (2002). A Layman’s guide to criminal law and anti-corruption law. Ibadan: Spectrum Books. Limpitlaw, J. (2016). Media law handbook for East Africa. Bonn: Konrad-Adenauer-Stiftung. Mambi, A. (2010). ICT law book: A source book for information & communication technologies and cyber law. Dar es Salaam: Mkuki na Nyota Press. Maryann, E. (2015). Professional identity and ethical standards: A challenge to journalism education in the Kenyan media landscape. In C.  Schmidt (Ed.), Kenya’s media landscape: A success story with serious structural challenges (pp. 127–146). Leipzig: Vistas Verlag. Mbeke, P. (2010). Mass media in Kenya: Systems and practice. Nairobi: Jomo Kenyatta Foundation. Meyen, M., Fiedler, A., & Schamberger, K. (2016). It is a crime to be abusive towards the president: A case study on media freedom and journalists’ autonomy in Museveni’s Uganda. African Journalism Studies, 37(3), 1–18. Mudhai, O. (2014). Immediacy and openness in a digital Africa: Networked-­ convergent journalisms in Kenya. In H.  Mabweazara, O.  Mudhai, & J. Whittaker (Eds.), Online journalism in Africa: Trends, practices and emerging cultures (pp. 123–140). New York: Routledge. Muindi, B. (2018). Negotiating the balance between speed and credibility in deploying twitter as journalistic tool at the Daily Nation Newspaper in Kenya. African Journalism Studies, 39(1), 111–128. Murthy, C. (2012). State owned media and democratization in Eritrea. Global Media Journal, African Edition, 6(2), 172–215. Mushanga, T. (2004). Criminology in Africa. Kampala: Fountain Publishers. Namusoke, E. (2018). Uganda: Press freedom attacked by state bodies. The Common Journal of International Affairs, 107(2), 221–223. Ogbazghi, P. (2015). Eritrea’s politics and governance crisis as political culture epiphenomena. Journal of Contemporary African Studies, 33(4), 467–473.

5  FALSE NEWS LAWS IMPACT ON TABLOIDS IN EAST AFRICA 

131

Ong’ondo, C., & Obuya, J. (2019). Caught between a rock and a hard place: How Kenyan journalists are coping with pressure for media accountability. African Journalism Studies, 40(2), 1–15. Ongowo, O. (2011). Ethics of investigative journalism: A study of a tabloid and a quality newspaper in Kenya. Leeds: University of Leeds. Rotberg, R. (2010). When states fail: Causes and consequences. Princeton, NJ: Princeton University Press. Skjerdal, T. (2014). Online journalism under pressure: An Ethiopian account. In H.  Mabweazara, O.  Mudhai, & J.  Whittaker (Eds.), Online journalism in Africa: Trends, practices and emerging cultures (pp.  89–103). New  York: Routledge. Sobel, M., & McIntyre, K. (2017). Reconstructing Rwanda: How Rwandan reporters use constructive journalism to promote peace. Journalism Studies, 19(4), 2126–2147. Stremlau, L. (2018). Media, conflict, and the state in Africa. Cambridge: Cambridge University Press. Sturmer, M. (1998). The media history of Tanzania. Masasi: Ndanda Mission Press. Thompson, A. (2007). The media and the Rwanda genocide. London: Pluto Press. Tibatemwa-Ekirikubinza, L. (2005). Offenses against the person. Kampala: Fountain Publishers. Turner, S. (2008). Cyberwars of words: Expressing the unspeakable in Burundi’s diaspora. Journal of Ethnic and Migration Studies, 34(7), 1161–1180. Verhoeven, H. (2009). The self-fulfilling prophecy of failed states: Somalia, state collapse and the global war on terror. Journal of Eastern African Studies, 3(3), 405–425. Weldehaimanot, S. (2010). African law of coups and the situation in Eritrea: A test for the African Union’s commitment to democracy. Journal of African Law, 54(2), 32–257.

CHAPTER 6

Sedition and Treason Laws and Effect on Tabloids in Central Africa

Introduction Sedition and treason laws affect tabloids in Central Africa and impact on press freedom. These laws also continue to threaten seriously many tabloid journalists who are regularly under attacks by either law enforcement agencies or ruling authorities. Moreover, sometimes these laws are used by authorities as excuses to attack tabloid journalists using verbal threats, intimidations and even physical harassments such as brutal assaults (Karolides & Green, 2005). Furthermore, there are times authorities use the detentions and imprisonment tactics as a deterrent mechanism to suppress critical tabloid newspaper publications and journalists. This is despite all regional countries covered having constitutions that provide for press freedom. However, the restrictions such as sedition and treason laws make the work of tabloid journalists more difficult as charges and detentions by law enforcement agencies lead to fear (Ogbondah, 1997). In fact, there are many instances in countries covered in this chapter where the tabloid journalists have been forced to leave the countries into exile because of being exposed to sedition and treason charges which often carry length prison sentences upon conviction. For instance, in recent years, especially with the rise of online journalism and social media, many regional countries have continued to develop laws broadening the definition of sedition and treason while at the same time undermining the press freedom rights of tabloid journalists and their tabloid newspapers (Lukungula, 2012). Moreover, many regional countries covered in this © The Author(s) 2020 B. Chama, Tabloid Journalism and Press Freedom in Africa, https://doi.org/10.1007/978-3-030-48868-0_6

133

134 

B. CHAMA

chapter have since developed laws that make it illegal to publish content that undermine government and have length prison time for anyone that criticize ruling authorities online and in print. The new emerging laws in many countries covered in this chapter also prohibit publishing of derogatory content that incites violence against the government and public officials (Nyenti, 2013). There also exist elements of hostility against tabloid journalists in many regional countries covered in this chapter with regular arbitrary arrests and detention often under the new emerging sedition and treason laws, on the backdrop of terrorism now threatening peace in many countries. There are also times tabloid journalists have been accused of being sympathizers of terrorists and their organizations and working with organizations with criminal elements with the core purpose of suppressing even legitimate criticism of the authorities (Alobwede, 2006). There is an emerging trend in which many countries law enforcement agencies continue to arrest tabloid journalists in the interest of what they often justify as to maintain peace, while at the same time, imposing restrictions on content that can be reported and published. Moreover, there are also times tabloid journalists critical of authorities sometimes get their publications confiscated by national intelligence and security service operatives (Frère, 2007). At times authorities also tend to use laws that were often used during colonialism largely intended to prevent the masses to revolt against the colonizers. These laws which are still available in many regional countries constitutions are used by authorities to silence, intimidate and even imprison tabloid journalists that refuse to be silenced while other journalists continue to fall afoul to sedition and treason which are heavily abused by authorities (Ogbondah, 1997). This chapter looks at sedition and treason laws and their effect on tabloids in Central Africa. It focuses on Chad, Central African Republic, Democratic Republic of Congo, Cameroon, Gabon, Equatorial Guinea, Sudan and South Sudan. It starts by explaining sedition and treason laws. It then looks at their impact on tabloid journalism practice. It notes that these laws have wider overreach and heavily abused by authorities to silence, intimidate and even jail journalists. It cites examples of tabloid newspapers and journalists that have come under attack. It argues that despite all regional countries having constitutions that provide for press freedom, these laws make tabloid journalists work difficult and prone to detentions. It points out that the major problem is that these laws often carry length prison sentences upon conviction. It concludes that as many

6  SEDITION AND TREASON LAWS AND EFFECT ON TABLOIDS IN CENTRAL… 

135

regional countries continue to remain fragile with internal conflict and terrorism activities, press freedom will continue to be suppressed and these laws remain being abused.

Sedition Law The law of sedition generally entails in tabloid journalism publishing content that can be observed by ruling authorities as inciting an uprising such as a riot or revolt against a democratically elected government or a political establishment. The publication can even be in form of speeches and pictures that are able to provoke and incite an insurrection against an established political or ruling organization of a particular country (Berger, 2007). This law is heavily used by the ruling authorities in the regional countries covered in this chapter and the fact that in many of the constitutions covered the law provide wide and broad definition, it also offers the ruling authorities with many sweeping powers. Indeed, tabloid journalists can be charged after publishing content which often in the minds of the ruling authorities especially in countries with limited press freedom can be interpreted as inciting disaffection towards the government and its leadership (Ngaira, 1993). The provisions in the law of sedition further include tabloid journalists publishing content that calls for resistance against an established order and its authority. It can also involve publishing speeches and conduct that calls for the subversion of the country’s constitution. This might include calling the readers and the general public to disregard for example the parts of the constitutions that provide legal guidelines for public order and peace. There are times tabloid journalists are also charged with sedition in regional countries after publishing the news that show discontent towards the established authority even though the information might be intended to provide constructive criticism within the boundaries of press freedom (Hyeden, Leslie, & Ogundim, 2017). The law of sedition sometimes provides guidelines in which journalists can be charged even without calling directly for commotion and violence against the laws and the established order and its authorities. The fact that the law often provides the law enforcement agencies in many regional countries covered in this chapter to decide content which might be considered as passing the requirement of sedition charges puts many tabloid journalists in danger, who are often arrested and detained sometimes in overcrowded prisons for many months usually without being charged.

136 

B. CHAMA

There are times even when the case finally arrives in court after a tabloid journalist has spent many months in detention, the victims are usually freed with no compensation for unfair detention (Karikari & Mower, 2000). However, the tabloid journalists that are often convicted on sedition charges tend to receive heavy sentences in many regional countries covered, the prison sentence for sedition can range at times from 15 to 25 years in prison on average. Moreover, even when the tabloid journalists are arrested and charged with sedition, their tabloid newspapers are often closed down indefinitely which makes it very difficult for many publication to commence publication even after the case has been thrown out for lack of justifications especially in countries with functioning and independent judiciary (Louw, 2004). It is also important to stress that sometimes ruling authorities especially in countries with lack of information access laws and authoritarian leadership, tend to use sedition charges to suppress even legitimate criticism of corrupt leaders and financial embezzlers. For instance, in many regional countries covered in this chapter, there exist widespread corruption especially among the leaders in the high echelons of power who usually see the government and public funds as an apparatus for their own personal benefits at the expense of the ordinary citizens many of which live in abject poverty. Indeed, when tabloid journalists brave enough calls for people to be more involved in the political affairs and hold leaders to account, they often tend to be charged with inciting the masses to revolt against the established order and are accused of being seditionists who want to overthrow the government in the name of press freedom (Ngaira, 1993).

Treason Law The law of treason continues to affect tabloid journalists and tabloid newspapers content with authorities regularly arresting and charging reporters and media institutions. In law, treason is defined generally as a criminal disloyalty to the state. Even though this law provides crime that touches on someone instigating against one’s own sovereignty nation, in tabloid journalism, this might involve publications that calls for the war against one’s own country and even content that can be interpreted as attempting to incite the overthrow of one’s own country and its government (Berger, 2007). There are incidents tabloid journalists are charged with treason and called traitors for publishing content on military bases and activities including the work of secret services. The charge of treason tend to carry

6  SEDITION AND TREASON LAWS AND EFFECT ON TABLOIDS IN CENTRAL… 

137

heavy sentencing upon conviction and largely because the acts tend to be seen as a serious threat to the country’s stability, such as calling for the killing of the head of state, or attempts that threaten the life of the leader, and tabloid journalists tend be vulnerable even when they publish content on their leaders’ illnesses. There are instances tabloid journalists have been charged with treason after for example reporting on the country’s military operations against insurgents and terrorists especially in situations if the authorities believe the reports are undermining their strategies and operations (Mochaba, Rafinetti, & White, 2004). The law of treason is regularly used in many regional countries and the fact that it has its origin from the draconian laws of the colonizers who often used it to prevent the masses to rise against the leadership, in many countries even after independence from colonialism, many constitutions have retained its provisions. This law also tends to have vague definitions and often with broader provisions which give the law enforcement agencies and the countries’ leaders power to dictate content that should be considered treason, and to arrest and detain the perpetrators. It is this provision that exposes many tabloid journalists to arrests and puts them in a very vulnerable position when it comes to reporting (Hyeden et  al., 2017). The fact that treason also provides for harsh sentences and length prison time upon conviction, many journalists once arrested and charged tend to be detained for many months, and often subjected to aggressive interrogation technics while in detention and sometimes are even tortured. There are also times the tabloid journalists are physically and brutally assaulted by the law enforcement agencies in what is often called ‘physical discipline’ often with impunity to force them to reveal their sources of information upon which they base their news and allegations (Bujitu, White, & Macoo, 2005). Furthermore, there are also times the charges of treason are slapped on tabloid journalists to prevent even legitimate criticism of the country’s national security especially in countries vulnerable to the work of terrorists’ organizations currently tormenting many areas of central Africa. The fact that the law gives ruling authorities and the law enforcement agencies a lot of powers to interrogate tabloid journalists who are accused of being traitors, it is this situation that often lead to the shutting of many tabloid newspapers especially the ones that are more critical of the government and its leadership. Moreover, there are instances ruling politicians tend to use the term traitors to refer to confrontational tabloid newspapers which trigger the law enforcement agencies to conduct arrests and charge such

138 

B. CHAMA

journalists with treason even when there is no verifiable treasonable actions and information in the publications (Bujitu et al., 2005). However, even though some regional countries covered in this chapter have removed some more restrictive draconian charges of treason and reduced the length of prison time while claiming to foster press freedom, there are still currently a number of countries that still provide capital punishment and life in prison for treason upon conviction. For instance, even interviewing the leaders of groups considered terrorist groups in many regional countries have at times resulted in many tabloid journalists being charged with treason and accused of helping an enemy to spread the ideas especially during the time of war and conflict (Ngaira, 1993). It is this situation that often creates an environment in which the only information authorities want to be considered reliable and acceptable, even if misleading to the general public, is that which is produced by political leaders and military generals at times of war. Any content that question their wisdom and military judgement, or that quote other former military operatives with more superior knowledge often exposes tabloid journalists to charges of treason. The fact that charges of treason are often broad; such as calling for an insurrection, inciting the overthrowing of government, criticism of national and foreign aggression, the corporation with insurgencies, the communication with terror groups, among others, puts many tabloid journalists in very vulnerable position (Hyeden et al., 2017).

