Penal Code (2005)
Art. 244 (Attacks against the State and National and other Emblems): 1.
Whoever, by word or by deed or in any other way, abuses, insults, defames or
slanders the State in public, is punishable with simple imprisonment for not less
than three months or with a fine not less than 500 birr (US$38).
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The act of defamation, slander, abuse or insult is deemed to be committed as
defined under Arts. 613 and 615.
2. Whoever, maliciously, or with contempt or any other similar intent, publicly
tears down, sets on fire, destroys, injures, defaces, insults or in any other way
abuses an officially recognized national emblem, such as the flag or insignia of
Federal Ethiopia or the Regional States, is punishable with simple imprisonment
for not less than three months or fine.
Art. 264 (Insults to Foreign States): 1. Whoever in any way publicly abuses,
insults, defames or slanders by word of mouth or by deed, a foreign State, either
directly or in the person of its Head, of one of its constituted authorities, of one of
its accredited diplomatic representatives or of one of its official representatives or
delegates in the territory of Ethiopia, is punishable with simple imprisonment or
fine.
2. In grave cases, especially in a case of slander, simple imprisonment shall be for
not less than three months.
Art. 265 (Insults to the Official Emblems of Foreign States): Whoever, out of ill
will, hatred, contempt or other improper motives tears down, destroys,
defaces, insults or in any other way abuses the emblems of sovereignty of a
foreign State with which Ethiopia maintains peaceful relations, particularly its
insignia or national flag publicly hoisted by an official representative of such State,
is punishable with simple imprisonment or fine.
Art. 266 (Insults to inter-State Institutions): Whoever publicly insults the
representatives or the official emblems of an interstate institution or organization to
which Ethiopia belongs is liable to the punishment provided for under Art. 265.
Art. 449 (Contempt of Court): 1. Whoever, in the course of a judicial inquiry,
proceeding or hearing:
a) in any manner insults, holds up to ridicule, threatens or disturbs the Court or a
judge in the discharge of his duty; or
b) in any other manner disturbs the activities of the Court, is punishable with
simple imprisonment not exceeding one year, or a fine not exceeding 3,000 birr
(approx. US$225). The Court may deal with the crime summarily.
2. Where the crime is not committed in open Court but while the judge is
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carrying out his duties, the punishment shall be simple imprisonment not
exceeding six months, or fine not exceeding 1,000 birr (approx. US$75).
Art. 613 (Defamation and Calumny): 1. Whoever, addressing a third party,
imputes to another with the intent to injure his honor or reputation, an act, a fact or
a conduct, where the allegation accords with the truth, is punishable, upon
complaint, with simple imprisonment not exceeding six months, or fine.
Statements made concerning a crime of which a person has been found guilty, has
duly served the sentence or has been granted pardon or amnesty, with intent to
injure his honor or reputation, shall be considered as defamation and are
punishable under the preceding Article.
2. Where the defamatory imputations or allegations constituting the injury
to honor or reputation are false and are uttered or spread with knowledge of their
falsity, the criminal is punishable upon complaint, for calumny with simple
imprisonment for not less than one month, and fine.
3. Where the criminal has acted with deliberate intent to ruin the victim's
reputation, he shall be punished, upon complaint, with simple imprisonment for not
less than three months, and fine.
4. Where the imputation or allegation is false and made negligently, it is
punishable, upon complaint, with simple imprisonment not exceeding one year, or
fine.
Art. 615 (Insulting Behavior and Outrage): Except in cases where it is
punishable as a petty offense (Art. 844), anyone directly addressing the victim, or
referring to him, offends him in his honor by insult or injury, or outrages him by
gesture or in any other manner, is punishable, upon complaint, with simple
imprisonment not exceeding three months, or fine not exceeding 300 birr (approx.
US$23).
Art. 618 (Special Cases Aggravating the Crime): 1. Where the defamation or
calumny, insult or outrage, has been deliberately committed against a public
servant in the discharge of his official duty, or in relation thereto, the criminal is
punishable, upon complaint:
a) with simple imprisonment not exceeding six months, and a fine not exceeding
1,000 birr (approx. US$75) in cases of insult or outrage;
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b) with simple imprisonment from one month to one year, and a fine in cases of
defamation; or
c) with simple imprisonment for not less than three months, and a fine in cases of
calumny; or
d) with simple imprisonment for not less than six months, and a fine, in cases of a
deliberate act to ruin the victim’s reputation.
