On 10 April 2006, Lamin Fatty, a reporter of The Independent Newspaper was arrested by the National Intelligence Agency (NIA) and detained for 63 days contrary to the requirements of the constitution that a detainee must not be held for more than 72 hours without being taken before a competent court of law. Lamin Fatty has been charged with false publication contrary to the Criminal Code (Amendment) Act 2004 and if found guilty is liable to a fine of between D50,000 and D250,000 or imprisonment for a minimum period of one year in accordance with the Criminal Code (Amendment) Act 2005.

On March 27 2006, the editor-in-chief of The Independent newspaper, Musa Saidykhan, was arrested on 28 March 2006 and detained for 21 days. The General Manager Madi Ceesay was arrested and detained for 22 days. The premises of The Independent has been inoperative since 28 March 2006.

Apart from The Independent, the only private radio stations that have been broadcasting local news items - Citizen FM and SUD FM remain closed without any court order.

Section 25(1) (a) of the Constitution stipulates "freedom of speech and expression, which shall include freedom of the press and other media."

Section 207 (1) of the constitution also states "Every person shall have the right to freedom and independence of the press and other information media are hereby guaranteed."

The constitution even gives the media responsibility to scrutinize the government. It states in Section 207 (3) "The press and other information media shall at all times, be free to uphold the responsibility and accountability of the Government to the people of The Gambia."