Sedition and Treason Laws on Tabloids There are many incidents in Central Africa of tabloid journalists being charged with defamation and treason and having their newspapers closed by the law enforcement agencies. Besides, authorities tend to regularly threaten tabloid journalists who are often accused of being irresponsible in their reporting (Mushanga, 2004). In Chad, for example, despite the country’s constitution providing for press freedom, authorities regularly use sedition and treason to suppress the work of tabloid journalists. For instance, the media Law No. 17 of 2010 provide heavy fines for content that incite violence and condone ethnic and religious hatred even though it has removed prison term (Falola & Jean-Jacques, 2015). Moreover, there is no law that provides for access to information. Besides, the 2008 press law under Decree No. 5 provides heavy penalty and there also remains high impunity for the perpetrators and for those who harass and intimidate of the tabloid journalists especially security operatives.

6  SEDITION AND TREASON LAWS AND EFFECT ON TABLOIDS IN CENTRAL… 

139

Moreover, the country is ethnically polarized and highly conservative, and the ongoing armed rebellion on the border with Sudan makes issues of tension among tribal clans very sensitive to report about (Macedo, 2006). For instance, in 2008, the High Council of Communication, the country’s media regulatory body warned the media of being charged with treason and banned newspapers against reporting on any activities of the rebel groups citing the harm to national unity. Moreover, in 2014, all journalists and media institutions that called for local government organizations to conduct popular protests due to fuel shortages were reprimanded and warned with being charged with sedition by the ruling authorities (Falola & Jean-Jacques, 2015). For example, in April 2014, N’Djamena al-­ Djadida newspaper publisher was arrested after an article that accused the country’s grand imam of being a foreign spy. Moreover, on 6 May 2013, journalist Eric Topona was arrested and charged with abortive conspiracy following a foiled coup attempt on 1 May 2013. He was on 19 August 2013 given a prison sentence that he had called for an uprising against the government. Moreover, journalist Moussaye Avenir de la Tchiré was also convicted on 29 August 2013 for two years in prison after being accused of inciting hatred in the country (Frere, 2015). Similarly, in September 2012, journalist Jean-Claude Nékim of N’Djamena Bi-Hebdo newspaper was convicted for one year in prison for inciting racial hatred and sedition after a petition that was very critical of the president’s ethnic group. The newspaper was also suspended for three months. Moreover, in October 2010 the N’Djamena Bi-Hebdo newspaper was warned by the country’s media regulator to avoid articles that borders on sedition and treason and content that incite violence and hatred after an article that claimed the prime minister was dangerous for the country (Debos, 2016). Furthermore, in December 2007, journalist Nadjikimo Benoudjita of the Notre Temps newspaper was arrested after an article that was critical of President Idriss Deby and his leadership. He was detained for three days and charged with inciting violence and religious hatred including sedition. In addition, in October 2006, a Notre Temps newspaper journalist was threatened by authorities of being a traitor and detained for four days after publishing an editorial that was very critical of government conduct in the war (Frère, 2007). Similarly, in July 2005, journalist Garonde Djarma of L’Observateur newspaper was jailed for three years after an article that was critical of the administration treatment of the ethnic minorities, and for criticizing the controversial constitution amendment that allowed the president to stay in office for a third term. He was

140 

B. CHAMA

charged with many crimes including sedition, inciting hatred and treason (Falola & Jean-Jacques, 2015). There are also many incidents in Central African Republic in which sedition and treason laws continue to impact negatively on press freedom and tabloid journalism practice. For example, the country 2004 constitution has sedition and treason laws which are vaguely worded and expose many tabloid journalists to frequent charges and arrests. Even though the 2005 constitution abolished prison time for many offences, the government continues to exert a lot of control on the work of the media and its content (Fombad, 2013). Besides, there is no access to information laws which makes it difficult to verify the information being published by the tabloid journalists. Moreover, despite the constitution providing for press freedom, there continue to exist laws that restrict this freedom such as prohibition of incitement of ethnic and religious hatred, the publishing of news to disturb peace and public order (Ogbondah, 1997). For instance, since 2000, many tabloid journalists continue to be subjected to regular harassment and arbitrary arrest including detentions making reporting difficult. For example, in August 2014, journalist Maurice Wilfried Sebiro of Centrafrique Libre newspaper was detained after being accused of threatening the life and safety of President Samba-­ Panza and was charged with many offences including sedition and treason. The arrest and detention came after the journalist was photographing the motorcade. His camera was also confiscated (Lombard, 2016). Similarly, in August 2013, journalist Davy Kpenouwen of Le Pays newspaper was summoned by the prosecutor general and threatened with arrests and being charged with sedition and treason. The threats followed the newspaper coverage of the Séléka rebel coalition in an article that alleged it had connection with Badica, a local diamond-trading house (Frère, 2007). Furthermore, in January 2012 journalist Ferdinand Samba of Le Démocrate newspaper was given a prison sentence after being charged with incitement of hatred against the government and sedition. This was after an article on money laundering and embezzlement that implicated Finance Minister Sylvain Ndoutingaï, a cousin of President François Bozizé. The tabloid newspaper was also suspended from further publishing for one year (Kewir & Emile, 2016). In addition, in January 2008, journalist Faustin Bambou of Les Collines du Bas-Oubangui newspaper was arrested and charged with many offences including treason and sedition. He was detained following an article that accused two government ministers of embezzling roughly US $14 million

6  SEDITION AND TREASON LAWS AND EFFECT ON TABLOIDS IN CENTRAL… 

141

from the French company AREVA.  He was given a prison sentence (Hoffmann & Verweijen, 2019). Moreover, on 12 March 2007, journalist Michel Alkhaly Ngady of Le Temps Nouveaux newspaper was arrested after the paper criticized the suspending of Centrafriqu’Un newspaper after it published an article critical of human rights abuses by soldiers from Chad, a Central African Republic’s regional ally (Frère, 2007). The journalist had written an article that encouraged the newspaper to continue publishing and disregard the suspension. He was charged with many offences including inciting of violence, disregard for the constitution, treason, sedition, disobedience to public authorities, jeopardizing sovereignty of the state, and obstruction of justice. On 2 April 2007, he was given a prison sentence (Meyer, 2009). Besides, in January 2006, journalist Maka Gbossokotto of Le Citoyen newspaper received death threats from the presidential guard former member, who threatened him of being arrested for treason and sedition. This was after an article that alleged outbreak of violence in the capital Bangui between various factions of the military police. In fact, there continue to be a persistent attack on press freedom in the country, and many tabloid journalists continue to be exposed to draconian treason and sedition laws over the recent years, with the situation deteriorating especially during the Séléka rebellion (Frère, 2007). Another country with sedition and treason laws that continue to impact on the work of tabloid journalists and tabloid newspapers is that of the Democratic Republic of Congo (Fombad, 2013). For instance, the constitution of 2005 provides for press freedom and even freedom of information. However, this right is restricted in practice through a variety of means (Lukungula, 2012). For example, the 1996 Press Law provides death penalty for journalists that are convicted of treason and sedition and the crimes include publications that boarders on insulting the army, betraying the state at the time of war and demoralizing the army (Ogbondah, 1997). Many of the draconian laws in the penal code are used to censor and jail journalists who anger government officials. Moreover, journalists as soon as they accused and arrested, are quickly jailed under the policy of preventive detention. The authorities regularly use the ‘preventive detention’ powers to restrict and suppress political criticism by the tabloid journalists (Frère, 2009). The National Intelligence Agency also tends to arrest and often torture tabloid journalists with impunity. Moreover, journalists are also often prohibited to discuss internal conflict by the emerging M23 rebel group in the eastern part of the country, and

142 

B. CHAMA

to interview militia leaders and mutineers, which leads to imprisonment and publication shut down by authorities (Laudati, 2013). For example, in March 2016, journalist Willibrond Kahamwiti of Ishango News was detained under the 1996 Press Law after an article that detailed the failing health of unnamed government official ‘President Joseph Kabila’ in the ruling government. He was charged with treason and sedition (Frère, 2009). Furthermore, in June 2012, Le Journal newspaper was banned by the communication minister after an editorial that discussed the fragile military operations in the eastern part of the country. The paper accused Rwanda military involvement in conflict and colluding with the Congolese of Rwandan ancestry. The minister accused the paper of many crimes including treason and sedition, inciting racism, tribalism and demoralizing the army (Lukungula, 2012). Moreover, in April 2010, journalist Jullson Eninga of Le Journal newspaper was arrested and charged with treason after publishing a communiqué by a militia group. The journalists spent five months in prison while awaiting on trial (Frere, 2015). Besides, in 2007, journalist Rigobert Kwakala Kash of Le Moniteur newspaper was charged with sedition after an article that alleged rampant corruption of industrial nature in the public sector in President Joseph Kabila’s regime. The paper also accused transitional governor of the western province of Bas-Congo for embezzling. He was given a prison sentence after being convicted. The newspaper was also suspended for six months (Lukungula, 2012). Furthermore, in November 2005, journalist Patrice Booto was arrested and detained for nine months after being accused of publishing ‘alarming rumours.’ He was charged with many crimes including treason, sedition, insulting government and insulting head of the state (Karolides & Green, 2005). The tabloid journalists continue to experience arbitrary arrests, detentions and physical violence regularly by security forces. In fact, journalists that challenge ruling authorities and powerful figures and that cover controversial issues such as corruption risk attacks (Frère, 2009). There also exists dubious legal prosecution of tabloid journalists to suppress their operations. The fact that many tabloid outlets are owned by partisan individuals with businesspeople affiliation, this makes publications vulnerable to political propaganda and impacts on news quality. This situation also contributes to frequent arrests and detention of journalists (Lukungula, 2012). There also exist sedition and treason laws in Cameroon which seriously continue to impact on the work of tabloid journalists and tabloid

6  SEDITION AND TREASON LAWS AND EFFECT ON TABLOIDS IN CENTRAL… 

143

publications. Even though the country’s 1996 constitution guarantees press freedom, this right is not respected in practice (Alobwede, 2006). Moreover, the 1990 Law on Social Communication, under Article 17 of the 1996 amended law, provides the government officials power to ban any tabloid newspapers that are considered a threat to peace and good order (Fombad, 2013). Besides, the penal coder also provides public officials additional ‘social protections’ which are regularly used to suppress even legitimate criticism by the tabloid journalists and their tabloid newspapers. Moreover, the 2014, antiterrorism law also now sharply limit press freedom and tabloid journalists convicted of ‘defending terrorism’ can face up to 20 years in prison (Nyenti, 2013). This law also provides that the military courts try the accused and the defendants. The tabloid journalists accused of ‘defending terrorism’ risks arrests and length detention. There is also no specific law that provides for freedom of information and for access to information; even the 1990 Law on Social Communication does not provide the ‘right to know’ confirmation. Under the 1990 Social Communication Law, even though the sources of information protection are stated, judges can compel journalists to reveal the information sources in closed sessions (Fombad, 2013). Moreover, the tabloid journalists are also vulnerable especially those who publish content online under the 2010 Cybersecurity and Cybercriminality Law which provides for the identification of the sources of information. Furthermore, the National Communications Council which is a country’s media regulator created in 1991 has powers under the 2012 presidential decree to ban tabloid newspapers and to sanction tabloid journalists (Ngangum, 2019). Many tabloid newspapers also tend to be highly sensational and sometimes careless when it comes to reporting, and elements of bias and fabrication of facts continue to exit. However, there are also at times overzealous law enforcement agencies arrest and detain tabloid journalists and even shut down critical tabloid newspapers. Besides, the detention of tabloid journalists in harsh prison conditions exposes many reporters to worse punishment (Mushanga, 2004). For example, in August 2015, journalist Simon Ateba was arrested and detained after being accused of entering without official permission the Minawao refugee camp which has about 50,000 Nigerian refugees who have been displaced by the insurgency group Boko Haram in the far north region. He was charged with many offences including sedition and spying on behalf of the terrorist group Boko Haram (Nyenti, 2013). Similarly, in 2014, journalists Rodrigue Tongue of Le Messager and Félix Ebolé Bola of Mutations were charged