2. Nothing in this Article shall affect the special provisions relating to injury to the
honor of the State (Art. 244), to insults to foreign States and interstate
institutions (Arts. 264 and 266), to insults to a military superior (Art. 297) and to
contempt of Court (Art. 449).
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GAMBIA
Population: 1.7 million
Press Freedom Rating: Not Free
Autocratic President Yahya Jammeh issued an
executive order to reopen The Standard
newspaper, which was shut down for five months
by the National Intelligence Agency. No reason
was given for the closure.
Reporting to the United Nations Human Rights Council, the government of
Gambia denied wrongdoing in the detention of Ebrima Manneh, arrested by
security forces from the Daily Observer newsroom in 2007, allegedly for planning
to publish articles critical of the government. No disclosure has been made of his
whereabouts or conditions of detention.
In June, the Gambia government was ordered to pay Musa Saidykhan $200,000
in damages over torture he endured while illegally detained in 2006 by security
forces following an alleged coup attempt. Saidykahn, editor in chief of the
Independent, was subjected to electric shocks during his three-week detention,
along with other forms of torture that often left him unconscious. He is in exile in
the United States.
Relevant Laws
Two rounds of amendments to the country’s Penal Code (in 2004 and 2005)
increased penalties for seditious intention and seditious publication, prohibited by
Sects. 51 and 52, respectively. Seditious intention is broadly defined, and includes
intention to “bring into hatred or contempt or to excite disaffection against” the
President, administration of justice or government of Gambia, or against its
inhabitants. Promoting “feelings of ill will and hostility” among different segments
of Gambia’s population is also punishable. The law does, however, provide that
such statements may be deemed non-seditious if they were meant to show that the
President was misled or mistaken, or were meant to promote the remedying of
wrongs in government or society.
Sect. 52 covers conspiracy to act with seditious intent, “uttering” seditious
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words, as well as seditious publication (which includes printing and selling such
publications). Anyone guilty of such an offense must pay a fine between 50,000
and 250,000 dalasis (approx. US$1,950-9,700) or be imprisoned for no less than
one year. Offenders may also be both imprisoned and required to pay the fee.
Finally, any “seditious publication” involved in the offense “shall be forfeited to
the State.” The same punishment applies to anyone found, without lawful excuse,
to possess “any seditious publication.”
Defamation is a criminal offense under Sect. 178 of the Penal Code, and,
since July 2005, is similarly punishable by a fine ranging from 50,000 to
250,000 dalasis (approx. US$1,950-9,700), imprisonment of one year or more, or
both. Conspiracy to commit criminal defamation is an offense under Sect. 368.
Sect. 181 provides the same punishment as for criminal defamation for the offense
of publishing or broadcasting false information.
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IVORY COAST
Population: 21.6 million
Press Freedom Rating: Not Free
After disputed elections, media experienced a crackdown.
Journalists were harassed for reporting on the election
aftermath. The Republican Guard shut opposition papers
for a day. French TV France 24 was forced off air for
several days for “unbalanced and unprofessional treatment
of information.”
A prominent journalist for L’Intelligent d’Abidjan, Traoré Médandjé, was
convicted of “criminal defamation” and sentenced to a year in jail and a $10,000
fine. In 2009, Médandjé alleged former Health Ministry official Andre Tia was
operating illegal health clinics. Tia was fired and sued Médandjé. He accused the
reporter of blackmail, alleging that three interviews by Médandjé in three different
places were an extortion attempt. Médandjé was free on appeal at year’s end.
Relevant Laws
A press law introduced in December 2004 (Law 2004-643) abolished prison terms
for press offenses, imposing large fines instead. Journalists have nonetheless since
been sentenced to jail for offenses under the Penal Code, including defamation.
Press Law (2004-643)
Art. 68 specifies that press offenses are not punishable by imprisonment.
Art. 72 lists offenses punishable by judicial seizure of copies of the publication.
Offenses include insulting the President, Prime Minister and foreign heads of state.
Art. 74: The offense of insulting the President of the Republic consists of any
defamatory allegation involving his public or private life that affects his honor or
dignity. Proceedings may be initiated by the prosecutor without prior complaint by
the President.
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Art. 75: In cases of insult of the Prime Minister or presidents of institutions, the
proceedings may not be initiated by the prosecution without prior complaint by the
aggrieved party.
Art. 76: In cases of insult of foreign heads of state and governments, the
proceedings may not be initiated by the prosecution without prior complaint by the
aggrieved party.
