Staff at the privately owned New Broom newspaper, including Roland Worwee, the managing editor, as well as Samuel S. Doe, Koffee Nimely and Tarnu Worwee, were summoned to appear on 11 June before a magistrate at the Monrovia City Court, Temple of Justice.
According to the writ issued against the men, all were charged under Section 11.44 of the New Penal Law of Liberia with “criminally, unlawfully and maliciously” publishing a story that the Commissioner of the Bureau of Immigration and Naturalization (BIN), Abraham Mitchell, had received a bribe.
The accusation related to a 5 June story in the New Broom alleging Mitchell had accepted money in return for the release of 11 trucks and 30 nationals from Sierra Leone who were in breach of Liberia’s immigration laws. The writ stated that the article injured Mitchell’s reputation and damaged his official status as commissioner.
Mitchell had strenuously denied the story and originally gave the New Broom three days in which to retract the story and apologise. Legal action was taken when the newspaper failed to comply with Mitchell’s request.
Worwee and the others failed to attend court on 11 June. They have also failed to do so on two subsequent occasions. State prosecutors have requested that the courts continue with the case and that police seek the arrest of the newspaper staff.
Based on information from the Media Foundation for West Africa (MFWA), Judge Joseph Fayiah has issued an injunction against the New Broom preventing it from being published. The 14 July order, issued by Fayiah, and signed by the Clerk of the Court, states all printing houses are to refrain from printing the newspaper and justifies the decision on the basis that its management has failed to appear before the court.
“Using criminal laws to punish journalists for practicing their profession will have an extremely detrimental effect on the Liberian media environment. In the past such criminal laws have driven Liberian journalists into hiding or out of the country and I am fearful this is exactly what has happened in the present case,” said IPI Director Johann P. Fritz.
“While an individual’s reputation may well deserve a measure of protection in the civil courts, it is wrong to use the criminal courts. Such laws stigmatise journalists for making mistakes and increase the likelihood of censorship, thereby harming society and the public’s right to know.”
“It is also important to understand that under international law politicians and senior government officials enjoy less protection under the law than average citizens. This is a specific recognition that governments should receive greater scrutiny and be held accountable for their actions,” Fritz added.
“Therefore, in this case, I would call on Mr. Mitchell to think about the important role played by the media and discontinue the case against the New Broom. I would also call on the Liberian government to set in motion the process for removing from the statute books criminal laws that punish journalists.”