144 

B. CHAMA

with many offences including treason and sedition, possession of national security information concerning the Central African Republic insurgents, and for failing to inform the authorities. This followed the publications of articles that were very critical of the military operations in the far north of the country were Boko Haram militia groups continue to terrorism the region (Ngangum, 2019). The journalists were called before the military tribunal judge in December 2015 that there was sufficient evidence to convict them for sedition and treason case. Furthermore, in September 2006, journalist Duke Atangana Etotogo of L’Afrique Centrale was arrested and detained after being charged with sedition and treason by the military security services after many articles that accused the army of incompetency and putting the country in vulnerable position and cited allegation of corruption among the military authorities (Alobwede, 2006). Generally, even though tabloid journalists often go at length to hold government authorities accountable, unfortunately, many remain tabloid newspapers and their journalists remain vulnerable to bribery in exchange to reporting fairly, a behaviour which is widespread and pervasive. The major contributing factor to corruption in the media is that many journalists get low wages and lack formal journalism training and are not familiar with the profession’s ethical standards (Nyenti, 2013). It is also important to look at another regional country Gabon where sedition and treason laws continue to impact on the tabloid journalists and tabloid newspapers. Despite the country’s constitution providing for press freedom, this right is heavily restricted in practice (Audenhove, 1996). Moreover, the 2001 media laws do not provide adequate protection of international standards. For instance, the law that protects journalists’ sources is only allowed in some ‘cases specified by the law’ without specifying the relevant cases. There is also no freedom of information law which makes it very difficult for tabloid journalists to verify public held information. Besides, the country’s media regulator, the National Communication Council, has no independence, and the country’s president has powers to appoint and remove its members. Moreover, arguably, the media organization regulator independence is only in theory and has massive powers to suspend the media institutions including tabloid newspapers (Fombad, 2013). These laws affect press freedom and tabloid newspapers in the country and also suppress even legitimate criticism of the government and its leadership. For instance, in May 2014, Le Verbe de Ngomo newspaper was banned and accused of destabilizing the country and many other offences

6  SEDITION AND TREASON LAWS AND EFFECT ON TABLOIDS IN CENTRAL… 

145

including treason and treason after publishing articles that alleged the country’s president was not a natural-born Gabonese citizen (Ngolet, 2014). Similarly, in April 2013, the Ezombolo newspaper was suspended for six months after articles that criticized the President Ali Bongo Ondimba’s record in office and accused him of providing incompetent and chaotic leadership to the people of Gabon. The newspaper was also accused of publishing seditious articles that were inciting violence and calling for revolt against an established power. It was also accused of disrespecting the public institutions including the laws that were to ensure that there is order and peace in the country. It was also accused of repeatedly publishing articles that were calling for ethnic division and insurrection. It was further accused of persistently publishing articles that were insulting the country’s head of state (Fombad, 2013). Furthermore, in June 2011, Echos du Nord newspaper was suspended for a month after being accused of treason and sedition after publishing articles that were claiming President Ali Ben Bongo Ondimba used a false birth certificate to file for candidacy in the 2009 election. Moreover, in June 2007, journalist Guy-Christian Mavioga of L’Espoi newspaper was given a prison sentence after being charged with many offences including sedition, inciting violence and offending the head of state (Ngolet, 2014). The prison sentence followed articles that were critical of President Omar Bongo’s leadership and that touched on his deteriorating health. The articles also discussed allegations of succession battles which were taking place in Bongo’s political inner circle. The newspaper was also suspended indefinitely for violating the country’s national security laws. In addition, in December 2003, L’Autre Journal newspaper was accused of publishing seditious and treasonous content and was banned indefinitely. The paper was also accused of attacking the dignity of the country’s institutions. This was after the newspaper published several articles that disparaged the ruling politicians arguing that they were corrupt (Audenhove, 1996). However, tabloid newspapers also tend to show political bias that supports their affiliations when it comes to reporting and tends to practice self-­ censorship especially on matters that cover the presidency. Moreover, tabloid journalists are regularly exposed to physical attacks and harassments by the law enforcement agencies and political operatives (Ngolet, 2014). There is also sufficient evidence in Equatorial Guinea to show that even though the country’s constitution provides for press freedom, this right is severely restricted in practice. For instance, the authorities regularly use sedition and treason laws to censor even legitimate criticism of the

146 

B. CHAMA

president and the security forces. Moreover, there is no law that allows journalists access to public information which makes it difficult to publish information with certainty. For example, the 1992 Law on the Press, Publishing, and Audiovisual Media, severely restrict journalism activities and authorizes official prepublication censorship by the government. Moreover, the fact that the private publications and local journalists are required to register with the government, it becomes difficult for critical journalists and publication to overcome the often extremely bureaucratic and complex process. The government also tightly monitors the coverage of the presidency and local activities using often draconian laws to charge journalists with treason and sedition. The journalists who often criticize the presidency or his family including high ranking authorities or security forces tend to experience serious intimidation, government crackdown and even physical assault (Siapera & Veglis, 2012). This is despite President Teodoro Obiang Nguema Mbasogo’s eldest son Teodorin Obiang currently facing multiple international investigations into allegation of money laundering. For instance, in October 2017, he was given a three-year prison term by a French court in Paris for plundering public funds, corruption and abuse of trust, and money laundering. The tabloid newspapers rarely cover these multiple investigations locally in fear of reprisals and being blacklisted by security forces (Salgado, 2016). For instance, in February 2011, the Information Minister Jeronimo Osa Osa issued threats and directives to charge all journalists with sedition and treason who were to report on the unrest that were taking place in Egypt and Tunisia related to the Arab Spring. The tabloid journalists who defied the ban suffered serious consequences. For example, Journalist Juan Pedro was severely assaulted for ignoring the directive. Similarly, in February 2011, journalist Juan Tomás Ávila Laurel of Atanga publication was arrested and charged with treason and sedition and later went on hunger strike to protest government treatment and its policies (Siapera & Veglis, 2012). Furthermore, in April 2005, journalist Pablo Gracia Saez of Afrol News was threatened to be charged with sedition and was accused by authorities of inciting violence and waging a sustained campaign through the publication that was calling for the overthrow of Equatorial Guinea. This was after the publication produced many articles that were very critical of President Teodoro Obiang Nguema Mbasogo and accused the government of human rights violations (Salgado, 2016). Moreover, in June 2005, the government through the police ceased 200 copies of La Verdad newspaper accusing the publication of treason and sedition. This was after

6  SEDITION AND TREASON LAWS AND EFFECT ON TABLOIDS IN CENTRAL… 

147

the paper published the articles that were very critical of the ruling politicians (Frère, 2007). The newspaper was affiliated with the opposition Convergence for Social Democracy party, which ruling authorities accused of inciting violence and calling for the revolt against the government. For example, in November 2003, journalist Rodrigo Angue Nguema was threatened with charges of treason and sedition. This was after an article that claimed the military were planning to overthrow the leadership of President Teodoro Obiang Nguema Mbasogo. However, the government forcefully denied the publication assertion and claims. The journalist was consequently arrested and detained at Black Beach Prison for many weeks (Siapera & Veglis, 2012). The tabloid journalists are regularly exposed to systematic harassment, beatings and even forced exile. In addition, criticism of the president and the security forces is not tolerated and often carry harsh penalties including arbitrary arrests. The publications that are too critical of the government are often banned without explanation from the newsstands. Besides, tabloid journalists are subjected to imprisonment without a charge (Salgado, 2016). Moreover, sometimes law enforcement agencies who are close to the presidential clan demand bribes from newspaper publishers with threats to shut down their publication often using vague press laws. This situation in which the government only tolerates mild criticism of the government and the presidency has resulted in many tabloid newspapers to focus on sports gossip, culture and entertainment to avoid law enforcement and ruling political operatives and security forces wrath. Even El Lector tabloid newspaper which states to be independent always praises the government and avoids content that is critical of the political authorities (Salgado, 2016). Another regional country with continued systematic abuse of tabloid journalists is South Sudan which became independent on 9 July 2011 following 22 years of civil war. Despite the country’s constitution under Article 24 allowing for press freedom, there exist restrictions which the government argues are for the purpose of peace and public order, and are essential to democracy and to the promotion of the rights of others and government institutions trust (Walter, Soderlund, & Donald, 2014). Even though the transitional constitution under Article 32 guarantees the right to access official information, in practice, authorities do not make often this information available. Moreover, tabloid journalists continue to be exposed to sedition and treason charges, a situation that has worsen especially in recent years. For instance, the 2015 National Security Service Law

148 

B. CHAMA

allows law enforcement agencies to arrest and detain tabloid journalists and monitor communication and they tend to go overboard and abuse these provisions (Fombad, 2013). For example, in July 2016, tabloid journalist Alfred Taban of the Juba Monitor newspaper was arrested and charged with many offences including sedition and treason under the 2008 penal code provisions instead of the Media Authority Act of 2013, which has safeguards for media freedom when it comes to the adjudication process. The journalist was also detained for several weeks incommunicado. The arrest and detention came after the newspaper published articles and opinion pieces that criticized President Salva Kiir and the First Vice President Riek Machar, who were accused by the newspaper of being incompetent, and calling them to step down for failing to run the country properly and for betraying the public trust (Daly & Rolandsen, 2016). The situation of tabloid journalists and tabloid newspapers has continued to worsen amid ongoing conflict between armed rival factions, which has contributed to the closure of many tabloid newspapers. The continued intimidation and arrest of journalists has also contributed to fear and self-­ censorship leaving many citizens with information vacuum. There are also incidents of journalists being killed in the line of duty (Biel, 2007). Moreover, the government has a tendency to use the National Security Service to intimidate tabloid journalists and close newspaper publications. The national security law enforcement agencies also tend to be regularly positioned in printing sites to prevent publication of suspicious articles (Daly & Rolandsen, 2016). For example, in January 2015, journalist Michael Koma of Juba Monitor newspaper was accused of publishing treasonous and seditious materials by the National Security Service who also threatened to close down the publication especially over its critical commentaries. Similarly, the Nation Mirror newspaper was also accused of inciting violence and sedition after the article that criticized the government incompetence in its effort to defeat the insurgents and various armed militias that were fighting the ruling government (Walter et  al., 2014). Furthermore, in March 2014, the National Security Service Director Major General Akol Koor and the Information Minister Michael Makuei accused the Al-Mijhar al-Siyasi newspaper of publishing materials which were not only treasonous but also seditious. The newspaper was also accused of supporting the opposition groups that were inciting ethnic violence and triggering the country into social anarchy. The newspaper was also closed down after government warned journalists that any sympathy

