SECTOR 1 1.1 Freedom of expression, including freedom of the media, is guaranteed in the constitution and supported by other pieces of legislation The constitution of Benin states the following: The freedom of the press shall be recognized and guaranteed by the State. It is protected by the High Authority for Broadcasting and Communication (HAAC) under the conditions set forth by an organic law. [Article 24] Article 25 also grants citizens the freedom to assemble and to demonstrate. These guarantees are asserted in the law creating the HAAC (Articles 1 and 2), the Information and Communication Code (Article 6), as well as the Digital Code. The purpose of the Information and Communication Code is: to define the rules governing free expression related to information and communication activities and the exercise of such activities in the Republic of Benin; to organise the freedoms of information and communication as guaranteed by the constitution, the African Charter on Human and Peoples’ Rights and the organic law relating to the HAAC and to set the rules governing the conditions for creating press and communication entities. It states in Article 6: The freedom to speak and to write, to print and to publish, to read and to receive information, ideas, thoughts and opinions of one’s choice is guaranteed in the Republic of Benin. Setting up, operating and using communication infrastructures and services, broadcasting and receiving audio-visual programmes are free. Creating a press company in order to exercise these freedoms is also free. But the Information Code promulgated in 2015 has introduced more stringent provisions that require would-be developers to create a LLC or a company first. The HAAC delivers the authorisation documents. However, these freedoms are exercised while complying with the law, the duty of truth, professionalism, ethics and pluralism of currents of thought and opinion. The new amendments to the Penal Code clearly undermine these guarantees, panellists stated. In the new Penal Code (which has not yet been promulgated) the offence of contempt, which was applied for magistrates, has been extended to all public authorities. A panellist insisted on the fact that there is a fear that ‘for a yes or a no, or a reckless gesture, a citizen is subject to contempt’. 9 AFRICAN MEDIA BAROMETER BENIN 2018