Art. 77: The offenses outlined in Art. 72 (1-3,9) and in the Arts. 73, 74, 75 and are
punishable as follows: in cases of insult or contempt, fines range from 10- 20
million CFA francs (approx. US$22,600-45,000); in other cases, fines range from
5-15 million CFA francs (approx. US$11,300- 34,000).
Art. 78: All allegations or imputations of fact that affect the honor or esteem of the
individual or body to whom the fact is imputed constitute defamation.
The direct publication or reproduction of the allegation or imputation is
punishable even if made in the form of a question or it targets a person or body not
expressly named, where their identification is possible by the terms of the
offending discussion, cries, threats, drawing, film, writing, printed material or
posters. Every outrageous expression, term of contempt or invective that does not
impute any facts constitute insult.
Art. 79: Defamation of courts, tribunals, the armed forces, constitutional courts or
public administrations is punishable by a fine ranging from 5-15 million CFA
francs (approx. US$11,300-34,000).
Art. 80: Defamation of one or more members of government, National
Assembly members, or citizens charged with a temporary or permanent public
mandate or service, jurors or witnesses due to their given testimony, by reason of
their function, is punishable by the fines outlined in the preceding article.
Art. 81: Defamation of a group who belong, by origin, to a particular race, ethnic
group, tribe or religion, is punishable by a fine ranging from 5-15 million CFA
francs (approx. US$11,300-34,000). Defamation of individuals is punishable by 5-
15 million CFA francs (approx. US$11,300-34,000).
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Art. 82: Publication of false information is punishable by a fine ranging from
5-10 million CFA francs (approx. US$11,300-22,600).
Art. 83: Insult against bodies or persons specified in Arts. 79, 80 and 81 is
punishable by a fine ranging from 5-15 million CFA francs (approx.
US$11,300-34,000). Insult against individuals is punishable by a fine from
5-15 million CFA francs (about US$11,300-34,000).
Penal Code (1981)
Art. 173: Publication, dissemination, disclosure, or reproduction by any means
whatever, of false news, fabricated or falsified pieces, or falsely attributed to
others, is punishable by imprisonment of one to three years and a fine of 500,000
to 5 million CFA francs (approx. US$1,130-11,300), if it results or can result in
disobedience to laws, affronts public morals or discredits institutions or their
functions.
If the publication, dissemination, disclosure or reproduction is made in the press,
the following will be liable under the penalties outlined in the preceding paragraph
as principle authors: managers or co-managers or editors, or printers, sellers,
distributors or those who display the material. When managers, co-managers or
editors are involved, the authors will be pursued as accomplices.
Art. 174: Anyone who, by gesture, cries, threats, in writing, image, printed
material, document, sign or poster, or by any other means of sound or of a visual
nature, be it in a public place or a place open to the public, by any means
permitting audio or visual contact with the public, directly provokes theft, murder,
looting, arson or destruction of buildings, or any of the infractions specified in this
present chapter, shall be punished:
1. in case the provocation is followed by an infraction, by the same penalty
applicable to those committing the infraction;
2. in case the provocation is not followed by an infraction, by imprisonment of one
to five years and a fine ranging from 300,000 to 3 million CFA francs
(approx. US$680-6,800).
Art. 199: Defamation, insult or threats carried out in the circumstances outlined in
Art. 174, toward a group of people who belong by origin to a particular race, ethnic
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group or religious group, is punishable by a penalty of imprisonment of one month
to one year, and a fine ranging from 100,000 to 1 million CFA francs (approx.
US$226-2,260). If the infraction is committed in the press, radio or television,
these penalties are doubled.
Art. 243: Anyone who, in circumstances indicated in Art. 174, offends the
President of the Republic, will be punished by imprisonment of three months to
two years and a fine of 300,000 to 3 million CFA francs (approx. US$680-
6,800), or one of these penalties.
Art. 244: Anyone who, in circumstances indicated in Art. 174, publicly offends a
foreign head of state or government, will be punished by imprisonment of three
months to two years and a fine of 300,000 to 3 million CFA francs (approx.
US$680 to 6,800), or one of these penalties.
Art. 245: Insult committed in circumstances indicated in Art. 174 toward
plenipotentiaries, envoys, chargés d'affaires and other diplomatic agents
accredited by or on mission for the government of Ivory Coast is punishable by
imprisonment of 15 days to one year and a fine of 100,000 to 1 million CFA francs
(approx. US$226-2,260), or one of these penalties.
