| Sierra Leone: Integrity Scorecard Report > Sub-Category: Media | ||
| Indicators | Score | |
| 5 | Are media and free speech protected? | 100 |
| 6 | Are citizens able to form print media entities? | 100 |
| 7 | Are citizens able to form broadcast (radio and TV) media entities? | 94 |
| 8 | Can citizens freely use the Internet? | 100 |
| 9 | Are the media able to report on corruption? | 58 |
| 10 | Are the media credible sources of information? | 60 |
| 11 | Are journalists safe when investigating corruption? | 67 |
Indicator and sub-Indicator Details
| 5 | Are media and free speech protected? | |||||||
| 5a: In law, freedom of the media is guaranteed. | ||||||||
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Comments: References: Section 25 of the Constitution of Sierra Leone
Peer Review Comments: Yes, by law, freedom of the media is guaranteed in Chapter 3, Section 25, "Protection of Freedom and Expression of the Press," of the Sierra Leonean Constitution. But there are concerns about the tendency of the government to not guarantee and respect the right of access to information because such access is often viewed as a threat to public safety and security. The good thing is that the Media Rights Agenda, in collaboration with the Open Society Justice Initiative, is engaging governments in Africa, including the Sierra Leonean government, to sign and ratify instruments such as the African Union Convention on Preventing and Combating Corruption and the U.N. Convention Against Corruption, which require States Parties to adopt measures that guarantee access to information (MRA, 2006, [ LINK ]).
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| 5b: In law, freedom of speech is guaranteed. | ||||||||
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Comments: References: Section 25 of the constitution guarantees the freedom of expression.
Peer Review Comments: Yes, freedom of speech is guaranteed by law in Chapter 3, Section 25, "Protection of Freedom and Expression of the Press," of the Sierra Leonean Constitution. However, oftentimes the government gets offended by certain pronouncements from the media and muzzles the press in contravention of Section 25. This happened to Standard Times editor Philip Neville in June 2007 -- under Section 32, subsections 2 and 3, of the Public Order Act of 1965, which makes publishing any false statement, rumor, or report likely to harm the reputation of government officials a crime punishable by a fine, imprisonment of up to 12 months, or both -- for an article headlined "Bombshell, Col. Ghadafi Exposes Government." The article suggested that Col. Muammar al-Ghadafi, the Libyan president, exposed the Sierra Leonean government by announcing at a rally that he had donated money and food items to the Sierra Leonean people, and Sierra Leoneans were disappointed that the government had not informed them of the gesture (RAP21, 2007, [ LINK ]). The Committee to Protect Journalists also has a catalog of previous cases in which the press has been systematically gagged. In January 2005, Anti-Corruption Commission officers detained reporter Unisa Bangura and editor Philip Neville and searched the Standard Times Press office and their homes. In February 2005, when Olu Gordon questioned Marine Minister Ibrahim Okere Adams -- who had been indicted by an anti-corruption commission but not fired, whereas two other indicted ministers had been dismissed promptly -- Gordon was summoned to the Criminal Investigation Department. Criminal charges were brought against managing editor Pratt and reporter Jones, of the private weekly The Trumpet. They were both detained at the CID and charged with "seditious libel" under Sierra Leone's draconian 1965 Public Order Act, which local journalists have long struggled to have removed from the books. Harry Yansaneh, acting editor of the daily For Di People, was assaulted on May 10, 2005. The attack was alleged to have been motivated by the newspaper's criticism of the Sierra Leone People's Party and the government. Yansaneh had taken over as senior editor following the imprisonment of For Di People's editor and publisher, Paul Kamara, in October 2004, on a conviction of seditious libel and a two-year jail sentence for articles that criticized President Ahmad Tejan Kabbah (CPJ, 2005, [ LINK ]).