6  SEDITION AND TREASON LAWS AND EFFECT ON TABLOIDS IN CENTRAL… 

149

for rebel activities publications would be viewed as a form of collaboration with insurgents which carries treason charges and length prison time (Daly & Rolandsen, 2016). Furthermore, in May 2013, journalist Michael Koma of Juba Monitor newspaper was arrested by police and held for many days. The arrest and detention came after the newspaper published news articles that criticized the deputy security minister and law enforcement agencies of incompetence and failing to provide security for the ordinary citizens (Walter et al., 2014). Furthermore, in June 2012, authorities suspended Al-Khabar newspaper after being accused of sedition. This was after the newspaper published an article that criticized the government leadership of lacking the capacity to rule the country effectively. Similarly, journalist Isaiah Diing Abraham Chan Awuol was shot dead in Juba few days after an article that called for President Salva Kiir to step down for competence and lack of direction in which he was interrogated and accused of sedition and conniving with insurgents to overthrow the government (Daly & Rolandsen, 2016). Similarly, in June 2012, journalist Bonifacio Taban was arrested and detained for many days after an article that claimed that the country was exposing many soldiers to death and worsening the numbers of the widows. The same article also noted that there were over 500 soldiers’ windows in the country many of which were complaining to the newspaper of having received poor and even at worst no compensation from the government after the death of their husbands in the line of duty. The article also challenged the government to come clean and report the casualty figures as worsening than what was being communicated to the general public and the media (Fombad, 2013). Furthermore, in March 2011, tabloid journalist Mohamed Arkou Ali was charged with many offences including treason, sedition and espionage. His arrest came after being accused by the law enforcement agencies of taking pictures of the military personnel without a permit. He was then detained for many weeks. It was also reported that he was subjected to aggressive interrogation technics by the National Security Services during the detention which included torture while in custody (Walter et al., 2014). Similarly, neighbouring Sudan is another country with widespread sedition and treason laws that continue to impact on the work of tabloid journalists and tabloid newspapers. Despite the country’s constitution protecting press freedom under Article 39 of the Interim National Constitution of 2005, there are other laws that impact on this freedom and the work of tabloid newspapers. Moreover, the Press and Publication

150 

B. CHAMA

Act of 2009 provides restrictions on the press in the interest of public order and national security interests (Chonka, 2017). The law also has vague guidelines that ban newspapers that publish content that incites violence and holds editors criminally liable for the content which is published in their newspapers. Besides, the penal code of 1991 and the National Security Forces Act of 2010 have harsh and length prisons sentences for journalists convicted of inciting violence. Even though in January 2015 the parliament adopted the access to information law, in practice, challenges remain with authorities reluctant to release information. The law has 12 categories that allow exemptions to protect information from release which includes foreign policy matters and national security provisions (Fombad, 2013). For instance, in January 2015, the Al-Midan newspaper was accused by ruling authorities of inciting violence and charged with many cases which included treason, sedition and undermining the constitutional system with intent to remove the government. The journalist behind the news articles was facing the prospect of death sentence upon conviction. She was arrested after the newspaper carried out articles that criticized the government with its approach militarily to neutralize the rebel and militia groups fighting the ruling government (Chonka, 2017). Similarly, in March 2014, the authorities closed the Sudanese Online newspaper after accusing it of inciting violence against the government and triggering anti-­ government demonstrations that bordered on sedition and treason especially with regard to articles on the war in Darfur region. Furthermore, in April 2013, journalist Al-Nour Ahmed al-Nour of Al-Sahafa newspaper was accused of inciting violence and sedition by the national security authorities after accusing the law enforcement agencies of failing to protect its own people from the insurgents and militias. The newspaper was also instructed to have its editor step down permanently or risk being shut down for forever (Mahé, 2018). Moreover, in January 2011, the Bar’ut newspaper was accused by authorities of sedition and inciting the people to revolt against the government and attacking the constitution. This was after the newspaper published articles that were calling for the country to be demarcated especially the eastern region citing irreconcilable ethnic differences. The newspaper journalists who reported on the stories were arrested and detained for many weeks and accused of being traitors (Chonka, 2017). Furthermore, in May 2010, journalist Hassan al-Turabi of the Rai al-­ Shaab newspaper was arrested and charged with sedition and treason after

6  SEDITION AND TREASON LAWS AND EFFECT ON TABLOIDS IN CENTRAL… 

151

an article that claimed that the Iranian forces were in the country to help the militia groups to overthrow the ruling government. The newspaper later reported that the journalist was tortured while in detention. He was finally convicted of undermining the country’s constitution and spreading seditious and treasonous news (Mahé, 2018). Besides, in January 2002, the Khartoum Monitor newspaper was suspended after being accused by authorities of sedition and treason. The tabloid newspaper journalist Nhial Bol was also arrested and charged with many offences that included treason, sedition and crimes against the state. The arrest and charges came after publishing articles that accused the government of slavery of the militias that were being captured in the war, violating the peace accord and sabotaging the country’s judiciary (Lamoureaux & Sureau, 2019). The reality is that the government engages in different mechanisms such as suspension of critical tabloid newspapers by law enforcement agencies often without any justification or citing laws under which the newspapers are prohibited. The country also has laws that allow prepublication censorship and confiscation of newspapers and arbitrary detention of tabloid journalists (Chonka, 2017). However, despite the various tabloid journalists and tabloid newspapers challenges by the government laws and enforcement agencies, the number of newspapers both in print and online continues to increase. Besides, the fact that the National Council for Press and Publications law requires all journalists to register with it and it is supervised by the government who has power to close newspapers without any court order, and appoints many of its members to regulate the journalism profession, it is difficult for tabloid journalists to constructively criticize government without being exposed to intimidation and closure possibilities (Chonka, 2017).

Conclusion There is evidence to suggest that sedition and treason laws continue to be used in Central African countries to suppress press freedom and monitor the work of tabloid journalists and tabloid newspapers. Even though sedition in many regional countries’ constitution is defined as any published content in the case of tabloid newspapers that calls for incitement of revolt and riots including that of an established power, however, in many regional countries covered, the definition of the law is so vague and broad. Moreover, the authorities sometimes use the restriction of sedition law even to curb any legitimate criticism of the government and its leadership.

152 

B. CHAMA

Besides, the fact that the law of sedition tends to have harsh and very often length prison time upon conviction, it exposes many tabloid journalists to fear if convicted, and the possibilities of spending their entire lives in prison. It is also important to note that authorities sometimes try to hold on to power, and tend to use the sedition law which has major restrictions and deterrent mechanisms to censor and suppress tabloids journalists and tabloid newspapers especially if they are critical of the government operations (Mahé, 2018). Similarly, treason law also tends to have vague and often wide provisions which expose many tabloid newspapers and tabloid journalists to frequent arrests by the law enforcement agencies. This law in many regional countries is heavily abused and tabloid journalists are often assaulted and detained due to the published content that authorities often tend to view as betraying one’s country, attempting to overthrow the government and betraying the state (Fombad, 2013). It is evident that treason and sedition are serious criminal offences in Central Africa and carries length prison time upon conviction. It is also important to note that many the government authorities tend to abuse these laws to suppress the press and often use them to hold on to power. This is largely because the law provides vague and broad guidelines and even when it comes to law enforcement agencies determination of the content. Moreover, these laws also provide many powers to law enforcement agencies to determine published tabloid content and to arrest and detain tabloid journalists. These laws in many countries need reform and many are contrary to the international press freedom standards. The next final chapter discusses the conclusion of this book and the final word looking at the past and the future of tabloid press freedom in Africa.

Bibliography Alobwede, E. (2006). African media development initiative: Cameroon research findings and conclusions. London: BBC World Service Trust. Audenhove, L. (1996). Media and democratisation in Gabon: A political analysis. Communicatio, 22(1), 55–66. Berger, G. (2007). Media legislation in Africa: A comparative legal survey. Rhodes: School of Journalism and Media Studies. Biel, R. (2007). South Sudan after the comprehensive peace agreement. Jena: Netzbandt Verlag.

6  SEDITION AND TREASON LAWS AND EFFECT ON TABLOIDS IN CENTRAL… 

153

Bujitu, D., White, J., & Macoo, I. (2005). The Republic of Mozambique. An overview of media law and practice in Mozambique. Johannesburg: Konrad Adenauer Stiftung. Chonka, P. (2017). News media and political contestation in the Somali territories: Defining the parameters of a transnational digital public. Journal of Eastern African Studies, 13(1), 140–157. Daly, W., & Rolandsen, H. (2016). A history of South Sudan: From slavery to independence. Cambridge: Cambridge University Press. Debos, A. (2016). Living by the gun in Chad: Combatants, impunity and state formation. London: Zed Books. Falola, T., & Jean-Jacques, D. (2015). Chad: Media: Africa: An encyclopedia of culture and society. Santa Barbara: ABC-Clio. Fombad, C. (2013). Some perspectives on durability and change under modern African constitutions. International Journal of Constitutional Law, 11(2), 382–413. Frère, M. (2007). The media and conflicts in central Africa. Boulder: Lynne Rienner. Frère, M. (2009). After the hate media: Regulation in the DRC, Burundi and Rwanda. Global Media and Communication, 5, 327–352. Frere, M. (2015). Francophone Africa: The rise of ‘pluralist authoritarian’ media system? African Journalism Studies, 3(1), 103–112. Hoffmann, K., & Verweijen, J. (2019). Rebel rule: A governmentality perspective. African Affairs, 118(471), 352–374. Hyeden, G., Leslie, M., & Ogundim, F. (2017). Media and democracy in Africa. London: Routledge. Karikari, K., & Mower, J. (2000). Press, power and politics: Ghana. Boston: Media Diversity Institute and The Freedom Forum. Karolides, N., & Green, J. (2005). Democratic Republic of Congo: Encyclopedia of censorship. New York: Facts on File Publishing. Kewir, K., & Emile, S. (2016). Building peace in the Central African Republic. Asian Research Consortium, 6(1), 41–59. Lamoureaux, S., & Sureau, T. (2019). Knowledge and legitimacy: The fragility of digital mobilisation in Sudan. Journal of Eastern African Studies, 13(1), 35–53. Laudati, A. (2013). Beyond minerals: Broadening ‘economies of violence’ in eastern Democratic Republic of Congo. Review of African Political Economy, 40, 32–50. Lombard, L. (2016). State of rebellion: Violence and intervention in the Central African Republic. London: Zed Books. Louw, R. (2004). Undue restriction: Laws impacting on media freedom in the SADC. Johannesburg: MISA. Lukungula, V. (2012). The challenges of journalism ethics in the Democratic Republic of Congo. Ecquid Novi African Journalism Studies, 33(3), 60–73.

154 

B. CHAMA

Macedo, S. (2006). Universal jurisdiction: National courts and the prosecution of serious crimes under international law. Philadelphia: University of Pennsylvania Press. Mahé, A. (2018). A tradition co-opted: Participatory development and authoritarian rule in Sudan. Canadian Journal of Political Science, 51(2), 233–252. Meyer, A. (2009). Regional conflict management in Central Africa. African Security, 2(2–3), 158–174. Mochaba, K., Rafinetti, C., & White, J. (2004). SADC media law: A handbook for practitioners, 2. Johannesburg: Konrad Adenauer Stiftung. Mushanga, T. (2004). Criminology in Africa. Kampala: Fountain Publishers. Ngaira, W. (1993). The law of sedition in Kenya: A denial of the right to information. Wajibu, 8(4), 12–14. Ngangum, P. (2019). The National Communication Council: Opportunity or constraint for press freedom and freedom of expression in Cameroon? African Journalism Studies, 41(1), 1–6. Ngolet, F. (2014). Ideological manipulations and political longevity: The power of Omar Bongo in Gabon since 1967. African Studies Review, 43(2), 55–71. Nyenti, A. (2013). Crowd sourced journalism and democratic governance: The case of Cameroon. Oxford: Thomson Reuters Foundation. Ogbondah, C. (1997). Freedom of the press freedom and political development in Africa. African Media Review, 8, 1–39. Salgado, S. (2016). Political participation, alternative media and citizen journalism in Lusophone Africa. In H. Mabweazara, O. Mudhai, & J. Whittaker (Eds.), Online journalism in Africa: Trends, practices and emerging cultures (pp. 187–201). New York: Routledge. Siapera, E., & Veglis, A. (2012). The handbook of global online journalism. Hoboken, NJ: John Wiley & Sons. Walter, C., Soderlund, E., & Donald, B. (2014). The independence of South Sudan: The role of mass media in the responsibility to prevent. Waterloo: Wilfrid Laurier University Press.

