A story is told of Alexander von Humboldt, a German baron renowned as a naturalist, explorer and philosopher and a friend of President Jefferson. On one of his many visits to the White House he was taken into the Cabinet to wait for Jefferson.
“As he sat by the table, among the newspapers that were scattered about, he perceived one that was always filled with the most virulent abuse of Mr. Jefferson, calumnies the most offensive, personal as well as political. “Why are these libels allowed?” asked the Baron taking up the paper, ‘why is not this libelous journal suppressed, or its Editor at least, fined and imprisoned?’ Mr. Jefferson smiled, saying, ‘Put that paper in your pocket Baron, and should you hear the reality of our liberty, the freedom of our press, questioned, show this paper, and tell where you found it.’ “
This action of Jefferson is statesmanship, the true appreciation of the price politicians have to pay, and should pay, for holding public office and public trust. When one becomes a leader, a political leader, a holder of public office or trust, one loses, to a greater extent, that privacy in the political and social domains; one is no longer a ‘private’ citizen.
The leader’s actions and words, political relationships and private life which is linked to his or her public state, acts of omission and commission, come into the public domain, become subject of public discourse, are up for public scrutiny, criticisms, speculations, approval and disapproval. It is a very ‘hefty’ price but that is what a public leader pays for in return for all the privileges, powers, authority, security and perks the public has given up for him.
But much more, it shows the importance of the Press as often the last bastion of liberty, the sentinel that stands guard when all else is crumbling, when all else give way to tyranny, despotism, suppression and corruption. Wasn’t it Jefferson who said if he were to choose between a Government without newspapers and newspapers without Government he would choose the latter. That is how important newspapers or the media.
Thus, the suing of Kerr Fatou media house by the former Minister of Agriculture, Hon. Omar Jallow, for an article he considered libellous, an aspersion on his character and honour, threatens the important role that the media plays and is expected to play in New Gambia. Not that Hon. Jallow does not have the right to sue, to redeem his dignity and name, but that his legal suit, successful or not, would undermine the freedom of the Press.
As a public figure, a political leader and a former Minister of State, Hon. Jallow’s actions and statements will always be subject to public scrutiny and criticism and be of media interest and investigation. That is the price he is to pay for being a holder of public trust. Our interests in the actions and lives of private citizens are often very limited, if not non-existent.
While the name and honour of holders of public trusts, politicians and public figures are very important to protect, the greater interests of society, people’s right to know how they are governed and how and what decisions are made in their name and the overall role of the press or media in the strengthening of democracy and good governance far outweigh theirs.
If democracy, human rights and good governance are to be of value, and we grow in dignity and value as citizens, then the media must have the right or moral duty to scrutinise both the motives and character of governmental acts of commission and omission. To oppose such a role of the media, because one regards an article libellous, would be a threat to media freedom, to our democracy and the greater interest of society.
While the courts remain an avenue for whoever feels aggrieved by the words, written or spoken, of another individual or the press, our holders of public trust and public figures should be reminded of their greater role and responsibility to society and in the maturing of our democracy. They have the public space and other media to debunk the allegation or false information, to chastise, to set the records straight, to open the books, to make all information available to the public and whoever cares to know. People are better governed by truth and reason and for democracy to better succeed all avenues that lead to the discovery of truth must be left open.
As we are journeying to democracy, driven on the wheels of good governance, accountability, transparency and respect for human rights, it is about time we re-examined and re-evaluated our attitude to the Press, our collective phobia to its imagined destructive ability. Our society cannot be frozen or anesthetised to the point where we have to accept as gospel truth whatever our political leaders tell us. Too much change is taking place too quickly in this era, and the press is better able than any other institution to reflect the pressure points, to show where the pain is being felt and explain what must be done to relieve it.
As a courageous and outspoken politician himself, Hon. Jallow should know that democracy strives in soils where press freedom is guaranteed and safeguarded and where people fearlessly, freely and faithfully express their views to further the exchange of opinions and the enlightenment of the public. A free press thus serve as a catalyst for democratic change, the vigilant conscience-keeper of the nation, the unflagging watchdog of the citizenry. With the freedom of the press, all other guarantees of freedom would prove meaningless, toothless, mere paper guarantees.