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| 6 | Are citizens able to form print media entities? | |||||||
| 6a: In practice, the government does not create barriers to form a print media entity. | ||||||||
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Comments: References: Abdul Rashid, Search for Common Ground/Talking Drum Studios, Freetown, September 11, 2007 Elvis Hallowell, Country Director, Journalists for Human Rights, Freetown, October 19, 2007
Peer Review Comments: Yes, officially there are no barriers to forming a print media entity. The 2000 Independent Media Commission Act ([ LINK ]) established the Independent Media Commission as an autonomous body for the regulation of mass media institutions and for other matters connected to the media. The process of registration has been simplified by the commission. To register a newspaper or magazine, an applicant only has to apply to the commission, stating the name of the newspaper or magazine and the permanent address of the proprietor of the publication and paying a nonrefundable fee of 25,000 leones (US$8). Again, the only unofficial problem with the process is that the commissioner responsible for the registration of print media expects the proprietor of the newspaper to "wet his or her lips." This phrase denotes a kind of unofficial, illegal extortion or bribery that serves the enrichment of the employee. Wetting of lips is not just an individualistic exploit, but rather an aspect of the system or the way of doing things. Wetting of lips therefore has compelling redistributive nuances and is linked to the notion of sharing. It facilitates or expedites the process of registration. It means one has to grease the palm or wet the lips of an official before the official will perform the duty for which he is paid (World Press Review, [ LINK ]).
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| 6b: In law, where a print media license is necessary, there is an appeal mechanism if a license is denied or revoked. | ||||||||
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Comments: References: Abdul Rashid, Search for Common Ground/Talking Drum Studios, Freetown, September 11, 2007
Peer Review Comments: Yes, there is an appeal mechanism if a license is denied. The Independent Media Commission "may refuse an application for the registration of a newspaper or magazine but will give the applicant or legal practitioner representing him/her the opportunity to be heard. Where after the hearing under subsection (2) the Commission refuses to grant the application it shall by notice in writing inform the applicant of its decision. An applicant who is aggrieved by the decision of the commission in refusing to grant his application may appeal to the High Court within 30 days of being notified under subsection (3) and the High Court shall within 30 days of the receipt of the appeal make a decision thereon" (2000 Independent Media Commission Act, [ LINK ]). The commission exercised this prerogative in February 2002 when it suspended the African Champion newspaper and its managing editor, Mohamed Koroma, for two months for "professional misconduct" following publication of an article accusing Junior Kabbah, son of President Ahmed Tejan Kabbah, of "using Yugoslav Consul Adonis Aboud's diplomatic status to escape import duties." The commission seems to have acted outside the scope of its statutory powers in the way it reached its decision, so Koroma's lawyer, Crispin Edwards, challenged the decision and told the paper to ignore it. Realizing its mistake, the commission is said to have "kept a loud silence over this flagrant violation of its suspension order" and seems to be letting the matter die (World Press Review, [ LINK ]).
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| 6c: In practice, where necessary, citizens can obtain a print media license within a reasonable time period. | ||||||||
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Comments: References: Abdul Rashid, Search for Common Ground/Talking Drum Studios, Freetown, September 11, 2007 Elvis Hallowell, Country Director, Journalists for Human Rights, Freetown, October 19, 2007
Peer Review Comments: Yes, a print media license can be obtained within a reasonable time period. But unofficially, the commissioner responsible for the registration of print media expects the proprietor of the newspaper to "wet his or her lips." The phrase denotes a kind of unofficial, illegal extortion or bribery that serves the enrichment of the employee. Wetting of lips is not just an individualistic exploit, but rather an aspect of the system or the way of doing things. Wetting of lips therefore has compelling redistributive nuances and is linked to the notion of sharing. It facilitates or expedites the process of registration. It means one has to grease the palm or wet the lips of an official before the official will perform the duty for which he is paid (World Press Review, [ LINK ]).
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| 6d: In practice, where necessary, citizens can obtain a print media license at a reasonable cost. | ||||||||
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Comments: References: Abdul Rashid, Search for Common Ground/Talking Drum Studios, Freetown, September 11, 2007
Peer Review Comments: Yes, officially a print media license is reasonably priced at 25,000 leones (US$8) as per the 2000 Independent Media Commission Act ([ LINK ]). But the applicant is often expected to make an unofficial additional payment if he wants the license processed within a reasonable time period.