CHAPTER 7

The Final Word

Introduction This book was intended to look at tabloid journalism and press freedom in Africa and has navigated the continent looking at various newspapers and countries and how their laws impact on the work of tabloid journalists. In all the discussions presented in this book, there is an emerging trend that almost all the countries, despite providing for press freedom in their constitutions either directly or indirectly, there are still laws that exist in the same constitutions that heavily impacts on this freedom (Mathurine, 2004). It is also evident that many countries do not provide access to information laws which makes it very difficult for many tabloid journalists to report information with accuracy as they depend on the goodwill of government authorities to release the information (Mano, 2005). Moreover, even the countries with access to information laws, it is very difficult to access this information as authorities tend to use laws such as official secrets and classified security information to deny journalists access to requested information. Moreover, countries that have information access laws, many do not have laws that compel government authorities to release the information, and the laws do not provide serious repercussion for authorities that do not provide the information upon request (Skjerdal, 2014). It is clear that all countries in Africa covered in this book are in serious need of media law reform which is able to respect the human rights and promote press freedom and democracy. It is also evident that apart from © The Author(s) 2020 B. Chama, Tabloid Journalism and Press Freedom in Africa, https://doi.org/10.1007/978-3-030-48868-0_7

155

156 

B. CHAMA

the media law reforms, there is a need to promote and support media associations and regulatory organizations that encourage good journalism practice (Frere, 2015). However, this book has also acknowledged even though there is need to promote press freedom and good journalism practice, the problem is that many people working in journalism profession tend to be poorly trained with limited understanding of the media laws which exposes them to the possibilities of violating the laws. Moreover, there is also evidence to show that many journalists in regional countries covered are poorly paid which also exposes them to unethical behaviour such as accepting bribes in exchange for good news coverage (Oloyede, 2005). Throughout this book, there is further evidence of widespread abuse of press freedom when one looks at the sheer numbers of tabloid journalists being arrested, detained and even sent to prison every year in many countries covered. Arguably, this might be that, either, the government is not comfortable with the work of tabloid journalists, or tabloid journalism practice is not appreciated and seen as a threat to peace and good order (Siapera & Veglis, 2012). However, in some countries covered, there is evidence to show that many authorities tend to be very uncomfortable with the media that is critical of government regardless of the genre. This is largely because some ruling authorities want to see the media that regularly support their interests without offering even legitimate and constructive criticism (Oloyede, 2005). It is for this reason that the tabloid newspapers that are always praising the government especially in authoritarian countries covered in this book, actually tend to have a very long-life span, and often get the much-needed advertising requests from the government, which tend to be the biggest client in terms of advertising in many regional countries. It is not a surprise that even when it comes to measuring press freedom around the world by the local and international organizations covered in this book, African countries tend to rank poorly in the global standing (Mathurine, 2004). This chapter offers a summary of ‘Tabloid Journalism and Press Freedom in Africa,’ revisiting some of the insights discussed in the book. It points out that despite all countries covered providing for press freedom in their constitutions either directly or indirectly, there are still laws that exist and that heavily impact on press freedom and tabloid journalism practice. It concludes by making recommendations that include media law reforms such as access to information laws that will compel authorities to release information upon request and serious legal penalties for failure to

7  THE FINAL WORD 

157

release information. It however cautions that even countries with access to information laws, it is very difficult to access the information as authorities tend to use laws such as official secrets and classified security information to deny journalists access to requested information. It further recommends the need to promote and support media associations and regulatory organizations that are able to encourage good journalism practice. It also calls for the need for good journalism training especially with regard to higher professional and ethical standards.

Emerging Cyberspace Laws on Tabloids The advent of internet has created an environment that has led to many journalists and media institutions to continue embracing as a platform for publishing. These emerging trends, however, has come with many challenges across the African continent with new laws now emerging (Banda, 2010). These laws which are emerging are now catching up with the practice of tabloid journalism especially for newspapers with an online platform. In fact, in many regional countries covered in this book, laws are now emerging to control the online publishing. There are many ruling authorities across the African continent, and not only in Southern Africa, the central focus of this discussion in this book, who are now seeing the internet, first on the positive side, as a force for good with regard to online publishing, and on the negative side, as creating a very dangerous platform especially for journalists using it to criticize government (Frere, 2014). Therefore, there are now laws being put in place to identify information sources which are impacting on tabloid journalism practice. For instance, this book has provided evidence and discussed cases of many tabloid journalists who are victims of online publishing laws and who are being arrested and charged for many offences. For example, there are now laws in some regional countries that forbid anyone publishing content online that identify the name of the person protected by the court order (Kihara & Njeri, 2016). There are other similar laws that have emerged to deal with online publishing including using social media (Errazouki, 2017). For example, in March 2018, Uganda Communication Commission issued a directive to all online data communication service providers including online news platform to apply and obtain authorization from the commission, or risk their online news platform being blocked in the country, and were given only one month to do so. Furthermore, in recent years, many ruling government leaders and politicians have intensified the

158 

B. CHAMA

crackdown on social media and online journalists especially following the popular protests and uprisings that led to political changes in Northern Africa, and that brought about political transformation in countries such as Tunisian and Egyptian (Khamis & Vaughin, 2014). Similarly, the Tanzania Communication Regulatory Authority now requires all the online content creators, including online tabloid newspapers, that every publication to apply for a licence to publish online, and pay the application fees of roughly US $43, and an initial three-year licence of roughly US $437, which is renewable with fees of similar amount. This government requirement has forced many online tabloid newspapers to cease operations as the finances are out of reach for many journalists. Moreover, under the same government regulations, the online newspapers and other similar online content providers, are required that they should have mechanisms in place to be able to identify the sources of information if requested to do so. Indeed, the fact that it is becoming evident in many regional countries across the African continent that the social media is proving to be a powerful weapon in mobilizing the masses against the ruling authorities’ incompetence, it is not surprising that the government in many regional countries covered in this book are tighten the laws (Mare, 2013). Generally, in any modern democracy, and within the limitations of the press freedom, this hands-off approach to online journalism and social media use by the authorities, is heavily suppressing freedom of expression and democratic participation in many regional countries covered in this book. Even though many ruling authorities in regional countries discussed in this book are justifying their legal restrictions on cyberspace by arguing that online platforms such as social media are being abused and often used to spread falsehoods and damage many innocent people’s reputations, unfortunately the tabloid journalists and their tabloid newspapers with an online presence, are now becoming more vulnerable to these emerging laws, and largely because of having many social media followers and readership especially the popular publications (Skjerdal, 2014). Furthermore, the ruling authorities in regional countries with more authoritarian regimes are also pointing out that the false information about government operations can easily go viral and cause so much harm to the countries’ stability. Moreover, there are also instances covered in this book in which authorities have established regulatory bodies to monitor online activities and prosecute lies and innuendos as published by the tabloid newspapers (Tsandzana, 2018).

7  THE FINAL WORD 

159

Basically, even though it is the responsibility of every country to develop laws to bring about peace and good order, the major challenge is actually finding the balance between protecting press freedom while at the same time ensuring peace and stability (Jotia, 2018). The need to find the balance is arguably theoretically possible but practically very difficult. For example, the governments in many countries covered in this book continue to experience challenges when it comes to silencing tabloid journalists operating online with tabloid newspapers registered with foreign domains and website hosting platforms, and in situations where the tabloid journalists cannot be identified in the by-line. Even though one of the popular mechanisms often used by many regional countries covered in this book is that of denial of service, and blocking website access in the respective countries, there are also other challenges in situations in which website hosting service providers which are located outside the blocking countries, are not able to take down online content, or alter the articles immediately following the directive by authorities (Chapatula & Majawa, 2013). Furthermore, there is also evidence to show that even though many countries covered in this book have developed cyberspace laws that are monitoring online activities, these laws are also heavily being abused to close down tabloid newspapers in print format and also block their online access permanently (Maziya, 2003). Moreover, the law enforcement agencies are also sometimes being used by the ruling authorities to target the more critical tabloid newspapers while regularly monitoring their online content and charging them often with vague offences to suppress their online activities. For example, there are also instances discussed in this book in which sometimes authorities send online journalists threatening emails and messages whenever they are not happy with the content being published especially in situations when they cannot find a law to charge them with (Toupin, 2019). Finally, in an effort to what many ruling authorities are arguing is the need to fight misinformation, it continues to be a common practice in many regional countries covered in this book that the laws are being passed which are generally very stringent, and which are heavily restricting the work of tabloid journalists online. These legislations continue to undermine the public confidence in the use of online tabloid newspapers and are forcing many tabloid journalists to increase self-censorship and even complete withdraw from the online platform (Moyo, 2011).

160 

B. CHAMA

Public Order Laws on Tabloids The public order laws are often used as crimes that incite resistance to the law through civil disobedience (Puddington, 2008) which may be committed by the tabloid newspaper and tabloid journalists. For example, the tabloid journalists and tabloid newspapers can be prosecuted for content that appeals to incitement, support and even conspires with intend to break the law (Webb, 2012). Furthermore, the newspaper that also publishes content that encourages disobedience to the laws and even to the authorities can be prosecuted (Simon, 2011). This law is very often vague in many regional countries covered in this book and leads to abuse and suppression of even legitimate criticism of draconian laws that continue to hang over many countries’ penal codes. For example, highly charged and sensation articles that support trade union concerns such as planned demonstrations against the rising cost of living in many countries, and even the articles that merely support legitimate protests, can all subject the tabloid newspapers and tabloid journalists to prosecution under public order laws (Voorhoeve, 2018). Furthermore, the public order laws are also often used by ruling authorities in many regional countries covered in this book to consolidate their hold on power while, suppressing critical tabloid newspapers that questions their leadership style, that support opposition groups and that calls for resistance and the need to respect democracy (Shaat, 2015). This law in many countries also tends to give the law enforcement agencies widespread powers to dictate content published by the newspapers. Moreover, the law also exposes many tabloid journalists to frequent arrests and intimidation. For example, many tabloid journalists get arrested even when covering public demonstrations against the government or publishing content on the demonstrations which generally is a violation of the international human rights provisions (Miral, 2018). For instance, a 2017 report by the African Centre for Justice and Peace notes that many African countries tend to use public order laws to arrest, detain and even imprison critical voices in often overcrowded prison which tend to have poor ventilation, and many contagious diseases with the purpose of giving the victims a chilling effect, contrary to the African Commission on Human and People’s Rights (Lynch, 2012). Even though public disorder can destabilize a country especially those emerging from conflicts, and provide fear in the local population, however, politically motivated actions that target critical tabloid journalists and tabloid

7  THE FINAL WORD 

161

newspapers lead to widespread abuse of human rights and press freedom by authorities, who sometimes carry out arbitrary arrests and detention in the name of public order enforcement (Bouchaib, 2019). Besides, in countries with the maximum level of public order law, the situation is even worse for tabloid journalists who regularly struggle to enjoy press freedom, due to security forces who often fail to protect journalists from the attacks by those who seek to suppress their activities (Baum & Zhukov, 2015). Therefore, this becomes very difficult for ordinary people who read tabloids regularly to access information as journalists tend to live in constant fear of being assaulted, arrested, detained and even murdered. This is despite the common perception that the security forces and the law enforcement agencies exist with the core purpose provide fair policing to bring about peace and public order. Unfortunately, sometimes their actions limit press freedom by providing conditions that make it very for journalists to practice their trade. For example, even news content that tends to question the security forces behaviour, also tend to attract serious crackdown on such tabloid newspapers (Voorhoeve, 2018).

‘National Security’ Laws on Tabloids The ‘national security laws’ are often cited by many ruling authorities as grounds for arresting and charging tabloid journalists and even closing their publications. The laws which are often wide and vague in many regional countries covered in this book tend to be heavily abused to target the newspaper publications and journalists considered more critical (Miral, 2018). The fact that many of the national security laws prohibits certain aspects of news for example that criticizes even the military operations and even non-military dimensions provides authorities and law enforcement agencies with a lot of powers. For example, tabloid journalists can be prosecuted for publishing articles that ranges from terrorism activities to even to matters of economic inequalities and ethnic political exclusions (Puddington, 2008). The fact that the national security laws remain vague and open to many interpretations by ruling authorities and security enforcement agencies in many regional countries’ constitutions, it becomes very difficult to avoid prosecution when the tabloid journalists publish the content in their newspapers (Voorhoeve, 2018). It is for this reason that when authorities are not happy with the content being published, they often intimidate tabloid journalists by charging them with many national security laws

162 

B. CHAMA

offences in the hope that some charges might stick once the case goes to trial (Webb, 2012). However, it is the mental and physical torture to which the tabloid journalists are exposed while in detention and waiting for trial that many tend to break down physically and emotionally; and even by the time the charges are dismissed, their zeal to continue practicing journalism tend to disappear, and many leave the profession (Simon, 2011). This book has noted that it is evident that there is a need to reform many of the draconian national security laws which are in place in regional countries covered. This is because they are not only contrary to press freedom but incompatible with modern democracy (Shaat, 2015). For example, this book has shown that many of the draconian laws which are currently being used in many of the regional constitutions, they were put in place by the colonizers which helped them to hold on to power and suppress critical voices (Lynch, 2012). Unfortunately, even after all African countries now becoming independent, these laws continue to be utilized by the ‘new colonial masters’ who are generally ruling politicians and use them to hold on to power, to steal public funds and to suppress voices that questions their actions and behaviour (Voorhoeve, 2018). Moreover, with the rise of terrorism activities in many regional countries covered in this book, the national security laws continue to be at the forefront of charges on tabloid journalists and are regularly used to close down and even suspend tabloid newspapers (Bouchaib, 2019). Besides, the tabloid journalists that cover news on terrorism and actions of terrorists, including the military operations of the respective countries, tend to often walk a thin line and regularly find themselves under arrests and detentions on national security charges (Baum & Zhukov, 2015). Even in times when the tabloid journalists interview militia group leaders to get their side of the story, or criticize the military operations that violate human rights, they tend to be seen as violating national security laws and exposes many journalists to serious charges (Miral, 2018). However, this does not mean that journalists should be free to publish what they want, but there should be clear legal guidelines and clear national security laws which should help tabloid journalists (Puddington, 2008). It is also important to acknowledge that there are times however that tabloid journalists can go overboard and generally act careless in their reporting. In fact, sensationalism in their reporting on national security matters can cause fear and moral panic and can also expose the country to national insecurity problems and even lead to catastrophic instability

7  THE FINAL WORD 

163

(Webb, 2012). Therefore, despite the journalism challenges, the point here is that there is need for national security laws to provide more clarity, not only for the tabloid journalists but also to the law enforcement agencies especially the military, who tend to be overzealous to arrest tabloid journalists who dare to question their tactics and their abuses (Voorhoeve, 2018).

