Resolution on Proposed Registration of Journalists, Online Media, Social Media Users, and Online Content Regulation

PREAMBLE

The Gambia Press Union (GPU) and media industry stakeholders, including regulatory and professional associations, academic, and civil society groups held an emergency meeting at GPU on 8th April, 2026;

Recalling our mandate to safeguard editorial independence and media freedom as outlined in the Cherno Jallow Charter of Ethics for Journalists and Media Operators;

Recalling Sections 25 and 207 of the 1997 Constitution of the Republic of The Gambia, which guarantees every person’s right to freedom of speech and expression; including the freedom and independence of the press and other media, while affirming the duty of the media to uphold constitutional principles and ensure government accountability to the people.

Recalling that The Gambia is a member of regional and international organisations like ECOWAS, AU, and the UN which have placed important safeguards through several instruments to promote and protect press freedom, freedom of expression, and access to information;

Recognising that press freedom, freedom of expression, and access to information are fundamental human rights guaranteed under Article 1 and Article 37 of the ECOWAS Protocol on Democracy and Good Governance, Article 9 of the African Charter on Human and Peoples’ Rights, and Article 19 of the International Covenant on Civil and Political Rights;

Recalling The Gambia’s constitutional commitments to uphold these rights in line with the African Declaration of Principles on Freedom of Expression and Access to Information; and underscoring the Declaration’s provisions, particularly Principle 19 on freedom from undue legal restrictions on the media, Principle 5 on the protection of online expression, Principle 10 affirming freedom of expression as an inalienable democratic right, Principle 11 promoting media pluralism, and Principle 17 requiring independent regulatory authorities, while affirming the need to safeguard these freedoms from political or commercial interference.

Considering the fundamental role of a free, independent, and plural media in promoting transparency, accountability, good governance and democracy;

OUR CONCERNS

Deeply concerned by the attempt by the Ministry of Information, Media and Broadcasting Services (MoIMBS) and the state-controlled agency, the Public Utilities Regulatory Authority (PURA), to reverse gains made in press freedom by introducing a new set of regulatory measures which includes;

1. State-controlled registration and accreditation regime that gives unlawful and arbitrary powers to the gov’t to decide who practices journalism or not.
2. Unlawful and arbitrary registration of online news outlets
3. Introducing a broadcasting and online content regulation which not only restrict freedom of expression online, but also promotes state censorship, news content moderation and interference with the rights of journalists to independently report and make content decisions without interference (editorial independence).

Underscoring that PURA’s mandate under the PURA Act (as amended) is limited to technical spectrum management and broadcast licensing. The proposed regulations on journalist registration and online media licensing fall outside PURA’s statutory powers and therefore constitute an unlawful exercise of administrative authority;

Deeply concerned that the proposed registration and licensing of journalists is also extended to social media users referred to as SPURs (Social Media Users with Significant Public Reach) under the Broadcasting and Online Content Regulations, 2026 which is incompatible with freedom of expression. The UN Human Rights Committee, in its General Comment No. 34 (2011) on Article 19 of the International Covenant on Civil and Political Rights (ICCPR) stated that while limited, non-discriminatory accreditation for specific access is allowed, general mandatory licensing or registration of journalists is incompatible with freedom of expression. The Committee also recognizes journalism as a broad function, encompassing professional reporters, bloggers, and independent, self-publishing actors (which includes those designated as SPURs in PURA’s proposed regulations).

Underscoring that the proposed registration of social media users would significantly conscript the online civic space and restrict freedom of expression online which is incompatible with international human rights standards. The fundamental right to free expression also extends online, and in fact, in 2011 and 2014, the UN Human Rights Council repeatedly affirmed that the same rights individuals have offline must also be protected online, declaring internet access a crucial enabler of human rights.

Recalling that the Government of the Gambia had attempted to introduce similar proposals through the National Media Commission Bill, 2002 and passed only to be repealed in 2004 following relentless media resistance and legal action;  

Concerned that PURA as a state-controlled institution is not an independent regulator and therefore prone to political and executive influence;

Underscoring thatthe UN Human Rights Committee, in its General Comment No. 34 (2011) on Article 19 of the International Covenant on Civil and Political Rights (ICCPR), stated that general State systems of registration or licensing of journalists are incompatible with international human rights law, and while limited, non-discriminatory accreditation for specific access is allowed, general mandatory licensing or registration of journalists is incompatible with freedom of expression;

OUR POSITION

The Gambia Press Union (GPU) and media industry stakeholders, including regulatory and professional associations, academic, and civil society groups hereby resolve that:

1.     We cannot participate in the proposed consultations on the Broadcasting and Online Content Regulations, 2026; Broadcasting and Online Content Licensing, Registration and Authorisation Guidelines, 2026; and Journalists Registration Guidelines, 2026, since our participation would be seen to legitimise the proposed state-controlled system of accreditation and registration of journalists and online media houses;

2.     We hereby totally reject the proposed general State system of registration and licensing of journalists and online media houses;

3.    We hereby agreed that no journalist/journalists’ association/individual media houses should participate in any validation workshop on the above mentioned regulations/policies;

4.     Agreed that no media house or journalist should register with PURA for their constitutional right to practice journalism and to seek employment in The Gambia;

5. Agreed that the proposed regulations will be challenged in domestic and regional courts at the appropriate time if they come into effect and are enforced;

  RECOMMENDATIONS

We also call on the Government of The Gambia, to:

6. Support the media to strengthen the Media Council of The Gambia (MCG), which was setup by the Gambia Press Union in line with Principle 16 of the Declaration, which states that “States shall encourage media self-regulation which shall be impartial, expeditious, cost-effective, and promote high standards in the media”

8.     Take all necessary measures to uphold its obligations under the 1997 Constitution and the African Charter and other regional and international instruments on the right to freedom of expression and access to information, and implement the Declaration of Principles on Freedom of Expression and Access to Information;

9.   Review laws that restrict press freedom and freedom of expression, including the Cybercrime Bill, and Section 152 of the Criminal Offences Act, 2025 on False Publication and Broadcasting to ensure compliance with regional and international standards on freedom of expression, and also in line with the recommendations of the Truth, Reconciliation and Reparations Commission (TRRC), which the government has accepted;

10.  Ensure that the right to express oneself through the media shall not be subject to any undue legal or administrative restrictions;

11.  Ensure that the proposal to impose a general State system of registration and licensing of journalists and online media houses, which would affect access to information, the ability of journalists to report freely and accurately on the Government, are immediately abandoned;

Done at the Secretariat of the Gambia Press Union, Fajara, on 8^th April, 2026

Signed and Endorsed by:

1. The Gambia Press Union (GPU),
2. Media Council of The Gambia (MCG),
3. Newspaper Publishers Association (NePA),
4. Broadcasters Association of The Gambia (BAG),
5. Gambian Online Media Association (GOMA),
6. Women Journalists’ Association of The Gambia (WoJAG),
7. Young Journalists’ Association of The Gambia (YJAG),
8. Sports Journalists’ Association of The Gambia (SJAG),
9. Network of Community Radio – The Gambia (NCRG),
10. Network of Agricultural Communicators (NAC),
11. Association of Health Journalists (AoHJ),
12. Edward Francis Small Centre for Rights and Justice (EFSCRJ)
13. African Network against Extrajudicial Killings and Enforced Disappearance, (ANEKED)
14. Alliance of Victim-Led Organisations, (AVLO)
15. The Association of Non-Governmental Organisations (TANGO)
16. The Media Academy for Journalism and Communication (MAJaC)