Freedom of expression, including
freedom of the media, are effectively
protected and promoted.
1.1
Freedom of expression, including freedom
of the media, is guaranteed in the constitution and
supported by other pieces of legislation.
Freedom of expression and freedom of the media derive naturally from freedom
of thought. This freedom is classified among the basic freedoms that the Togolese
constitution, in its preamble, has vowed to guarantee and protect.
In its article 25 the constitution provides that “every person has the right to
freedom of thought, conscience, religion, cult, opinion and expression”. However,
the basic law also points out that “in practising these rights and freedoms, the
rights and freedoms of others, of the public order and the norms established by
law and other regulatory provisions have to be respected”.
Article 26 specifically refers to the fact that the “freedom of the press is recognised
and guaranteed by the state. It is protected by law”. The same article provides
that the prohibition of a publication may be imposed only by a court order.
Section IX of the constitution introduces the High Authority of Broadcasting
and Communication (HAAC). According to article 130, the HAAC’s task
is “to guarantee and ensure the freedom and the protection of the media and
other means of mass communication”. The composition, organisation and modus
operandi of the HAAC are regulated by law.
The constitution says that “every person has the right to freedom of expression and
broadcasting by word, print or any other means, his/her opinions or information
that he/she holds …”, but it also clarifies that this must be done “within the
boundaries defined by law”.
While recognising the need to limit by law every freedom’s scope, panelists noted
that the definition of certain legal concepts and provisions in this regard is “fluid
or simply non-existent”. This opens them up to subjective interpretations that
different players may want to apply to them. For example, there is no definition
of “public order” anywhere in the country’s body of law. The meaning of the term
needs to be spelt out, in a clear and acceptable manner, by Togolese jurisdiction.

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