Defamation Libel Laws on Tabloids The book has discussed defamation laws at considerable length especially libel and has noted that there is need for this law to reformed in the interest of press freedom in many of the regional countries covered. The major problem is that in many countries discussed, defamation libel continues to remain a criminal offence. Furthermore, it is regularly abused by many individuals and authorities to suppress tabloid newspapers and tabloid journalists (Adah, 2000). It is also unfortunate that in some regional countries covered, tabloid journalists are prosecuted even if the accusations are true and even in situations when the subject of criticism is dead (Eribo & Jong-Ebot, 1997). Besides, sometimes truth is not even used as a defence especially in regional countries where defamation remains a criminal offence (Ewumbue-Monono, 1992). The fact that the tabloid journalists need to prove that the information provided is in public interest, it becomes difficult to convince the authorities especially in countries where the judiciary are politically compromised which also infringes on press freedom (Gueye, 2006). Apart from the need to reform libel laws in many regional countries to treat it as a civil case instead of criminal offence, the fines also need to be reasonable and justified than what is often happening in many countries. For example, in some countries discussed in this book, the fines sometimes are so unreasonable, and out of rich for many tabloid journalists and tabloid newspapers. The heavy fines often force many publications to close down prematurely (Karolides & Green, 2005). The media law reform for defamation libel should done in the interest of press freedom and democracy and should not be seen as providing the media with a free range to defame anyone at liberty. But it should at least be amended to comply with the free speech principles as provided in the international human rights conventions (Kolajo, 2002). The reform should also reflect the African Charter on Human and People’s Rights which is a human rights instrument also known as Banjul Charter, and intended to protect and promote human rights and basic freedom in the

164 

B. CHAMA

African continent (Malu, 2016). For instance, the law need to provide journalists with some level of freedom and the prosecution should only be in situations when they publish information and allegations which are deliberately serious, and which they know to be false, and publish with the intent to injure the victim (Tozzo, 2005). Besides, it should be the responsibility of the prosecution to prove that the statement published was false, and that it was deliberately intended to injure another person, and it was published intentionally (Voorhoeve, 2018). Unfortunately, the retention in the penal code of the draconian and colonial defamation libel laws in many regional countries covered in this book, suggest that many countries have not moved forward to embrace press freedom as an important element of modern democracy (Malu, 2016). Furthermore, these repressive-colonial-era laws of defamation libel are regularly used to suppress critical tabloid journalists and tabloid newspapers (Ewumbue-Monono, 1992). Moreover, the fact that some defamation libel laws requires the owner of the tabloid newspaper, or the editor, to permit the victim of defamation the right to reply at least up to twice the length of the article at the centre of defamation allegation, which must be immediately published in the same place as the original article, and typeface, shows that at least defamation should be a civil offence and not a criminal offence (Gueye, 2006). In fact, this right to reply mechanisms if accorded reasonably and quickly, can lead to responsible journalism, and the need for editors and reporters to verify and cross-check information before publishing in the tabloid newspaper (Kolajo, 2002).

False News Laws on Tabloids This book has looked at many regional countries whose tabloid journalists continue to grapple with false news laws and charges regularly. There is evidence in countries covered that seems to show that the false news publishing laws tend to operate in tandem with insult laws which continue to affect the work of tabloid journalists and their tabloid newspapers (Makinen & Kuira, 2008). The spreading of false news law is also often presented very vaguely in many regional countries’ constitutions and this vagueness, provides wider interpretation by the authorities and law enforcement agencies (Ogbondah, 1997). For example, there are instances tabloid journalists are arrested, charged and even at times detained for publishing false news, even when the information might actually be true, but only that the authorities might not want it to be known by the general

7  THE FINAL WORD 

165

public. Generally, this often happens in situations where the information published touches for instance on widespread corruption and embezzlement especially in the high echelons of power or within the inner circle of ruling authorities (Eribo & Jong-Ebot, 1997). This law is also often abused by the authorities to silence tabloid journalists and censor the publication of information which might be embarrassing and yet true. Indeed, this book notes that there is need for false news law to be reformed especially in situations in which the information is true and there is sufficient evidence to prove the authenticity of the information published by the tabloid newspapers (Frère, 2009). Moreover, the publication of false news law is very problematic for the tabloid newspapers and the tabloid journalists because in many regional countries covered in this book, the burden of proving the defence is on the tabloid newspaper, and even if the good faith defence is often used, it is often for the prosecution to negate the tabloid newspaper and tabloid journalist claim to good faith (Waldorf, 2007). Furthermore, there is need to abolish the false news law, and instead, the defamation libel should be used as a civil case to compensate the false news by the tabloid newspaper publication. In fact, the tabloid newspaper should be ordered to provide correction by publishing in the newspaper at the same location as a false news (Mathurine, 2004). Besides, the other amendment and reform to false news law should relate to only information that the tabloid journalist and the tabloid newspaper publish with the publisher knowing to be false (Eribo & Jong-Ebot, 1997). Furthermore, the false news law reform should also apply only when the tabloid newspaper publishes information intentionally with the motive to disturb peace, incite violence and for example vilify someone at the centre of the false information (Makinen & Kuira, 2008). The false news and insulting news sometimes tend to accompany each other in many of the charges on tabloid journalists in regional countries covered in this book. This often happens when a tabloid newspaper publishes insulting false news (Ogbondah, 1997). The offence of insults is very controversial and often abused by law enforcement agencies and ruling authorities. For instance, the fact that insulting false news law does not provide public interest as a good defence against someone who is injured by the published content in many regional countries covered, it exposes many tabloid newspapers and their journalists to serious legal repercussions (Waldorf, 2007). Moreover, another problem is that insulting false news also applies in some countries to pictures making the law very

166 

B. CHAMA

objectionable. The insulting false news law is another example of draconian colonial era law which was meant to protect public figures from even legitimate criticism and has no place in modern democracy (Mathurine, 2004). Besides, the fact that the offence for printed insults carries heavy fines and even prison time in some regional countries covered in this book, it should be reformed and treated as a civil offence instead of a criminal offence as it is often the case in many countries (Eribo & Jong-Ebot, 1997). Moreover, since this law is often very vague, it is often abused by authorities to suppress critical tabloid journalists and tabloid newspapers. Furthermore, this law is also often used by the authorities to filter information and it remains contrary to press freedom (Voorhoeve, 2018).

Sedition and Treason Laws on Tabloids This book has discovered a very worrying pattern of many journalists who are often convicted and sent to overcrowded prisons with unsanitary conditions in many regional countries covered because having been found guilty of treason and sedition (Shaat, 2015; Puddington, 2008). The laws of sedition and treason even though heavily used in many regional countries, seriously impact on press freedom. In fact, there is evidence in this book to show that many countries use these laws to restrict even legitimate and constructive criticism of the way the countries are being run by their authorities and the failure to provide peace and security especially in countries battling with insurgence and militia groups (Ogbondah, 1997). Furthermore, many of the repressive regimes justify their authoritarian and dictatorial behaviour of jailing and detaining dissidents and other opposition leaders and critical voices, including tabloid journalists using sedition and treason laws, by arguing that they are ensuring peace and stability is maintained. Moreover, despite many countries with more advanced democracies around the world reforming and even amending these laws, many regional countries covered in this book continue to maintain these colonial draconian laws which heavily restrict press freedom (Ngangum, 2019). The need to reform and amend sedition and treason laws should be meant to find proper balance with press freedom and the principles and requirements of democracy. This does not mean that the tabloid newspapers should be completely free to publish what they want and should be done within reasonable laws. For instance, there are many criminal

7  THE FINAL WORD 

167

penalties with established offences for which jail time may be justified such as being guilty of fraud, bribery by paying public officials for information, incitement of disorder and even deliberately prejudicing a trial (Ewumbue-­ Monono, 1992). Furthermore, there are many other offences which are justifiable with reasonable jail time that always citing sedition and treason charges such as stirring up race and ethnic tension which history in many African countries has shown that it can do serious damage to communities. However, it is not justifiable to charge tabloid journalists and close their publication under the sedition and treason charges for merely questioning ruling authorities plundering of public funds and for exposing deep-rooted corruption which is widespread in many regional countries covered in this book especially with authoritarian regimes. It is generally not justifiable to put journalists in prison with length prison time which are provided under many of the sedition and treason penal codes, as reprimands and even reasonable fines can be better options, and for the repeated offenders, revocation of their newspapers registrations might be a better option than what is currently transpiring in many countries (Kolajo, 2002). Generally, in any democracy, there is need to provide a platform in which citizens are able to express fair comments if they are not happy with the state of the nation. This is what the opposition groups and political parties should be allowed to do regularly (Eribo & Jong-Ebot, 1997). In fact, there should be legal protection for individuals including the tabloid journalists and their newspapers that hold government accountable. This is because the government exists to serve the general public and provide the public good while using public funds (Ogbondah, 1997). For instance, even the continual existence of laws in many regional countries covered in this book which allow the president powers to ban any media organization even a newspaper publication considered in his or her opinion to excite disaffection towards the government is contrary to modern democracy (Ngangum, 2019). In fact, this discretionary power often provided to the president in many regional countries constitution is heavily abused and sometimes newspapers are closed without any genuine justification just because the leader might not be happy with what is printed and sometimes truth is not a defence. Furthermore, this power to ban and even close newspapers by the president without being challenged to explain the justification for doing so is another remaining relic of draconian colonial laws. Moreover, it doesn’t make sense to charge tabloid journalists with treason and sedition and convict them with unreasonable prison time,

168 

B. CHAMA

which is often length under these two laws, for merely expressing sometimes genuine dissatisfaction with the government, a legitimate right within democracy (Voorhoeve, 2018).