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| 7 | Are citizens able to form broadcast (radio and TV) media entities? | |||||||
| 7a: In practice, the government does not create barriers to form a broadcast (radio and TV) media entity. | ||||||||
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Comments: References: Abdul Rashid, Search for Common Ground/Talking Drum Studios, Freetown, September 11, 2007
Peer Review Comments: Yes, officially there are no barriers for Sierra Leonean citizens who want to form a broadcast radio or TV media entity. They simply file an application with the Independent Media Commission, with supporting documentation and the application fee. The commission "shall within five working days of the receipt of an application under subsection (1) of the Act acknowledge receipt of the application and shall within a reasonable period after the acknowledgement of the receipt, but not later than 60 days thereafter, inform the applicant in writing of the decision of the Commission regarding the application" ([ LINK ]). But again, unofficially, the commissioner responsible for the registration of radio or television stations expects the proprietor of the radio or television station to "wet his or her lips." The phrase denotes a kind of unofficial, illegal extortion or bribery that serves the enrichment of the employee. Wetting of lips is not just an individualistic exploit, but rather an aspect of the system or the way of doing things. Wetting of lips therefore has compelling redistributive nuances and is linked to the notion of sharing. It facilitates or expedites the process of registration. It means one has to grease the palm or wet the lips of an official before the official will perform the duty for which he is paid (World Press Review, [ LINK ]).
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| 7b: In law, where a broadcast (radio and TV) media license is necessary, there is an appeal mechanism if a license is denied or revoked. | ||||||||
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Comments: References: The Independent Media Commission Act grants rights of appeal to the High Court. Abdul Rashid, Search for Common Ground/Talking Drum Studios, Freetown, September 11, 2007. Elvis Hallowell, Country Director, Journalists for Human Rights, Freetown, October 19, 2007.
Peer Review Comments: Yes, there is an appeal mechanism if a license is denied. This is guaranteed by the Independent Media Commission Act of 2000, which states, "A person aggrieved by the refusal of the Commission to grant or renew his license under this Act or by suspension or cancellation of a license granted under this Act may appeal to the High Court within 30 days of the refusal, or suspension or cancellation, as the case may be, and the High Court shall within 30 days of receipt of the appeal make a decision" (Independent Media Commission Act, 2000, [ LINK ]).
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| 7c: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period. | ||||||||
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Comments: It is easier to get a radio license than one for a TV station References: Abdul Rashid, Search for Common Ground/Talking Drum Studios, Freetown, September 11, 2007 Elvis Hallowell, Country Director, Journalists for Human Rights, Freetown, October 19, 2007
Peer Review Comments: Yes, a broadcast media license can be obtained within a reasonable time period. But unofficially, the commissioner responsible for licensing broadcast media expects the proprietor of the broadcast media outlet to "wet his or her lips." The phrase denotes a kind of unofficial, illegal extortion or bribery that serves the enrichment of the employee. Wetting of lips is not just an individualistic exploit, but rather an aspect of the system or the way of doing things. Wetting of lips therefore has compelling redistributive nuances and is linked to the notion of sharing. It facilitates or expedites the process of registration. It means one has to grease the palm or wet the lips of an official before the official will perform the duty for which he is paid (World Press Review, [ LINK ]). The extorted amount is higher for broadcast media entities than for newspapers or magazines.
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| 7d: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost. | ||||||||
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Comments: References: Abdul Rashid, Search for Common Ground/Talking Drum Studios, Freetown, September 11, 2007
Peer Review Comments: Yes, officially a broadcast license can be obtained at a reasonable cost set by the Independent Media Commission. But the applicant is often expected to make an unofficial additional payment if he or she wants the license processed within a reasonable time period.
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| 8 | Can citizens freely use the Internet? | |||||||
| 8a: In practice, the government does not prevent citizens from accessing content published online. | ||||||||
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Comments: References: Mustapha Katta, Information Specialist, World Bank Sierra Leone Office, September 4, 2007, Freetown Elvis Hallowell, Country Director, Journalists for Human Rights, Freetown, October 19, 2007
Peer Review Comments: The government does not prevent citizens from accessing content published online, because the Internet is still growing and is unequally distributed in Sierra Leone. Many towns and villages in Sierra Leone have little or no access to affordable Internet service, and even in Freetown prices for Internet access are high. Besides, the Sierra Leonean government does not have the technology to identify, monitor, and track Sierra Leoneans; identify and block content; or efficiently control the behavior of Sierra Leoneans.
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| 8b: In practice, the government does not censor citizens creating content online. | ||||||||
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Comments: References: Mustapha Katta, Information Specialist, World Bank Sierra Leone Office, September 4, 2007, Freetown
Peer Review Comments: The Independent Media Commission has not provided any clear guidelines for regulating the Internet. So, in practice, the government does not censor citizens creating content online. Besides, the Sierra Leonean government does not have the technology to identify, monitor, and track Sierra Leoneans; identify and block content; or efficiently control the behavior of Sierra Leoneans.