I hope that Hon. Jallow would reconsider his suit and drop it eventually for both the public good and in the interest of media freedom. As the democrat he is, he should be the fiercest defender of the freedom of the press. As Chon Secka said ‘lu whye de wuyour def kor nuroo’ (one has to be how he is called). ‘Censure is the tax a man pays to the public for being eminent’ Pope.
To the members of the press, please note these words of Tatiana Repkova in her book “New Times, Making A Professional Newspaper in an Emerging Democracy”writes: “An independent newspaper (media) is an honest broker for information for its readers without deliberate bias or favouritism. An independent newspaper (media) considers its independence its most valuable commercial, editorial and moral asset. It guards its independence so that it can speak at all times to all members of its audience. It maintains its independence through thoroughly professional behaviour, whose principles it makes known to all its employees (policy) and to any readers or commercial customers who wish to know them. An independent newspaper (media) does not base its professional decisions on the narrow economic or political interests of any single entity, including itself.”
How does the former minister’s right to sue Kerr Fatou Show undermine “Press Freedom”? The author does not really say at all. To sue a person or entity is following democratic principles. That is one of the reasons the courts exist. The former minister did not threatened any harm to the Kerr Fatou Show, which would have been undemocratic. The arguments set forth by the author demonstrate a lack of clear understanding of rights and freedom in a democratic society. The media and press, though very important in a democratic society, do not have more free speech rights than an individual. This is a mistake often made by a majority of Gambian writers. The defamation laws are in the books for a reason. I am against criminalizing defamation, but suing when a person believes he or she has been defamed, that is how it is supposed to be. Gambia have laws that criminalizes defamation and as far as I know, I am not aware that the former minister is suing the Kerr Fatou Show criminally. The author’s suggested remedy for the former minister is a bad one to say the least. The arguments set forth by the author are confusing and show lack of understanding. Have a happy Sabbath everyone. God bless you all.
I don’t quite get it either; I mean, how OJ’s pursuit of his rights to seek justice and clear his name undermine a free press. Can’t make that out.
Free Press cannot surely mean a free pass to say/write anything about anyone.
I haven’t watched this particular Kerr Fatou Show, but OJ must feel that his name has been unjustly tarnished for him to resort to a court action. Surely, he has that RIGHT in a democracy!!!
It’s now up to Kerr Fatou to back their publication with evidence or face the consequences. Free Press goes with responsibilities and I think to suggest that they (the press) should not be taken to task for what they publish is a misunderstanding of the concept.
I meant to say Gambia have laws that criminalize and not “criminalizes.”
The Vice- President, Mr. Darboe, was on GRTS’s Checkpoint and he was asked about some comments Amin Was Juwara made. Very interesting indeed. Please check it out if you can. It is on YouTube. One to keep in mind is whether the VP was answering the questions the host asked him. Judge for yourself.
I watched it. I thought he was unfair to Juwara, when he (Darboe) tried to dismiss his (Juwara’s) contribution to the UDP.
Whatever his mistakes, I don’t think the UDP Juwara was what Darboe wants people to see today.
The word, undermine, that Njundu employed in his writing may not have been the best choice of a word but I do agree with Njundu that OJ’s lawsuit against Kerr Fatou does serve to STIFLE press freedom in The Gambia just as Yaya Jammeh’s onerous laws and barriers to entry that were churned out by his rubber stamp legislature in the attempt to muzzle the press.
In my book, OJ is innocent until proven guilty but being someone that was mentored by Sir Dawda Jawara, he should have learned a good trait or two from the elder statesman. OJ’s lawsuit appears to be an attempt at damage control and also practicing the very tactics that he fought against during the APRC era. What amounted to terror tactics targeting the press under Yaya Jammeh.
OJ may have brought this suit in the belief that media houses and practitioners must be held accountable for what they publish but he is also being reminded that he is held to similar standards that hold public officials, especially those that hold the benefit of prior tenure as Minister of State, to account. Filing a Twenty Million Dalasi lawsuit together with a Million Dalasi claim for damages is in my book aimed at sending a shiver down the spine of what OJ may perceive as small fry. It may also bear a semblance of an attempt at coercing a media house into kow-towing to a nasty politician.
