While the Constitution protects free expression, many citizens feel inhibited from speaking out for fear of repercussions from the authorities. This trend has intensified in recent years, particularly since the PPP/C party, which was re-elected on September 1, 2020, returned to power.
In recent years, the government has had access to a substantial flow of revenue from a large oil field discovered in 2015 by ExxonMobil in the Atlantic Ocean. Reserves are estimated to be over 11 billion barrels of oil. These funds have further strengthened control over the media and social media platforms, and it is feared that this control will intensify.
There is concern that verbal attacks on civil society by pro-government media and social media influencers will escalate.
Several civil society groups have been criticized by those in power, such as the Guyana Press Association (GPA), the local office of Transparency International, the Transparency Institute Guyana Inc., the Guyana Human Rights Association, and a women's group called Red Thread.
In recent years, the government has launched harsh attacks against the president of the GPA, journalist Nazima Raghubir, whom it accused of being an opposition supporter. The attacks intensified after a pro-government candidate failed to win the GPA elections. Since then, a new GPA leadership has been elected, and it has continued to be labeled an anti-government organization.
The Access to Information Act, approved in 2011, remains ineffective despite numerous requests from media outlets and journalists. Several protests were unsuccessful due to the partiality of the authority, considering that the Information Commissioner is a former attorney general whose son is a current government minister.
In 2018, the Cybercrime Act was passed, which has been used to silence online voices, and there is concern that it may be used even more during the next election period. Although the current government criticized it while in opposition, it remains in force without modifications.
Criminal defamation law dates to the colonial era and remained in place despite protests. However, on June 20, the acting Chief Justice, Roxane George SC, declared that the defamation law is unconstitutional. The judge said that Article 113 of the Criminal Law Act, which criminalizes defamation, violates Article 146 of the Constitution, which guarantees freedom of expression. She said that resorting to criminal defamation to protect individual reputation is "unnecessary, disproportionately excessive, and unjustified." She added that in a democratic society, "if someone feels aggrieved by what has been said to them, they can file a civil lawsuit." And she argued, "It should not be for the State, through any police arm, to charge people for criminal defamation."
While criminal defamation has now been eliminated, civil lawsuits continue to pose a problem for journalists, as judges have issued judgments that are very costly.
Journalists depend on a regular and free flow of information through press conferences. However, during his 2020-2025 term, President Irfaan Ali held only three press conferences. After his re-election, President Ali held a press conference on September 16. Still, some media outlets were excluded, the session was limited to only six questions, and follow-up questions were not allowed.
There are four private newspapers and a multiplicity of private television and radio stations. The State owns media in all sectors, including a newspaper, and has a significant presence on social media. Through the oil revenues at its disposal, the government holds a dominant position and can offer better salaries than privately owned media, which represents an indirect threat to press freedom.
This year, the government withheld state advertising payments to the newspaper Stabroek News for eight months as a pressure tactic against its independent voice.
