The Edward Francis Small Centre for Rights and Justice hereby informs the public that it has formally submitted its Position Paper on the Communications Bill 2025 to the National Assembly Select Committee on Education, Training, and ICT for consideration. This submission is part of EFSCRJ’s ongoing mandate to promote human rights, media freedom, transparency, and democratic governance in the Gambia. The Position Paper provides a comprehensive legal and policy analysis of the Bill, recognizing its stated objectives of modernizing the communications sector while highlighting critical provisions that pose significant risks to fundamental rights and freedoms.
While acknowledging progressive elements such as consumer protection, data privacy considerations, and the consolidation of the legal framework for electronic communications, EFSCRJ finds that the Bill, in its current form, presents serious threats to freedom of expression, media independence, and the rule of law. The analysis demonstrates that the Bill concentrates excessive powers in the Executive, establishes a highly discretionary and politicized licensing regime, introduces vague and overbroad offences that criminalize speech, and lacks adequate safeguards for privacy and judicial oversight. If enacted without substantial amendments, these provisions risk reversing the democratic gains made since 2017 and placing the Gambia in violation of its obligations under international and regional human rights instruments.
EFSCRJ is particularly concerned about the Minister’s central role in licensing, sanctioning, and regulatory decision-making, which undermines the independence of the regulatory framework and opens the door to political interference in the media and communications sector. Equally troubling are provisions that criminalize “unsolicited communications,” expand state surveillance through SIM registration and data-sharing mechanisms, and introduce vague standards for content regulation that could facilitate censorship and self-censorship. The inclusion of broadcasting content regulation within the Bill further threatens editorial independence and risks undermining existing self-regulatory mechanisms such as the Media Council.
In light of these concerns, EFSCRJ calls on the National Assembly to undertake a thorough, transparent, and participatory review of the Communications Bill 2025. The Centre strongly recommends fundamental reforms, including the review of the PURA to transform it into an independent regulatory authority accountable to the National Assembly, the removal of ministerial control over licensing, the decriminalization of speech-related offences, the strengthening of judicial oversight, and the removal of content regulation provisions from the Bill. These measures are essential to ensure that the law promotes innovation and sectoral growth while safeguarding constitutional rights and democratic principles.
EFSCRJ reaffirms its commitment to constructive engagement and stands ready to provide technical support and further clarification to the National Assembly. The Centre urges all citizens, media practitioners, civil society organizations, and policymakers to closely engage with this Bill, as its implications will profoundly shape the future of freedom of expression, digital rights, and democratic governance in our country.
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