Could this be a case of a drowning person grasping at straws to save himself? OJ’s primary task at this point should be working to prove himself clean and not put up the grand dog and pony show in furtherance of a case that may not be as cut and dried as he’s wont to believe. Here’s an OJ, the showboat, that has every right to seek recourse through the courts but is not showing Gambians that have been around for a while that he has important lessons on character to share with young Gambians. So OJ suddenly has a Million Dalasi to spare for legal fees when a little over a year ago, he’s been going hat in hand seeking donations/alms from Gambians in the diaspora? By the way Kerr Fatou, remember that you also have recourse to investigative journalism to buttress your case! Where there’s DINDING SILANDI RANGO, there’s equally a KEBAA SILANDI RANGO (Manding).
If I was in Kerr Fatou’s shoes, I’d retort with, SEE YOU IN COURT OJ!!
The only worry on my mind being that GOOD and HONEST legal help is in REAL SHORT SUPPLY in The Gambia today!!
The good thing is that the Gambian community is listening attentively in the hope that the adage, where there’s smoke, there’s fire, may just hold true in support of Kerr Fatou’s report!! There was once a fellow called Assan Ticks Manneh that the establishment wouldn’t touch with a long pole. Boy, was he on to something that OJ may very well remember.
All rights big or small must be protected at any cost. All Gambians have a right to seek remedy when wronged. Same for OJ, same for journalists. Wherever the chips fall so be it, one thing is clear, it is good for our democracy. No Gambian should be afraid to use any legal means necessary to reveal the truth and restore his or her good name. Freedom of speech is not absolute, people must always be prepared to take responsibility for their utterances.
Sister Sarr, you said it better than I could and with the fewer words too!
Andrew, as you stated, OJ is innocent until proven guilty. What exactly is he doing wrong by going through the legal system? Isn’t that what people in a democracy are supposed to do? You seem to be a good reader of OJ’s mind. Well I am not. What I said goes no further than what the author of the article wrote. To say a lawsuit is trying to stifle press freedom is a big leap. The media in The Gambia is more than the Kerr Fatou show, the last time I checked. And what is “press freedom”? Does it have limits” if it does, what is/are the limit(s)? Honestly, there is a lot you are not aware of. I suggest you to do a little research. Do you really know what OJ has to prove in order to win? Do you know what defense(s) Kerr Fatou can use in order to successfully defend against the suit? By the way, you did not answer the questions I asked you earlier on my commentary on former president Mbeki.
Someone on this forum mentioned that Njundu doesn’t respond to commentary on his articles. And for good reason too!
There’s no winning in the service to our nation.
Whether Njundu response to peoples’ commentary on what he writes is up to him. I mean he does not have to respond to anyone. However, that does not mean we cannot comment on what he writes. He can defend himself if he believeS someone mischaracterizes what he writes. I asked you about what you said and not Njundu. You insinuated something, and I asked for clarification because what I wrote and your commentary on that was not clear.
Samba I neither afford an opportunity for a sparing match nor do I engage exercises in trivia.
I taught college for years during which time I figured out how to disarm wayward students.
My exchanges with one Mr Darboe were spurred by a core belief that religious intolerance and bigotry must be fought at all cost. Being an alumnus if Saint Augustine’s High School also serves, in no small measure, to reinforce that belief!
Andy, you wrote something and I asked for clarification. Of course, you can term that however you want. You write so that people can read what you write or else what is the use of writing on this forum. You said somethings about the OJ case which are completely baseless. If you believe OJ has a right to sue when he believes he has been wronged, then wish him good luck. Civilized societies create courts so that we do not take matters into our own hands. What would have happened during Jammeh’s time if Kerr Fatou had reported similar things on one of Jammeh’s ministers? In fact, Kerr Fatou would not have existed to report anyway. Now we are at a time when media entities can report and that is a good thing but that also invites law suits. The correct question Njundu should have raised is whether OJ’s case is winnable? Njundu set forth arguments that are baseless to put it mildly and you got into telling us what is going on in OJ’s mind. How in the world do you know that? OJ is not going to win his case because he is OJ. He has to prove some things.
Here some of the things you said:
“Filing a Twenty Million Dalasi lawsuit together with a Million Dalasi claim for damages is in my book aimed at sending a shiver down the spine of what OJ may perceive as small fry.”