Art. 246: Anyone who, with malicious intent, contempt or similar sentiment, in a
public place, open or exposed to the public, destroys, degrades or offends the
national emblem or the national coat of arms, is punishable by a penalty of
imprisonment of one month to two years and a fine of 20,000 to 200,000 CFA
francs (approx. US$45-450), or one of these penalties. Ripping, destroying,
degrading or offending emblems or coat of arms of foreign nations used at a public
ceremony or flown publicly by an official representative of the nation at issue,
accredited by the government of the Republic, is punishable by the same penalty.
Art. 247: Offending the President of the National Assembly, the President of
the Economic and Social Council or the President of the Supreme Court, in the
circumstances specified in Art. 174, is punishable by imprisonment of one month
to two years and a fine of 200,000 to 2 million CFA francs (approx. US$450-
4,500).
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Art. 248: Offending, in the exercise of their functions or because of the exercise
thereof, a member of government, deputy, member of the Economic and Social
Council or a magistrate of the Supreme Court, in the circumstances specified in
Art. 174, is punishable by imprisonment of 15 days to two years and a fine of
100,000 to 1 million CFA francs (approx. US$226-2,260).
Art. 249: Offending, in the circumstances specified in Art. 174, a judicial or
administrative magistrate other than those covered by the preceding article, a juror
or an assessor, in the exercise of their functions or because of the exercise thereof,
is punishable by imprisonment of eight days to two years and a fine of 20,000 to
200,000 CFA francs (approx. US$45-450).
Art. 250: If the insult defined in Arts. 247, 248 and 249 are committed during an
official ceremony, an assembly or a court hearing, imprisonment shall range
between one and three years. Arts. 117 and 118 do not apply.
Art. 251: Insult committed in the circumstances indicated in Art.174 and against
any public officer in the sense of Art. 223*, in the exercise of their functions or in
connection with the exercise thereof, is punishable by imprisonment of 15 days to
three months and a fine of 10,000 to 100,000 CFA francs (approx. US$23-226), or
one of these penalties.
Art. 252: Anyone who, in the circumstances indicated in Art. 174, looks to cast
discredit on a judicial decision or act, in a manner that affronts the authority or
independence of justice, will be punished by imprisonment of one to six months
and a fine of 10,000 to 100,000 CFA francs (approx. US$23-226), or one of these
penalties. In addition, the judge may impose banishment on the guilty party.
Art. 254: If the infractions outlined in the present section are committed in the
press, the second paragraph of Art. 173 applies.
*Art. 223 specifies that the term “public officer” includes all magistrates, state
functionaries, public or ministerial officials, agents, officers in the armed forces,
police officers, and anyone charged even occasionally with a public service or
mission.
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MAURITANIA
Population: 3.3 million
Press Freedom Rating: Partly Free
In late February, Hanevy Ould Dehah was released
from prison after serving eight months under what had
originally been a six-month sentence. Dehah, news
director of the site Taqadoumy, was convicted of
“violating public decency” after a presidential candidate claimed that an article
Dehah published about the candidate’s lavish expenditures was “defamatory and
baseless.” Dehah was acquitted of “defamation,” “inciting rebellion” and “inciting
crimes and offenses.” After serving more than his full sentence, Dehah was
eventually released with more than 100 other prisoners in a pardon for the Prophet
Muhammed’s birthday.
Relevant Laws
Penal Code (1983)
Art. 204: criminalizes insulting administrative and judicial magistrates or jurors in
the exercise of their functions. Whether by words, writing, drawings not rendered
public, insults that undermine the honor of such individuals are punishable by
imprisonment of 15 days to two years. If expressed during a court session, the
penalty is increased to imprisonment of two to five years.
Art. 205: specifies that insults committed in the same set of circumstances, but
communicated by gestures, threats or throwing objects, are punishable by
imprisonment of one to six months, or, where committed during a court session, by
imprisonment of one month to two years.
Art. 206: prohibits insults by any means against all ministerial officers or agents,
or citizens charged with public duties, during the exercise thereof. Such insults are
punishable by imprisonment of 10 days to one month, and a fine of 5,000 to 30,000
ouguiya (approx. US$19-115), or only one of these penalties.
Art. 207: provides that, any insult committed against a police commander is
punishable by imprisonment of 15 days to three months, and may also be punished
by a fine of 5,000 30,000 ouguiya (approx. US$19-115).
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