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Kigali’s new penal code bans ‘bold’ editorial cartoons

Saturday July 14 2018
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Newspaper vendors in Kigali. Cartoons that portray leaders in an unflattering manner have been criminalised. PHOTO | NMG

By IVAN R. MUGISHA

Even as journalists in Rwanda have a sigh of relief over the revised penal code, where general defamation — which previously attracted jail time of up to one year and a fine of Rwf5 million ($5,800) — will now be reported to an independent body, the Rwanda Media Commission, the drawing of cartoons that portray politicians/leaders in an unflattering manner will become criminal.

Article 233 prohibits writings or cartoons that humiliate Members of Parliament, ministers, other government authorities and security agencies “when they are exercising their mandate.”

An individual who draws such a cartoon risks imprisonment of up to two years, and a fine of up to Rwf1 million ($1,145). If the cartoon targets a session of parliament or “top ranking official,” the penalty is doubled.

However, media experts say this law will grossly limit the ability of journalists to hold public officials to account.

“In journalism, cartoons are by nature humorous, thus it is easy for the subject to perceive them as humiliating even when the intention is quite different,” said the executive secretary of the Rwanda Journalists Association Gonza Muganwa.

“This law is a classic case of people legislating to protect themselves rather than looking out for the interests of the public.”

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Parliament passed the new law last month. It now awaits presidential assent before it is officially published.

Some forms of defamation on the other hand, remain criminal, such as defaming the head of state, which attracts five to seven years in prison and a fine of Rwf7 million ($8,140).

Most of Rwanda’s laws have come under review as government seeks to align them with the Constitution as amended in 2016, and also to ensure that new and emerging crimes are punished.

Photoshop artists will also find themselves on the wrong side of the law as parliament did not withdraw from the penal code an article that forbids the publication of “edited images and photos without explicitly stating that it is not the original version.”

The penalty remains six months to one year in prison, although the maximum fine was slashed to Rwf2 million (2,290), from Rwf5 million.

Another controversial topic — abortion — remains illegal, other than in instances of rape, defilement, incest, forced marriage and health complications.

Civil society actors did score a significant victory after the penal code allowed doctors to induce an abortion legally without requiring a court order. They however want government to also allow qualified health workers to also conduct abortions.

“The law should be flexible; not everybody can access a doctor in Rwanda. Qualified health workers are more accessible across the country,” said the executive director of Health Development Intiative, Dr Aflodis Kagaba.

Several other offences and penalties were removed from the penal law and inserted in over 20 independent laws.

State Minister in charge of Constitutional and Legal Affairs Evode Uwizeyimana said the new law represented a major achievement for parliament ahead of elections in September.

“The rationale of the changes was to ensure that punishments are up to date; and that is why some crimes have been removed from the penal code,” he said.

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