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(单词翻译:双击或拖选)
Supreme1 Court upholds criminal libel act, says law poses no immediate2 danger to journalists
Fid Thompson | Freetown 28 December 2009
Sierra Leone's Supreme Court recently threw out a case aiming to repeal3 the country's criminal libel law, under which journalists and others can be jailed for libelous4 statements.
Sierra Leonean law is clear. Anyone who "maliciously5" publishes defamatory material could be put in jail for up to three years, whether or not what they have written is true.
As Britain announces it will review its famously flexible libel laws, Sierra Leone's Supreme Court recently upheld the country's criminal libel act, saying the law posed no immediate danger to journalists.
The Criminal and Seditious Libel Act criminalizes statements that create disaffection against the government or damage the government's reputation.
The act does not allow truth as a defense6, unless you can prove that publishing the truth is in the public interest.
Umaru Fofana heads Sierra Leone's Association for Journalists who brought the case to court. He says the act contradicts Sierra Leone's 1991 constitution that guarantees freedom of expression.
"We feel this a complete travesty7 of justice. We feel it is not only a travesty of justice because truth does not hold sway there, but people should not be criminalized for exercising their basic right to freedom of expression," Fofana said.
He says criminalizing libel is pointless when there are functioning civil mechanisms8 to judge defamation9 and slander10 allegations. He says the libel law is only used to gag journalists and repress independent and opposition11 voices.
Sierra Leone's Independent Media Commission was set up in 2007 to promote a free and pluralistic media and to protect the public interest from abuse by media houses.
In an address in August, president Ernest Bai Koroma reassured12 the commission of his government's commitment to enhancing freedom of the press. A former insurance salesman, Koroma came to power two years ago with a reform agenda, promising13 to do away with what some have described as a "draconian14" libel law.
Sierra Leone's Information Minister, Ibrahim Ben Kargbo, says the law needed to be reviewed. But, Karbgo says, as soon as the case was brought to court, the matter was taken out of the government's hands.
"We are running a system of separation of powers. Once a journalist took the government to court, it became sub judice and we could not discuss it anymore," Kargbo said.
Now the Supreme Court has ruled, Kargbo says the government will discuss the issue again with journalists. The ministry15 of information is now focusing on putting together a Freedom of Information act.
For Fofana the balance has yet to be struck between freedom of expression and the right to reputation. He says the journalists' association will continue to push for repeal of the law.
"We are now resorting to going to the office of the president and to members of parliament for a repeal of this law. We are encouraging and appealing to the president to make real on his promise which he made during his campaign in 2006 that if he became president he was going to repeal this law," Fofana said.
He says this will be the association's biggest fight in 2010. He says if libel remains16 a criminal offense17, then even a Freedom of Information law is futile18. Journalists, he says, will come by information that is true, but will not publish it for fear of criminal proceedings19.
1 supreme | |
adj.极度的,最重要的;至高的,最高的 | |
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2 immediate | |
adj.立即的;直接的,最接近的;紧靠的 | |
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3 repeal | |
n.废止,撤消;v.废止,撤消 | |
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4 libelous | |
adj.败坏名誉的,诽谤性的 | |
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5 maliciously | |
adv.有敌意地 | |
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6 defense | |
n.防御,保卫;[pl.]防务工事;辩护,答辩 | |
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7 travesty | |
n.歪曲,嘲弄,滑稽化 | |
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8 mechanisms | |
n.机械( mechanism的名词复数 );机械装置;[生物学] 机制;机械作用 | |
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9 defamation | |
n.诽谤;中伤 | |
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10 slander | |
n./v.诽谤,污蔑 | |
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11 opposition | |
n.反对,敌对 | |
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12 reassured | |
adj.使消除疑虑的;使放心的v.再保证,恢复信心( reassure的过去式和过去分词) | |
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13 promising | |
adj.有希望的,有前途的 | |
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14 draconian | |
adj.严苛的;苛刻的;严酷的;龙一样的 | |
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15 ministry | |
n.(政府的)部;牧师 | |
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16 remains | |
n.剩余物,残留物;遗体,遗迹 | |
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17 offense | |
n.犯规,违法行为;冒犯,得罪 | |
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18 futile | |
adj.无效的,无用的,无希望的 | |
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19 proceedings | |
n.进程,过程,议程;诉讼(程序);公报 | |
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