The Association for Media Development in South Sudan (AMDISS) has expressed ‘shock’ at discovering that the new media authority bill has defined defamation as a criminal offense.

This comes after legal analysis of the bill carried out by the media sector.

As originally drafted and introduced in the national parliament last year, the bill was intended to replace existing provisions of the penal code treating defamation as a criminal offense. This was one of the main reasons why some members of the media lobbied for passage of the Media Authority Act.

However, Article 5 of the signed Media Authority Act reads, “Defamation shall have the meaning assigned to it in the penal code.”

In the same Act, under Article 28, the Media Authority is mandated to deal with defamation as a civil offense, and the sanctions for defamation as defined under this section are all civil penalties – compensation and requirement of correction.

This creates a contradiction within the Media Authority Act itself.

Speaking on Tuesday, AMDISS chairman Alfred Taban said the media were “shocked to discover defamation cases in media are treated criminal instead of civil as provided in original media bills presented to the National Legislature,” the Catholic Radio Network reported.

Alfred Taban told a gathering of media representatives that the change to the text of the bill was surprising because during parliamentary debates the MPs were in favour of the original provision.

He demanded lawmakers to explain how the change of defamation case from civil to criminal came about. The change was possibly introduced sometime during the parliamentary process.

Alfred Taban is the chief editor of Juba Monitor newspaper and the elected head of AMDISS since October 2014. He succeeded Jacob Akol of Gurtong Trust.

File photo: Alfred Taban

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No confirmation of South Sudan media bills signing (9 Sept.)