African Media Barometer TOGO 2010 Executive Summary The Togolese constitution, like those of other African countries, guarantees freedom of expression in general and freedom of the media in particular. It also makes provision for the setting up of the national media regulatory body – the Haute Autorité de l’Audiovisuel et de la Communication (HAAC) - and defines its role. However, Togolese legislation does not always spell out the exact meaning of certain concepts related to the freedoms invoked by the constitution. For instance, there is no clear and acceptable definition anywhere in the body of law of “public order” – a term used to justify restrictions on basic freedoms. When it comes to the actual exercise of freedom of expression panelists were divided. Some believe that after many years of oppression Togolese citizens today can speak out freely, unlike in the past when they had to be careful about what they said “even in their own homes”. Others think that there are some sensitive subjects that will always provoke reactions from the authorities. In particular they referred to the “high-handed interventions of the HAAC in the work of journalists and the media”. Citizens, including journalists, exercise their freedom of expression “at their own risk and peril” given that there are still attacks and threats against journalists. Togo’s legal framework is not repressive, but it does lend itself to excesses in its application. Such excesses are possible because of the vagueness of concepts such as “public order”, “defense secret”, etc. The constitution recognises the primacy of international instruments such as conventions, declarations, treaties, etc. to which the country is a signatory, but this do not always translate into their being applied in practice. There are no legal or regulatory barriers for entry into the journalistic profession but the Press Code defines how it is to be exercised. Among other things the code specifically says that journalists are not obliged to reveal their sources. However, the security forces often attempt to compel journalists to disclose their sources in the course of their investigations. By law, all citizens have unrestricted access to public information. In practice, however, there are many obstacles, the most important being undoubtedly the overzealousness of officials who take refuge behind their hierarchical structures. AFRICAN MEDIA BAROMETER TOGO 2010 75