” It may also bear a semblance of an attempt at coercing a media house into kow-towing to a nasty politician.”
“Could this be a case of a drowning person grasping at straws to save himself?”
“OJ’s primary task at this point should be working to prove himself clean and not put up the grand dog and pony show in furtherance of a case that may not be as cut and dried as he’s wont to believe. ”
Here’s an OJ, the showboat, that has every right to seek recourse through the courts but is not showing Gambians that have been around for a while that he has important lessons on character to share with young Gambians.”
” So OJ suddenly has a Million Dalasi to spare for legal fees when a little over a year ago, he’s been going hat in hand seeking donations/alms from Gambians in the diaspora? ”
“By the way Kerr Fatou, remember that you also have recourse to investigative journalism to buttress your case! Where there’s DINDING SILANDI RANGO, there’s equally a KEBAA SILANDI RANGO (Manding).”
What does all these have to do with OJ suing because he believes his reputation has been injured? Everything you said don’t mean a thing if this suit goes to court. If and when the facts come to light, it will be clear whether OJ has been wronged or not. If he was been wronged, then Kerr Fatou will pay damages based on the facts and not what OJ believes he deserves. And if OJ cannot prove that he has been wronged, he gets absolutely nothing. May be you have something against OJ and that’s between the two of you.
Let me leave you with this, if Kerr Fatou can prove the truth of what it reported, OJ will not win, because truth is a defense to defamation. if in fact, what Kerr Fatou reported is true, it should be easy for them to defend. They just need to show the factual basis of what they reported. If Kerr Fatou can do that, then where is the media stifling? The case would be done with.
Again, no back and forth on my part SAMBA.
We will let OJ be!
Mwalimu offers a fitting synopsis below.
“Bla Bla Bla. Seriously, you are on a mission to prove something and I personally think it has a lot to do with your ego. Well you are entitle to inflate it, but keep Mwalimu out of that project.
Ach!! It will of course take you a shorter time to google the word blackness than asking me a definition every time I use a single word. Above in your posts, you have used terms and asked me to go reference them up in a dictionary. One rule for you and another for the others? That’s dictatorial and it has manifested itself time and again in your writings”.
The Gambia is moving forward with or without OJ that is a spent force with little moral direction to offer Gambian youth!
I rest my case.
Andy! Lol! I call people out for what they say. A posting is an invitation to others to read what you post. You can belong to whatever camp you want. I belong to the camp of truth, clarity, honesty and fairness. You know that your position on the OJ case is baseless so you are better of letting it go. I told you what Kerr has to do to defend itself, but I never told you what OJ will have to do in order to win. That was an invitation for you to ask that question. Had you brought that question up, then you will have gotten a clear picture. But in typical fashion … you would rather be in the dark.
Dr Isatou,
It’s 1:43am, late, isn’t it? Browsing my iPhone to tune Dr, Bax, Andy, Tafel..& Co. I’m on holiday, remember. Just from an old time Paddy brewing Ataya, though I take mine sugar free. Hot but cool breeze from the Atlantic.
I’ve already arranged the trip to Faraba Banta, the Commission sitting is right there in the village I learnt. I’ll find time to report.
Your statement: no absolute freedom of speech. The elder statesman Sir Dawda said it, President Jammeh said it as well and Adama Barrow is elaborating it. Time to reflector on the past, presenta and future. Did we wrong our Past presidents with our (ir)responsible statements in the name of freedom of speech?
Benachinolu, Domodalu Supa Kanjolu, Nyanka Tangolu…waiting for you Dr and your soft box on my face.
You know the Fulolu like Chakri, so my better half just couldn’t hold herself away from that delicious NONO and Chakri. Good night Dr.
Enjoy the Ataya. No more boxing for Babu. Uppercut are now aimed at the jaws of Nwalimu until he behaves himself.
Babu Soli, Mondolu Kaayandi.
Also don’t let your better half eat with a Kalamaa lest she gets choked on the good Chakri and Nicks Nacksolu.
The Feneh will do you a lot of good Babu! Haha.
PS, Babu please note to give TILLY BO a hollah for an update on Project Gambia.
Pa babu Good morning Please Take your time and enjoy the different food varieties youv’e mentioned,i wish you a wonderful vacation with the your entire family
With the entire family i meant