Somali media fraternity expresses concern about the Somalia government's directive that may restrict free expression and media freedom{PRESS STATEMENT}
MOGADISHU, Somalia 10 October 2022– The Somali media fraternity and the journalists’ associations* are concerned about the new directive issued by the Somali Federal Government containing a blanket ban and suspension on what it calls "dissemination of extremist and terrorist ideology”.
On Saturday, 08 October, the Ministry of Information of the Federal Government of Somalia issued a directive that "prohibited dissemination of extremism ideology messages both from traditional media broadcasts and social media. Similarly, the Ministry of Posts and Telecommunication instructed internet service providers to suspend more than 40 online sites without clarifying the identity of those sites.
While we recognize that the ongoing fighting between the federal government forces and al-Shabaab may have triggered a persisting concern relating to the use of social media for propaganda purposes, we are concerned that the new measures within the government directive, which was not consulted with media stakeholders, might unduly restrict otherwise legitimate expression and press freedom in the country.
Firstly, the vaguely-worded directive might limit the ability of journalists to report the ongoing operations against the armed group freely. It might also restrict access to information relating to continuing security operations from the general public. For example, following Saturday’s directive Shabelle Media was forced to remove al-Shabaab’s reaction to the government directive from its social media. Several other journalists told us they could not share information out of fear of reprisal from the authorities.
Secondly, the blanket suspension and ban on both media outlets and social media platforms allegedly for spreading al-Shabaab-related information is worrying and restrictive. For instance, the government directive suspended Telegram, a cloud-based encrypted instant messaging platform many Somalis use for sharing information. The complete shutdown of Telegram in the country not only impacts many ordinary Somalis but also puts into question this restriction's purpose.
Thirdly, we are concerned that the new directive might be used to silence the legitimate critics of the government and its security forces, including journalists, human rights defenders, independent researchers, analysts and others.
Lastly, we are extremely alarmed that the new directive has already brought security concerns for some local journalists and media houses following a counter-directive by al-Shabaab on Sunday, threatening journalists and other entities implementing the government directive.
Article 18 of the Somali Federal Provisional Constitution guarantees the right to Freedom of Expression and Opinions, while Article 32 stipulates the Right of to access information. Meanwhile, Article 38 of the Constitution prohibits any rights limitations, including the right to freedom of expression, without demonstrably reasonable, lawful, justified and fair manner.
Under international law, exercising the right to freedom of expression may be subject to certain restrictions. Still, only if they meet all elements of a stringent three-part test: they must be provided by law (which must be formulated with sufficient precision to enable an individual to regulate their conduct accordingly) and demonstrably necessary and proportionate (the least restrictive measure to achieve the specified purpose) to protect specified public interests (national security, public order, or public health or morals) or the rights or reputations of others. There must be procedural safeguards against the abusive imposition of restrictions, including a provision for appeal to an independent body with some form of judicial review. Restrictions which do not comply with this test violate freedom of expression even where no penalty results. They violate not only the right to freedom of expression of those people on whom the restriction is imposed but also the right of others to receive information and ideas.
The Johannesburg Principles on National Security, Freedom of Expression and Access to Information, adopted on 1 October 1995 by a group of experts in international law, national security, and human rights, contains principles aimed at resolving the tension between the right to freedom expression vis-à-vis national security. It states that "governments must use the least restrictive means possible in prohibiting speech that is contrary to legitimate national security interests; a restriction sought to be justified on the ground of national security is not legitimate if its genuine purpose or demonstrable effect is to protect interests unrelated to national security, including, for example, to protect a government from embarrassment or exposure of wrongdoing, or to conceal information about the functioning of its public institutions, or to entrench a particular ideology.
We call for the Ministry of Information of the Federal Government to review its directive and ensure that the rights of journalists and media freedom is not unduly restricted.
We call for the government to ensure that freedom of expression, media freedom and the rights of journalists are respected, protected and promoted.
The government should not criminalize journalistic reporting and the work of journalists. Instead, we encourage the government to review and amend the 2020 Somali Media Law, which contains provisions that criminalize and restrict journalistic work and allow media stakeholders to participate in the review process.
*Signed by:
1. | Somalia Mechanism for Safety of Journalists (SMSJ) |
2. | Somali Journalists Syndicate (SJS) |
3. | Federation of Somali Journalists (FESOJ) |
4. | Somali Media Association (SOMA) |
5. | Somali Independent Media Houses Association (SIMHA) |
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For further information, you may contact us
Midnimo Building ,Maka Almukarama road Waberi Mogadishu-Somalia +25261-5574424 Email: info@fesoj.org Website: www.fesoj.org Twitter: @FESOJ_Somalia* Facebook: Federation of Somali Journalists FESOJ*
Somali media fraternity expresses concern about the Somalia government's directive that may restrict free expression and media freedom{PRESS STATEMENT}
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