CI-NEWS

The sanctions are really dissuasive

2019-11-19

No: 456

“The sanctions are really dissuasive” - Ndangoh Tah Calvin, Barrister and Solicitor in Yaounde.

The use of hate speech and tribalism, especially through the media is on the rise in Cameroon. As a legal practitioner how do you to assess the impact of this trend of events?

Of course it has been very regrettable and for some time now. Our Penal Code had never sanctioned it. Our Penal code had never condemned the use of hate speech. Particularly with the advent of the social media, hate speech has become so viral as people hide behind the key boards of their telephones and send all kinds of messages that can endanger social peace in the country.

And the bill amending the Penal code tabled in Parliament

The bill to amend and supplement some provisions of the Law on the Penal Code that has been tabled in Parliament is of course welcomed. This is because if we claim that we are all Cameroonians and can stay anywhere, there is need for that status quo to be protected by law. This law punishes those who by way of hate speech cause social instability or ignite, instigate violence through hate speech.

Hate speech has been criminalized and the people can face a jail term of up to three years. There is also the possibility of damages caused. Even though the law says that you can pay a fine of FCFA 300, 000 to FCFA 3, 000, 000, the damage caused by hate speech can go into billions, especially if from that speech violence is perpetrated among the people. If you make a speech and you keep in your cupboard or phone, nobody will punish you. But it becomes punishable when you publish it through the social media, face book, radio, newspaper or television or make the speech in a rally and in church. It even becomes aggravating when one is a politician, religious leader. The law had not said that the speech must degenerate into violence. Making the hate speech alone to the hearing of one or two people is enough to go jail. That is the essence of the bill that has been tabled in parliament. With the law, people will be careful using tribal or regional tags on others.

Are the sanctions provided for in the bill dissuasive enough?

The sanctions are really dissuasive. Imprisonment from one to two years is not all that small. These are equally aggravating circumstances if you are a government worker, journalist, priest, politician. Aggravating circumstances means that they can double the sentence. This does not tie the hands of the magistrate who is giving the judgment. The consequences of your act can cause a certain judge to go beyond what is prescribed in the law. We should note that there are circumstances that aggravate the sanctions depending on the caliber of the person concerned.

When the bill will become law, do you think it will attenuate the social tension that has been boiling in the country for some time now?

It will have an impact but to a lesser extent. Now it is the state of the mind. It is going to limit the way people are tagged. The fact that people will not make hate speech openly will actually start reducing the social tension.

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The sanctions are really dissuasive