Conclusion This book was intended to look at tabloid journalism and press freedom in Africa. Its purpose was to look tabloid newspapers and how they negotiate their practice within the various laws and how this impact on their practice. Throughout the discussion, there is evidence that show very similar patterns when one looks at tabloid newspapers and the work of tabloid journalists. For example, in the Southern African countries, almost all are struggling to control and regulate the cyberspace and monitor online tabloid newspapers (Jotia, 2018). Moreover, in almost all countries, the laws continue to emerge which appear to be very draconian and generally vague, but all intended to control online activities. Furthermore, authorities also seem to be uncomfortable with online newspapers especially those with social media platform, now being seen as a much more serious threat to information dissemination. It has now become common in all countries in Southern Africa that laws are being passed regularly that are now impacting online tabloid journalism and citizen rights on cyberspace (Kihara & Njeri, 2016). Similarly, this book has also noticed a trend when one looks at the public order law and the national security laws with regard to the tabloid journalists and tabloid newspapers in North Africa. For example, the Arab Spring has since transformed this region with regard to the behaviour of the ruling authorities and those that have since been ousted. The Arab Spring were generally a series of protests and uprisings against the government in the early 2010s, in response to low standard of living and against repressive regimes, which also had elements of social violence and riots including insurgencies, and which were met with violent responses from authorities (Lynch, 2012). Even though the Arab Spring led to some leaders being forcibly removed from power, others however, managed to hang on and instituted serious public order laws and revamped national security laws as well. There is also evidence in regional countries covered in this book that tabloid journalists continue to be arrested and charged under public order offences especially if they publish content sympathetic to opposition groups that have been blacklisted as terrorism organizations such the Muslim Brotherhood in Egypt, which is an Islamist religious,

7  THE FINAL WORD 

169

political and social movement organization (Khamis & Vaughin, 2014). Moreover, there is also another pattern of many tabloid journalists that publish content that is either sympathetic to terrorist groups or criticize government treatment of alleged terrorists being exposed to regular arrests and being charged with many national security law offences especially for example when one looks at tabloid journalists that cover Morocco’s military operations and behaviour in Western Sahara, which exposes many to serious crackdown (Errazouki, 2017). There is also a trend currently taking place in many Western African countries covered in this book where many tabloid journalists are being exposed to defamation law charges and the fines are often out of reach for many newspaper publications. The defamation fines are not only unreasonable, but out of reach for many newspapers and which are resulting on many publications to close down prematurely. Moreover, even in some countries that have decriminalized libel, the fines are still very high for many tabloid newspapers which makes decriminalizing irrelevant (Yakubu, 1999). Furthermore, another trend is with regard to withholding advertising by ruling authorities when they do not like what is being published by some tabloid newspapers. Since the government tend to be the largest advertiser in many regional countries covered, withholding advertising heavily impact on the future of many tabloid publications as they are unable to sustain themselves by merely depending on newspaper sales and the private sector advertisers. Moreover, there is also evidence of the government favouring tabloid newspapers that are more sympathetic to the ruling government, which prevents the role of the press to provide checks and balances and expose wrongdoing (Karolides & Green, 2005). Furthermore, another trend observed in the regional countries covered in Eastern African countries is the impact of false laws on tabloid journalists and tabloid newspapers. It is evident that many tabloid journalists continue to experience regular intimidations from the law enforcement agencies including the ruling authorities. The situation for journalists is even worse when the papers relentlessly criticize the authorities handling on the government affairs (Makinen & Kuira, 2008). Moreover, the fact that many regional countries covered are fragile with terrorism activities being experienced, or have just emerged from armed conflict, or currently under sustained internal ethnic conflicts, authorities use this as a justification to charge the tabloid journalists with many false news law charges. Sometimes tabloid journalists are arrested and detained without being charged with their publications either suspended or completely shut down.

170 

B. CHAMA

The authorities also often justify their action citing the need for peace. Furthermore, the anti-terrorism laws’ enactment is also an emerging pattern heavily affecting press freedom and tabloid newspapers. This is largely because of the sporadic terrorism activities in the region in which also many journalists are being murdered in the line of duty, with others generally disappearing, and their disappearance remaining unsolved (Waldorf, 2007). There is also another trend in Central Africa among the countries covered in this book which is currently taking place and affecting tabloid journalists and press freedom. This is another region in which many countries are under sustained internal conflict, while others are fighting cross border terrorism activities (Frère, 2007). There is an emerging pattern in which the authorities are using sedition and treason laws to arrest and detain tabloid journalists and even suspend and close their tabloid newspapers. For example, there is a pattern of authorities in many countries who are being uncomfortable with tabloids that cover terrorism actions and especially that publish content covering insurgent groups terrorizing villagers, and or even giving an interview to leaders of insurgence groups which often attracts serious clampdown (Debos, 2016). This book has shown that there are regional trends that exist in Africa when one looks at tabloid journalism and press freedom in the continent. For instance, a careful analysis show that even though all constitutions have laws that provide for press freedom, and some few countries even go as far as providing laws that allow access to information and the protection of the sources, in practice however, many tabloid journalists and tabloid newspapers continue to struggle with the enjoyment of this press freedom protection. Furthermore, there are just so many other laws in the same constitutions which make it difficult to enjoy this freedom in practice. Even for tabloid journalists that are courageous enough to hold their leaders accountable and expose unethical and illegal behaviour, many risk their freedom and end up in prison. The fact that the laws are often vague, it becomes difficult for many tabloid journalists to know the boundaries, and on how far one can go to criticize the government and the ruling authorities (Waldorf, 2007). This does not mean there are no press freedom enjoyment and tabloid journalism practice positives taking place in Africa. There are however some countries that have amended their constitutions and reformed their laws, while others are in the process of doing so, but these countries are very few in comparison and often tend to shut down this window of

7  THE FINAL WORD 

171

opportunity by further enacting other draconian laws on regular basis. For example, there are some countries that recently decriminalized defamation and removed the prison time with also reductions in fines only to criminalize it few months later. Moreover, there are also developments in access to information laws which many countries continue to implement but they are very few and many lack the legal guidelines that compel authorities to release information once requested. Even when information is requested, authorities refuse to release citing national security laws. Furthermore, even in the area of information communication technologies, there is an increasing number of many countries that allow citizens to access online content, but many of the emerging draconian legal restrictions have no clear guidelines to the media that use online platforms. Indeed, the fight for press freedom in Africa not only by the tabloid journalists and their tabloid newspapers is not far from over and continue to become more complex. However, with more true leadership that serves the public interest, and that see the media in general as important partners to democracy and development, and with journalists that serve the public interest and that support genuine and authentic leadership, this freedom will be realized one day.

Bibliography Adah, C. (2000). The Nigerian law of evidence. Lagos: Malthouse Press. Banda, F. (2010). Citizen journalism and democracy in Africa. Grahamstown, South Africa: Highway Africa. Baum, A., & Zhukov, M. (2015). Filtering revolution: Reporting bias in international newspaper coverage in the Libyan civil war. Journal of Peace Research, 1(17), 64–90. Bouchaib, A. (2019). Algeria: There is no political reform without freedom of expression and media. London: Open Democracy. Chapatula, H., & Majawa, P. (2013). Use of social media network sites my mass media organisations in Malawi. Aslib Proceedings, 65(5), 534–557. Debos, A. (2016). Living by the gun in Chad: Combatants, impunity and state formation. London: Zed Books. Eribo, F., & Jong-Ebot, W. (1997). Press freedom and communication in Africa. Trenton: Africa World Press. Errazouki, S. (2017). Under watchful eyes: Internet surveillance and citizen media in Morocco, the case of Mamakinch. The Journal of North African Studies, 22(3), 361–385.

172 

B. CHAMA

Ewumbue-Monono, C. (1992). Right to inform and the 1990 Press Law in Cameroon. Africa Media Review, 6(3), 19–29. Frère, M. (2007). The media and conflicts in Central Africa. London: Lynne Rienner Publishers. Frère, M. (2009). After the hate media: Regulation in the DRC, Burundi and Rwanda. Global Media and Communication, 5, 327–352. Frere, M. (2014). Online forums: How the voices of readers are reshaping the sphere of public debate in Burkina Faso. In H.  Mabweazara, O.  Mudhai, & J. Whittaker (Eds.), Online journalism in Africa: Trends, practices and emerging cultures (pp. 237–257). New York: Routledge. Frere, M. (2015). Francophone Africa: The rise of ‘pluralist authoritarian’ media system? African Journalism Studies, 3(1), 103–112. Gueye, I. (2006). Media under control: Freedom and responsibility of journalists in Senegal. Paris: L’Harmattan Publishing. Jotia, A. (2018). The role of social media in freeing Botswana from state control of the media. Journal of Contemporary African Studies, 38(2), 264–278. Karolides, N., & Green, J. (2005). Senegal: Encyclopedia of censorship. New York: Facts on File Publishing. Khamis, S., & Vaughin, K. (2014). Online citizen journalism and political transformation in the Tunisian and Egyptian revolutions: A critical analysis. In H.  Mabweazara, O.  Mudhai, & J.  Whittaker (Eds.), Online journalism in Africa: Trends, practices and emerging cultures (pp.  156–171). New  York: Routledge. Kihara, P., & Njeri, J. (2016). Africa cracks down on social media. Retrieved from https://www.bbc.com/news/world-africa-37300272 Kolajo, A. (2002). A layman’s guide to criminal law and anti-corruption law. Ibadan: Spectrum Books. Lynch, M. (2012). The Arab uprising: The unfinished revolutions of the new Middle East. New York: Public Affairs. Makinen, M., & Kuira, M. (2008). Social media and postelection crisis in Kenya. The International Journal of Press/Politics, 13(3), 328–335. Malu, L. (2016). Media law and policy in Nigeria. Lagos: Malthouse Press. Mano, W. (2005). Press freedom, professionalism and proprietorship: Behind the Zimbabwean media divide. Westminster Papers in Communication and Culture, Special Issue, 2, 56–70. Mare, A. (2013). A complicated but symbolic affair: The relationship between mainstream media and social media in the coverage of social protests in southern Africa. Ecquid Novi: African Journalism Studies, 34(1), 83–98. Mathurine, J. (2004). SADC media law: A handbook for media practitioners (Vol. 2). Johannesburg: Konrad Adenauer Stiftung Media Programme. Maziya, V. (2003). Swazi media a bridge over troubled waters: Journalistic views on restrictive media laws. In T.  Khumalo (Ed.), Restrictive media laws in Swaziland (pp. 86–107). Mbabane, Swaziland: MISA.

7  THE FINAL WORD 

173

Miral, A. (2018). The conflict between journalism and constitution of 2014  in Egypt. Global Media Journal, 16, 31. Moyo, L. (2011). Blogging down a dictatorship: Human rights, citizen journalism and the right to communicate in Zimbabwe. Journalism: Theory, Practice & Criticism, 12(6), 745–760. Ngangum, P. (2019). The National Communication Council: Opportunity or constraint for press freedom and freedom of expression in Cameroon? African Journalism Studies, 41(1), 1–6. Ogbondah, C. (1997). Freedom of the press freedom and political development in Africa. African Media Review, 8, 1–39. Oloyede, I. (2005). Press freedom: A conceptual analysis. The Journal of Social Science, 11(2), 101–109. Puddington, A. (2008). Freedom in the world 2008: The annual survey of political rights and civil liberties. London: Freedom House. Shaat, M. (2015). Media law in Egypt and the universal principles of freedom of expression. Arab Media & Society, Issue, 21. Cairo: The American University Press. Siapera, E., & Veglis, A. (2012). The handbook of global online journalism. Hoboken, NJ: John Wiley & Sons. Simon, C. (2011). Media and the Arab uprisings of 2011. Journalism, 12(1), 647–659. Skjerdal, T. (2014). Online journalism under pressure: An Ethiopian account. In H.  Mabweazara, O.  Mudhai, & J.  Whittaker (Eds.), Online journalism in Africa: Trends, practices and emerging cultures (pp.  89–103). New  York: Routledge. Toupin, S. (2019). Hacking in’ Wikipedia zero Angola. Canadian Journal of Communication, 44(3), 351–359. Tozzo, E. (2005). The reform of public media in West Africa. African Policy, 1(97), 99–115. Tsandzana, D. (2018). Urban youth and social networks in Mozambique: The political participation of the helpless connected. Comunicacao e Sociedade, 34, 251–265. Voorhoeve, M. (2018). Law and social change in Tunisia. Oxford Journal of Law & Religion, 7(3), 479–497. Waldorf, L. (2007). Censorship and propaganda in post-genocide Rwanda. In Media & the Rwanda genocide (pp. 404–416). London, UK: Pluto Press. Webb, E. (2012). Holding back the flood: Regimes of censorship in the Middle East and North Africa in comparative. Global Media Journal, 2(1), 1–29. Yakubu, A. (1999). Press law in Nigeria. Lagos: Malthouse Press.

