Issue No. 600

Advancing Media Freedom in Somalia

On 17 August, Mohamed Ibrahim Bulbul, a journalist for Kaab TV and member of the Somali Journalists Syndicate (SJS), was arrested on his university campus after reporting on corruption involving Somalia’s police force. Despite appeals from the SJS and being cleared of all charges by Banaadir’s regional court on 25 September, he was transferred to Mogadishu’s Central Prison three days later. Tragically, his case is far from unique. Despite constitutional guarantees of media freedom, Somalia has witnessed a troubling erosion of this right in recent years, with journalists frequently facing intimidation, violence, and arbitrary arrest.

From June 2022 to June 2023 in Somalia and Somaliland, 63 journalists and reporters were detained or arrested, and four lost their lives. Over two dozen others were tortured by various federal and regional security forces. Two media stations were also forcibly closed. According to the Somali Mechanism for Safety of Journalists 2022-2023, Somalia is Africa's most dangerous country for journalists. Since 2010, over 50 journalists have been killed in the country, mostly by Al-Shabaab (AS). Many of their murders remain unsolved.

With corruption and state-sponsored violence pervasive, journalists in Somalia are working in an immensely complex and intimidating environment. Journalists routinely face arbitrary arrest and outdated legal proceedings in military or civilian courts and are often accused, without evidence, of disseminating AS propaganda. This stretches to the highest levels, as seen on 26 September 2020 when former Somali President Mohamed Abdullahi Farmaajo linked several journalists to AS.

More recently, the SJS Secretary-General Abdalle Ahmed Mumin was detained in October 2022 after the SJS and other media organisations criticised a Ministry of Information directive that prohibited them from quoting AS. Initially sentenced to two months in prison, criticism from rights campaigners and media advocacy groups eventually compelled his release. But Mumin was subsequently rearrested in February 2023 and sentenced to another two months in prison by Banaadir’s regional court. In mid-September, SJS and the Robert F. Kennedy Human Rights Centre submitted a complaint to the UN Human Rights Committee over his repeated detentions and harassment.

While Somalia’s Provisional Federal Constitution theoretically enshrines freedom of speech and press, the country’s perennial violence and instability have severely hindered the Somali government's ability to protect journalists. A failure to expand and develop legislation in subsequent years has left a media landscape without a clear set of laws or regulations.

Federal prosecutors still cite the Penal Code from 1964 in cases today. In Bulbul’s instance, the Office of the Attorney General charged him with 7 offences based on the Code, including Article 514, abusing the public's credulity, and Article 219, bringing the nation into contempt. The decades-old Penal Code contradicts both the country’s Provisional Consitution and the 1948 United Nations Universal Declaration of Human Rights. And more recent media legislation has also failed to quell repressive policing of the country’s journalists.

A draconian media bill passed in 2016 faced significant criticism from the National Union of Somali Journalists at the time. Subsequent amendments to the bill in 2017 and 2020 have failed to clarify the vaguely worded provisions that have been repeatedly misinterpreted and abused. Unclear restrictions remain on reporting that contradicts the “national interest,” disseminating “false information,” and incitement to violence.

Investigative reporting of military operations and corruption in Somalia and Somaliland carries particular risks. Prominent Somali-British journalist Busharo Ali Mohamed was recently sentenced to a year in prison by the Marodi Jeeh regional court in Somaliland. The charges against Busharo largely centred on accusations of disseminating information against Somaliland’s military and her criticisms of the judiciary.

Female journalists in particular also face significant barriers in their reporting, including the pervasive threat of gender-based violence and harassment. On social media, female reporters routinely receive threatening messages to intimidate but also to explicitly threaten them with violence, including death or sexual assault, should they pursue certain lines of reporting.

It is imperative that political, judicial, and security officials in Somalia, and Somaliland, publicly commit to ending the arbitrary arrests and prosecution of journalists. Journalists must be able to report without fear of being targeted for their work. In this light, government officials should refrain from making negative and intimidating remarks that put journalists at risk.

One step toward safeguarding and clarifying freedom of speech and press in Somalia is the immediate review and amendment of the problematic provisions in the country’s media legislation. These provisions should be aligned with international human rights standards and the Provisional Constitution to ensure journalists can operate without fear of reprisals.

Beyond just the media law, there is also a pressing need for a comprehensive review of the Penal Code and other laws that impede media freedom. Legal reforms, coupled with robust journalist protection measures, are vital steps. Media freedom in Somalia is not just about safeguarding journalists' rights; it is integral to building a democratic society founded on transparency and accountability.

By the Somali Wire team