Silence has entered our homes : Salomey Awiti Bafoh and the chilling effect of free expression in Ghana

In Federation of African Journalists and Others v Republic of The Gambia, the ECOWAS Court held that Gambian criminal laws on sedition, defamation and false news violated freedom of expression and liberty and required the State to bring its legal framework into conformity with its international obligations.

The European Court has put the point in terms that travel well beyond Europe: even relatively modest criminal sanctions may chill expression, and State institutions should show restraint where criminal proceedings risk inhibiting public debate.

The Committee later incorporated that principle into its general guidance on fair-trial rights: the administration of criminal proceedings may itself impair rights beyond the courtroom when delay, uncertainty or intimidation deter expression.