SECTOR 1

1.3 There are no laws or parts of laws restricting freedom of expression such as excessive official secrets or
libel acts, or laws that unreasonably interfere with the
responsibilities of media.
Article 68 of Law no. 2004-643, pertaining to the media, “rules out imprisonment
for media offenses”. Media offences are seen to be: offenses against law and
order, offenses against people and goods, offenses against the Head of State
and foreign diplomats, publishing banned publications and offenses against
institutions and their members.
Meanwhile, article 69 of this law passed in 2004 prescribes that articles 174 and
175 of the penal code make provision to sanction “anyone who through media:
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incites to theft and plundering, beatings and wilful injuries and
murder, to fires and the destruction by whatever means of public and
private property, to all forms of physical and psychological violence
committed towards people as well as their property or condones such
crimes and offences;
incites xenophobia, tribal violence, religious hatred, racial hatred and
hate in any form;
denies war crimes or collaborates with the enemy
incites the military and armed forces to insubordination and rebellion;
threatens the integrity of the national territory, internal and external
security of the State.”

Overall, the panellists believe that Law no. 2004-653 of December 2004 is “a law
of quality” given that it ensures the decriminalisation of media offenses. Certain
articles of the Penal Code, however, open a gap for magistrates to interprete
and condemn journalists, particularly for matters relating to national security.
Even if, for example, information is accurate and can affect national defence,
the author of such information can be punished. A panellist gave the example
of a journalist who was arrested for stolen goods on the basis of the Penal Code
because he made deliberations held by the Constitutional Council public before
their publication.

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AFRICAN MEDIA BAROMETER COTE D’IVOIRE 2012

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