Overview
The freedom of the media provisions in both the 2020 and 2024 draft constitutions of The Gambia outline protections and rights for the media, including safeguards against censorship and independence for state-owned media. However, certain changes in the 2024 draft introduce new restrictions and refinements, specifically concerning media ownership.
What has changed
1.Ownership Rights
• 2020 Draft: Allowed any natural or juristic person (including foreigners) to own and operate media outlets, promoting a more open media landscape with the potential for international ownership.
• 2024 Draft: Limits media ownership strictly to Gambians, thereby restricting foreign ownership and potentially reducing external influence in the Gambian media landscape. This shift is significant in reinforcing local control but could impact diversity and investment.
What is maintained
2. Provisions on Media Freedoms
• Both 2020 and 2024 draft uphold media rights to gather, process, and disseminate news without interference, alongside protections against censorship before publication and from forced disclosure of sources. These rights are largely unchanged in substance, though the numbering of sections has been adjusted slightly in the 2024 draft.
3. State-Owned Media Obligations
• Both versions of the constitution maintain similar obligations for state-owned media, emphasizing editorial independence, impartiality, and the requirement to provide a fair platform for various viewpoints and dissenting opinions.
4. Regulation of Media and Broadcasting
• Both the 2020 and 2024 draft supports the establishment of an independent regulator to oversee broadcasting, promote fairness, manage license allocation, ensure frequency equity, and set media standards. These provisions remain consistent, focusing on the structure and responsibilities of a regulatory authority for media operations.
Areas for Clarification
• The 2024 draft constitution introduces the significant change of limiting media ownership to Gambians, which could help safeguard national sovereignty but may also impact media diversity and the potential for international partnerships. Furthermore, it remains essential to see how these provisions might be implemented in practice, particularly regarding media independence and the potential for an independent regulatory body to enforce fair standards.
• Overall, the 2024 draft constitution reflect a more domestically focused media landscape, with an emphasis on local ownership, which contrasts with the more open framework of the 2020 draft constitution. This shift could influence the media’s role and operational freedom within The Gambia, particularly regarding the global flow of information and international media investment.