African Media Barometer Benin 2018 Summary In Benin, the constitution guarantees freedom of expression and freedom of the press. Certain laws, including the legislation which established the High Authority for Broadcasting and Communication (HAAC in French), protect these freedoms. However, the reintroduction of the offence of insult to the head of state into the Penal Code (which had previously been abolished) clearly undermines the protection of freedom of expression and freedom of the press. After the controversial adoption of the Intelligence Act, citizens of Benin live with the fear of having their communications wire-tapped by authorities. This is increasingly perceived as a lack of tolerance towards freedom of expression. Currently, there has been no reported case with sufficient evidence of citizens being wire-tapped: however, the rumour is persistent in the country. To work around this threat, citizens are using secure messaging applications such as Signal and WhatsApp. Moreover, government officials are also concerned that their communications may be intercepted and they increasingly prefer to speak of certain subjects face to face, at home and in their private circles. In this environment of suspicion, journalists often receive threats over the phone after publishing or distributing information that criticises the government. Benin has ratified all international and regional instruments, including those relating to freedom of expression, however, implementation seems to be lacking. For example, before the adoption of the Information Code in 2015, all one needed to create a newspaper or magazine was a declaration to the Ministry of the Interior, which was followed by the delivery of a receipt. Today, the law governing this process is stricter. Any individual or entity wanting to set up a media house is now required to first create a Limited Liability Company (LLC) or a company; it is the responsibility of the HAAC to issue an acknowledgement. The HAAC is also the entity that authorises the creation of websites offering broadcasting and written media communication services. However, creating and hosting blogs is not subject to any prior authorisation. According to the law, journalists in Benin cannot be forced to disclose their sources of information. Media and civil society organisations (CSOs) continue to advocate for a genuine law on access to information. Nevertheless, law no. 2015-07 of 20 March 2015 relating to the Information and Communication Code in the Republic of Benin provides, in Chapter V, provisions on access to public sources of information. 4 AFRICAN MEDIA BAROMETER BENIN 2018