KENYA: IPI calls on government to repeal criminal defamation laws

IFEX - News from the international freedom of expression community
> _________________________________________________________________
>
> ACTION ALERT - KENYA
>
> 24 July 2002
>
> IPI calls on government to repeal criminal defamation laws
>
> SOURCE: International Press Institute (IPI), Vienna
>
> **For further information on the repeal of criminal libel and sedition
laws
> in Ghana, see IFEX alerts of 31 and 26 July and 18 June 2001; for
> information on the repeal of Sri Lanka's defamation laws, see alerts of 20
> June and 25 April 2002**
>
> (IPI/IFEX) - The following is an IPI letter to Kenyan President Daniel
arap
> Moi:
>
> His Excellency Daniel arap Moi
> President of the Republic of Kenya
> Harambee House
> Nairobi
> Kenya
>
> Fax: 00 254 2 211 660
>
> Vienna, 24 July 2002
>
> Your Excellency,
>
> The International Press Institute (IPI), the global network of editors,
> leading journalists and media executives is writing to express its support
> for the statement by the Kenyan Union of Journalists (KUJ) that the
offence
> of criminal libel should be abolished under the new Kenyan constitution.
>
> According to an article posted on allAfrica.com, dated 17 July, the KUJ
told
> the Constitution of Kenya Review Commission (CKRC), that the laws of
> contempt and criminal libel are "anachronistic and serve no useful purpose
> in a constitutional democracy". In the same presentation, the journalists'
> organization said, "Freedom of expression is rendered a big mockery so
long
> as the government can ban publications it finds offensive without
reference
> to the courts of law".
>
> After calling for a review of the Kenyan Official Secrets Act, the
> organization encouraged the CKRC to ensure that press freedom is
entrenched
> within Kenyan society in the new constitution. The union urged CKRC to
make
> a provision for the protection of journalists' rights and privileges,
> including the confidentiality of news sources and protection against
> liability for any act or omission done in good faith and with due
diligence.
> Furthermore, the constitution should contain the expressed right of
> individuals to "seek, receive and impart information" in accordance with
> Article 19 of the United Nations Universal Declaration of Human Rights.
With
> this in mind, parliament should be prevented from enacting any law that
> compromises freedom of the media.
>
> At a time when countries such as Ghana and Sri Lanka have agreed to
abolish
> their criminal defamation laws, IPI asserts its whole hearted support for
> the presentation of the KUJ and invites the Kenyan government to remove
> these outdated laws.
>
> In July 2001, the laws of criminal libel and sedition were repealed in
> Ghana. The decision removed a law used to arrest, try and imprison
> journalists for allegedly defaming members of the government. On 18 June
> 2002, members of parliament unanimously voted to repeal Sri Lanka's
> defamation laws. Kept on the statute books when Sri Lanka became
> independent, the laws have been used to intimidate the media during times
of
> crisis.
>
> The existence of criminal defamation laws result in the unfair
> stigmatisation of journalists attempting to carry out their professional
> duties, and furthermore encourages self censorship to avoid the threat of
> imprisonment. Criminal defamation laws hamper the press in its vital task
of
> informing the public. IPI believes civil defamation laws and press
> complaints procedures offer a viable alternative.
>
> Therefore, IPI calls upon Your Excellency to repeal the criminal
defamation
> laws. By doing so you will be working towards greater press freedom and
> promoting democracy in Kenya.
>
> We thank you for your attention.
>
> Yours sincerely,
>
> Johann P. Fritz
> Director
>
> RECOMMENDED ACTION:
>
> Similar appeals can be sent to:
>
> His Excellency Daniel arap Moi
> President of the Republic of Kenya
> Harambee House
> Nairobi, Kenya
> Fax: +254 2 211 660
>
> Please copy appeals to the source if possible.
>
> For further information, contact IPI at Spiegelgasse 2, A-1010 Vienna,
> Austria, tel: +43 1 512 90 11, fax: +43 1 512 90 14, e-mail: Michael
Kudlak
> at [email protected], Barbara Trionfi at [email protected], or David
> Dadge at [email protected], Internet site: www.freemedia.at
>
> The information contained in this action alert is the sole responsibility
of
> IPI. In citing this material for broadcast or publication, please credit
> IPI.
> _________________________________________________________________
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