SECTOR 1 However, the panel considered that these clauses were not well-defined and could therefore be misinterpreted and abusively applied by state authorities. While the law seems to guarantee freedom of expression, it simultaneously introduces controls that restrict the enjoyment of this freedom. The Digital Code criminalises several offences related to the exercise of freedom of expression, which could affect citizens’ ability to express themselves freely. Articles 547 to 560 punish a wide range of offences related to ‘abusive content and online press offenses’ with imprisonment and fines. Article 558 states: A person who commits a press offense, including defamation, public insult, apologia of crime, through a public electronic communication means, shall be punished with the same penalties as those provided for by law no. 2015-07 of March 20, 2015 on the Information and Communication Code, whatever the medium used. Panel members agreed that certain restrictions on freedom of expression could serve a legitimate purpose. Panellists stated that all countries have such restrictions, but noted that those in Benin were excessive. A member of the panel posited that at least two-thirds of the legal provisions on information and communication were restrictive in nature. 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: ✓ ✓✓✓ ✓✓ ✓✓✓ ✓✓ ✓ 1.7 (2007 = 1.4; 2009 = 1.5; 2011 = 2.5; 2014 = 3.4) 1.4 The government makes every effort to honour regional and international instruments on freedom of expression and freedom of the media Benin has ratified all international and regional instruments, including those relating to freedom of expression. These instruments become part of the national laws once they are duly ratified, in accordance with the constitution. In case there is a conflict with national laws, the ratified international instruments take precedence.2 2 12 Article 147 – Constitution of the Republic of Benin. AFRICAN MEDIA BAROMETER BENIN 2018