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| 9 | Are the media able to report on corruption? | |||||||
| 9a: In law, it is legal to report accurate news even if it damages the reputation of a public figure. | ||||||||
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Comments: References: The Public Order Act (1965) criminalizes even accurate reports that damage the reputation of a government official
Peer Review Comments: Yes, I agree with the score. The Public Order Act of 1965 does criminalize even accurate reports that damage the reputation of a government official. The Committee to Protect Journalists has a catalog of previous cases in which the Public Order Act was invoked to criminalize the reporting of journalists. In January 2005, Anti-Corruption Commission officers detained reporter Unisa Bangura and editor Philip Neville and searched the Standard Times Press office and their homes. In February 2005, when Olu Gordon questioned Marine Minister Ibrahim Okere Adams -- who had been indicted by an anti-corruption commission but not fired, whereas two other indicted ministers had been dismissed promptly -- Gordon was summoned to the Criminal Investigation Department. Criminal charges were brought against managing editor Pratt and reporter Jones, of the private weekly The Trumpet. They were both detained at the CID and charged with "seditious libel" under Sierra Leone's draconian 1965 Public Order Act, which local journalists have long struggled to have removed from the books. Harry Yansaneh, acting editor of the daily For Di People, was assaulted on May 10, 2005. The attack was alleged to have been motivated by the newspaper's criticism of the Sierra Leone People's Party and the government. Yansaneh had taken over as senior editor following the imprisonment of For Di People's editor and publisher, Paul Kamara, in October 2004, on a conviction of seditious libel and a two-year jail sentence for articles that criticized President Ahmad Tejan Kabbah (CPJ, 2005, [ LINK ]).
Peer Review Comments: The use of libel charges is cause for concern, as noted also by Reporters Without Borders, and shows that Sierra Leone lacks the mechanisms needed for regulating the media. The debate about reform of the defamation law, already promised by former President Kabbah in 2005, is long overdue.
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| 9b: In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories. | ||||||||
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Comments: References: Abdul Rashid, Search for Common Ground/Independent Radio Network, September 11, 2007, Freetown
Peer Review Comments: The government does encourage self-censorship of corruption-related stories, though media owners tend to ignore it. Media owners and distribution groups often want to be the first to report on corruption-related stories, to increase sales of their papers, regardless of the consequences.
Peer Review Comments: The possibility of libel charges and the lack of a reform of the defamation laws may lead to self-censorship, as journalists have seen what may happen to them if they name and shame key political figures.
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| 9c: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories. | ||||||||
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Comments: References: Abdul Rashid, Search for Common Ground/Independent Radio Network, September 11, 2007, Freetown
Peer Review Comments: There is no pre-publication censoring. The print media can freely report on corruption but has to be prepared to face the consequences, since often the Public Order Act of 1965 is used against them.
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| 10 | Are the media credible sources of information? | |||||||
| 10a: In law, print media companies are required to disclose their ownership. | ||||||||
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Comments: References: Print media editors are required to affix their names to every copy of their newspapers. However, there are no requirements for print media companies to disclose the names of individuals who own them on their newspapers. However, the Independent Media Commission Act (2000) does require the disclosure of ownership.
Peer Review Comments: The Independent Media Commission Act of 2000 requires applicants for the registration of a newspaper or magazine to provide full disclosure of the names and permanent addresses of the proprietors.
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| 10b: In law, broadcast (radio and TV) media companies are required to disclose their ownership. | ||||||||
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Comments: References: Independent Media Commission Act (2000) requires the disclosure of ownership.
Peer Review Comments: There is such a law, as the Independent Media Commission Act of 2000 requires media companies to provide full disclosure of the names and permanent addresses of their proprietors.
