SECTOR 1

in recent years. ‘The fear of retaliation is rampant.’ In general, citizens are less
likely to speak freely for fear of reprisals.
Taxes seem to have become a repressive tool against discordant voices. According
to a panellist, ‘Every time you speak against the government, a tax recovery
operation follows almost the next day.’ This fear of a potential tax recovery
and the fear of reprisal have, to some extent, undermined the ability of some
organisations and individuals to exercise civic oversight of public action.
Certain provisions of the Penal Code (which has been voted on but is not yet in
force) widen the scope of actions which may be deemed as an offence of affront.
This could prevent citizens from expressing themselves freely. State authorities
may also use the powers conferred on them by the Intelligence law to target
citizens without any due process. This law empowers the state to intercept
the phone calls of any citizen for the purpose of investigating national security
matters. In this environment, it is difficult to imagine that citizens and journalists
enjoy their right to freedom of expression without fear.
Some panel members felt that the level of fear, as described, was exaggerated.
They pointed out that social media gives people more ways to express themselves
and that taxes cannot be used against law-abiding citizens and organisations,
especially those that are not in arrears with the tax authorities.

Scores:
Individual scores:
1

Country does not meet indicator

2

Country meets only a few aspects of indicator

3

Country meets some aspects of indicator

4

Country meets most aspects of indicator

5

Country meets all aspects of the indicator

Average score:

✓
✓✓✓

✓✓

✓✓

✓
✓

✓✓

2.0 (2007 = 2.0; 2009 = 2.2; 2011 = 2.4; 2014 = 1.7)

1.3 There are no laws or parts of laws restricting
freedom of expression such as excessive official
secret, libel acts, legal requirements that restrict the
entry into the journalistic profession or laws that
unreasonably interfere with the functions of media
The Information and Communication Code and the law establishing the HAAC
contain restrictions on the practise of freedom of expression. Both laws state that
freedom of expression may be denied if, among other things, it threatens public
order and national security.

11

AFRICAN MEDIA BAROMETER BENIN 2018

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