Author Index

A Adah, C., 85, 163 Agbese, O., 24 Ahiabenu, K., 106 Akinfemisoye-Adejare, M., 25–27 Akoh, B., 106 Akpabio, E., 42 Al-Asfar, M., 63, 73, 75 Allam, R., 67–69 Alobwede, E., 134, 143, 144 Anderson, J., 97 Arthur, S., 124 Aseres, A., 127 Audenhove, L., 144, 145 Awatar, D., 45 Awoudo, F., 89 B Bakibinga, D., 113, 114 Balule, B., 41 Banda, F., 7, 17, 24, 35, 157 Barratt, E., 21, 88, 95 Barry, M., 103 Barry, T., 124, 125

Bau, V., 105 Baum, A., 74, 161, 162 Bebawi, S., 25 Behmer, M., 10, 11 Belete, S., 126, 127 Benchenna, A., 69, 71 Berger, G., 8, 21, 35, 38, 56, 57, 59–61, 83, 87, 88, 95, 97, 98, 115, 126, 135, 136 Bhila, T., 44 Biel, R., 148 Bizimana, A., 123 Bizimana, S., 122, 123 Borges-Rey, E., 25 Bouchaib, A., 13, 17, 58, 62, 65, 66, 161, 162 Bouquest, C., 92 Bujitu, D., 137, 138 C Campbell, J., 89, 92 Chama, B., 1, 3, 10, 15, 23, 33–37 Chan-Meetoo, C., 46 Chapatula, H., 49, 159

© The Author(s) 2020 B. Chama, Tabloid Journalism and Press Freedom in Africa, https://doi.org/10.1007/978-3-030-48868-0

175

176 

AUTHOR INDEX

Chari, T., 40, 51 Charles, M., 115, 116 Chipeta, B., 113, 114 Chonka, P., 17, 20, 127, 128, 150, 151 Choulkha, L., 78 Cole, B., 104 Colombo, S., 58, 76–78 Cruikshank, A., 120 D Daly, W., 148, 149 Davey, R., 48 Debly, T., 49 Debos, A., 139, 170 Decalo, S., 89, 90, 101 Deddeh, S., 96, 97 Dejene, M., 127 Doctors, S., 34 Donald, B., 147 E Elareshi, M., 73, 74 Emile, S., 140 Eribo, F., 86, 111, 163, 165–167 Errazouki, S., 55, 56, 61, 70, 157, 169 Ewumbue-Monono, C., 163, 164, 167 F Fahmy, N., 56 Falola, T., 89–92, 95–97, 115, 116, 138–140 Farmanfarmaian, R., 57, 76, 77 Feltoe, G., 112–114 Ferriere, A., 78 Fiedler, A., 17, 119 Fliess, M., 10, 94

Fombad, C., 140, 141, 143–145, 148–150, 152 Foster, N., 14, 99, 100 Frere, M., 14, 90, 91, 100, 101, 121–123, 134, 139–142, 147, 156, 157, 165, 170 G Garbaya, S., 75, 76 Gebeye, B., 126, 127 Gray, J., 48 Green, J., 103, 120, 133, 142, 163, 169 Gueye, I., 103, 163, 164 Gunde, A., 49 Gwagwa, A., 43 H Hansen, S., 127 Harsch, E., 90–92 Hasty, J., 20, 95 Hilary, L., 93, 94 Hoffmann, K., 141 Höhne, M., 128 Houngnikpo, M., 89, 90 Hughes, A., 93 Hyde-Clarke, N., 39 Hyeden, G., 135, 137, 138 I Ibahrine, M., 64, 72 Idrissa, A., 101 J Jawad, R., 72 Jean-Jacques, D., 89–92, 95–97, 115, 116, 138–140 Jong-Ebot, W., 86, 111, 163, 165–167 Jotia, A., 34, 42, 159, 168

  AUTHOR INDEX 

K Kadoussi, A., 70–72 Kamatali, J., 120 Kamilindi, T., 111, 120 Kane, O., 123 Karikari, K., 12, 19, 21, 88, 89, 94, 136 Karolides, N., 103, 120, 133, 142, 163, 169 Kasenally, K., 45 Kasenally, R., 46 Kasoma, F., 4, 9, 10, 19 Kewir, K., 140 Khamis, S., 7, 18, 76, 158, 169 Khan, A., 104 Khondker, H., 73 Kihara, P., 36, 39, 40, 44, 157, 168 Knez, I., 45 Kolajo, A., 85, 102, 112, 114, 163, 164, 167 Koroloso, N., 44 Kperogi, F., 87, 102 Ksikes, D., 69 Kuira, M., 164, 165, 169 L Lamoureaux, S., 151 Laudati, A., 142 Lesitaokana, W., 42 Leslie, M., 135 Limb, P., 49, 50 Limpitlaw, J., 112–114, 116, 118, 120, 122, 125, 126 Lister, G., 46, 47 Lomazz, V., 71 Lombard, L., 140 Louw, R., 42, 136 Lukungula, V., 133, 141, 142 Lynch, M., 57, 160, 162, 168

177

M Mabweazara, H., 1, 18, 35, 36, 39, 51 Macedo, S., 139 Macoo, I., 137 Mahé, A., 150–152 Majawa, P., 49, 159 Makinen, M., 164, 165, 169 Malu, L., 83, 86, 101, 102, 164 Mambi, A., 115, 116 Mano, W., 18, 20, 21, 155 Marchetti, D., 69 Mare, A., 35, 38, 158 Martin, M., 13, 99 Maryann, E., 117 Masuku, B., 49, 50 Mathurine, J., 11, 155, 156, 165, 166 Mavhungu, J., 39 May, R., 16, 44, 49, 69, 70, 73–75, 89, 92, 93, 95, 100, 105, 117, 119, 123, 124, 126, 127, 139, 144, 149, 150 Maziya, V., 49, 159 M’bayo, R., 105 Mbeke, P., 117 Mchakulu, J., 48, 49 McIntyre, K., 21, 22, 121 McNair, B., 18, 20 Meyen, M., 17, 119 Meyer, A., 141 Miral, A., 57, 60, 61, 63, 66, 68, 160–162 Mochaba, K., 137 Moore, C., 73–75 Morris, L., 72 Mower, J., 136 Moyo, D., 5, 13 Moyo, L., 6, 26, 27, 36, 40, 159 Mudhai, O., 1, 5, 6, 19, 111 Muindi, B., 117 Mukurunge, T., 44

178 

AUTHOR INDEX

Muller, T., 124 Muneri, T., 25–27 Murthy, C., 16, 125 Mushanga, T., 112, 114, 118, 138, 143 Mutsvairo, B., 25–27, 34, 39, 51 Mwilima, F., 46 N Namusoke, E., 16, 17, 22, 119 Ndangam, L., 24 Nduhura, D., 26, 27 Ngaira, W., 135, 136, 138 Ngolet, F., 145 Njeri, J., 36, 39, 40, 44, 157, 168 Nyenti, A., 134, 143, 144 Nyoni, M., 115, 116 O Obuya, J., 117 Ochilo, O., 13, 23 Ocitti, J., 4, 6, 87 Ogbazghi, P., 126 Ogbondah, C., 14, 15, 21, 86, 88, 133 Ogundim, F., 135 Oloyede, I., 7–9, 12, 86, 156 Olukoshi, A., 21 Ong’ondo, C., 117 Ongowo, J., 4, 19, 116–118 Osei, A., 105, 106 Osia, K., 24 P Pack, J., 74 Pazzanita, A., 99 Perret, T., 98 Perrin, A., 105

Peter, R., 85, 87 Peterson, C., 34 Phiri, I., 13, 19, 22 Pratt, B., 25 Puddington, A., 63, 160–162, 166 R Radsch, C., 67–69 Rafinetti, C., 137 Rambaree, K., 45 Rambaud, B., 105 Robertson, G., 45, 46 Rodny-Gumede, Y., 39 Rolandsen, H., 148, 149 Rooney, R., 41, 42, 49–51 Rotberg, R., 128 Rugh, A., 64 S Salawu, A., 127 Salgado, S., 14, 35, 38, 40, 96, 146, 147 Sandeen, R., 10, 94 Sarnelli, V., 71 Schamberger, K., 17, 119 Shaat, M., 59–61, 63, 67, 68, 160, 162, 166 Siapera, E., 95, 146, 147, 156 Simon, C., 58, 72, 75, 160, 162 Siraj, S., 93, 94 Skjerdal, T., 5, 8, 16, 111, 126, 155, 158 Sobel, M., 21, 22, 121 Soderlund, E., 147 Spadola, E., 64, 75 Stremlau, L., 112–114 Sturmer, M., 115 Sureau, T., 151

  AUTHOR INDEX 

T Tayebi, H., 60, 70, 72 Terry, P., 73 Thompson, A., 121 Tibatemwa-Ekirikubinza, L., 113, 114, 118 Tobi, J., 84, 87 Toupin, S., 41, 159 Tozzo, E., 92, 98, 102, 164 Tsandzana, D., 38, 158 Turner, S., 122, 123 Tutwane, L., 41 U Uvieghara, E., 85, 87 V Vandewalle, D., 74 Vaughin, K., 7, 18, 76, 158, 169 Veglis, A., 95, 146, 147, 156 Verhoeven, H., 127 Verweijen, J., 141 Voorhoeve, M., 59, 60, 62, 77, 78, 160–164, 166, 168

W Wagner, B., 12, 59, 77 Wahl-Jorgensen, K., 104 Waldorf, L., 165, 170 Walid, E., 76–78 Walter, C., 147–149 Waritay, L., 96 Wasserman, H., 3, 33, 35, 38 Webb, E., 56, 62, 65, 160, 162 Weldehaimanot, S., 125 White, J., 137 Whittaker, J., 1 Wiseman, A., 93 Wollenberg, A., 74 Y Yakubu, A., 84, 86–88, 169 Z Zaghlami, L., 65, 66 Zaid, B., 16, 20, 58, 70, 72 Zeid, D., 17, 68, 69 Zhukov, M., 74, 161, 162 Ziani, A., 73–75 Zodzi, J., 105

179

Subject Index

A Access to information laws in Africa, 12, 46, 140, 155, 156, 171 C Citizen journalism, 7 Citizen journalism and democracy in Africa, 7 D Data tabloid journalism, 25, 26 Defamation law on tabloids in Western Africa, 83–107 F False news and tabloids in East Africa, 28, 111–129 Freedom of expression, 6, 24, 34, 36, 39–42, 62, 64, 74, 76, 86, 158

I Internet World Stats., 40, 44, 48, 50 J Journalism and democracy in Africa, 7 M Measuring press freedom, 9–12, 156 Media and democracy in Africa, 12, 36 N National security laws, 27, 46, 51, 55–79, 128, 145, 148, 161–163, 168, 169, 171 P Popular culture in Africa, 2 Press and emerging cyberspace laws, 27, 40

© The Author(s) 2020 B. Chama, Tabloid Journalism and Press Freedom in Africa, https://doi.org/10.1007/978-3-030-48868-0

181

182 

SUBJECT INDEX

Press and newsroom politics, 18 Press and political culture in Africa, 18 Press and politics in Africa, 21–25 Press freedom and professionalism, 18, 21 Press freedom and responsibility of journalists in Africa, 68 Press freedom in Africa, 1–28, 38, 152, 155, 168, 171 Press freedom in Africa challenges, 27 Press, power and politics, 6 Print journalism in Africa, 35 Public order laws, 46, 55–79, 160–161

S Sedition and press laws, 133, 140 Sedition and treason laws on tabloids in Central Africa, 28, 129, 133–152, 167 Social media and press freedom, 6, 8 T Tabloid journalism, 1–28, 33–51, 56, 61–64, 72, 75, 76, 78, 83, 84, 87–89, 102, 111, 112, 116, 121, 123, 126, 134–136, 140, 155–157, 168, 170 Tabloid journalism in Africa, 1–28 Tabloids in North Africa, 27, 51, 55–79 Tabloids in Southern Africa, 26, 27, 33–51 Treason and press laws, 133, 140, 166

African Countries Index

A Algeria, 13, 56, 57, 64, 65 Angola, 34, 40 B Benin, 83, 89, 102 Botswana, 34, 41 Burkina Faso, 83, 90 Burundi, 111, 122 C Cameroon, 24, 134, 142 Central African Republic, 134 Chad, 134, 138, 141 Côte d’Ivoire, 83 D Democratic Republic of Congo, 134, 141 Djibouti, 21, 111, 123, 124

E Egypt, 16, 56, 57, 66, 79, 146, 168 Equatorial Guinea, 14, 134, 145, 146 Eritrea, 21, 111, 125, 126 Ethiopia, 15, 111, 126 G Gabon, 134, 144, 145 Gambia, 4, 83, 93 Ghana, 5, 20, 83, 94 Guinea-Bissau, 83, 95 K Kenya, 5, 8, 20, 111, 116, 127 L Lesotho, 34, 42 Liberia, 83, 96 Libya, 56, 72–75, 79

© The Author(s) 2020 B. Chama, Tabloid Journalism and Press Freedom in Africa, https://doi.org/10.1007/978-3-030-48868-0

183

184 

AFRICAN COUNTRIES INDEX

M Madagascar, 34, 44 Mali, 10, 83, 97 Mauritania, 14, 83, 98 Mauritius, 34, 44 Morocco, 16, 56, 69, 70, 79, 169 Mozambique, 34, 35, 37

Somalia, 16, 111, 127 South Africa, 1, 5, 8, 34, 35, 38, 50 South Sudan, 134, 147 Sudan, 134, 139, 149 Swaziland, 34, 49

N Namibia, 34, 46 Niger, 14, 83, 100 Nigeria, 8, 15, 83, 101

T Tanzania, 111, 114 Togo, 83, 105 Tunisia, 16, 17, 56, 57, 75, 146

R Rwanda, 14, 21, 111, 120, 142

U Uganda, 111, 118, 121

S Senegal, 5, 83, 102 Sierra Leone, 13, 83, 104

Z Zambia, 5, 13, 34–37 Zimbabwe, 34, 35, 39, 48