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| 10c: In practice, journalists and editors adhere to strict, professional practices in their reporting. | ||||||||
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Comments: References: Abdul Rashid, Search for Common Ground/Independent Radio Network, September 11, 2007, Freetown Elvis Hallowell, Country Director, Journalists for Human Rights, Freetown, October 19, 2007
Peer Review Comments: In practice, journalists and editors are expected to adhere to a strict code of conduct. The Sierra Leone Association of Journalists, a non-political organization that seeks to improve the quality of journalism in Sierra Leone and protect the welfare of all media practitioners, is taking steps to ensure that journalists are professional in their reporting. SLAJ's efforts were evident in the laudable action it took prior to the August 2007 elections. With the support of the United Nations Integrated Office in Sierra Leone, it held four regional consultative meetings to draw up an Electoral Code of Conduct to guide journalists in reporting on the general elections. This culminated in a signing ceremony for the Media Code of Conduct at the Miatta Hall in Freetown on March 17, 2007 (Media Code of Conduct, [ LINK ]). The code emphasizes truthfulness and a balanced and fair account of events in reporting. However, there are still cases in which editors and reporters are not professional in their reporting. Some journalists engage in what is known as "coasting," or blackmail. Coasting is a significant source of revenue, accounting for 30 percent of reporters' income, according to one study. It involves journalists making demands for payment in exchange for keeping quiet about damaging information, whether real or fabricated. Coasting is the consequence of resourceful individuals adapting to a resource-poor environment. However, this does not make it defensible. The end result of widespread coasting is that journalists are mistrusted (WACC, [ LINK ]).
Peer Review Comments: Ethics and good professional practices are still not an integral part of journalism in Sierra Leone. One example is the mutual hostility between the editors of the Awareness Times and the Standard Times expressed in their respective newspapers. The campaign culminated in libel charges and included accusations of foul play, as the Awareness Times editor was seen as closely connected to then Vice President Solomon Berewa.
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| 10d: In practice, during the most recent election, political parties or independent candidates received fair media coverage. | ||||||||
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Comments: References: Interview with Valnora Edwin, Coordinator, Campaign for Good Governance, September 5, 2007, Freetown Interview with Elvis Hallowell, Country Director, Journalists for Human Rights, Freetown,
Peer Review Comments: Several political parties presented presidential and parliamentary candidates in the recent elections. These include the Sierra Leone People's Party, the All People's Congress, the People's Movement for Democratic Change, the United National People's Party, the National Democratic Alliance, the People's Liberation Party, and the Convention People's Party. Most of these parties revolve around specific personalities and have few followers. Clearly, therefore, the media played a role in providing more coverage to only the three major political parties -- the SLPP, the APC, and the PMDC -- and most of the coverage was not objective. All the other parties got very little coverage.
Peer Review Comments: A good part of the tension during this year's election was a consequence of the divisive partisan journalism prevailing in Sierra Leone. Pro-Sierra Leone People's Party media claimed that the elections were to be rigged by the United Nations and Western countries, and the two radio stations belonging to the SLPP and the All People's Congress fueled tensions between their supporters. As a consequence, several independent reporters had to go into hiding, as they got caught in the crossfire between the two rival parties.
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| 10e: In practice, political parties and candidates have equitable access to state-owned media outlets. | ||||||||
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Comments: References: Interview with Valnora Edwin, Coordinator, Campaign for Good Governance, September 5, 2007, Freetown Interview with Elvis Hallowell, Country Director, Journalists for Human Rights, Freetown,
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| 11 | Are journalists safe when investigating corruption? | |||||||
| 11a: In practice, in the past year, no journalists investigating corruption have been imprisoned. | ||||||||
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Comments: The Editor of the Standard Times, Philip Neville, was detained for more than 48 hours for publishing a story about alleged corruption involving some shipment of rice from Libya. References: Abdul Rashid, Search for Common Ground/Talking Drum Studios, September 11 2007, Freetown
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| 11b: In practice, in the past year, no journalists investigating corruption have been physically harmed. | ||||||||
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Comments: References: Abdul Rashid,Talking Drum Studios, September 11, 2007, Freetown Elvis Hallowell, Country Director, Journalists for Human Rights, Freetown, October 19, 2007
Peer Review Comments: Although they were not harmed due to work on specific corruption issues, several journalists were harmed and received death threats during the election campaign.
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| 11c: In practice, in the past year, no journalists investigating corruption have been killed. | ||||||||
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Comments: References: Abdul Rashid,Talking Drum Studios, September 11, 2007, Freetown Elvis Hallowell, Country Director, Journalists for Human Rights, Freetown, October 19, 2007
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