SECTOR 1 1.3 There are no laws restricting freedom of expression such as excessive official secret or libel acts, or laws that unreasonably interfere with the responsibilities of media. One panelist summed up the legal and regulatory framework regarding freedom of expression in these terms: “We have normative texts that we apply excessively.” Another concurred: “In Togo we are champions when it comes to norms and standards. It’s at the level of implementation that we sin.” The entire panel agreed on the quality of texts and legal provisions that enshrine the right to freedom of expression and freedom of the media. They also noted with satisfaction that there is no specific law on state secrets. Act 98 -004/PR of 11 February 1998 on the Press and Communication Code, amended in 2000, 2002 and 2004, decriminalises acts of libel by the media. A recent amendment to the law that governs the establishment and organisation of the HAAC seems to have removed the authority’s power to temporarily suspend a media outlet. However, there is no clarity on whether this provision has already entered into force because the new text has not yet been published in the official gazette. As one panelist pointed out, the constitution does contain references to “defense secrets”. Article 2 of the Press and Communication Code provides that in the exercise of freedom of the media regard is to be had to the imperatives of national defense and security, among others. In practice, these provisions make it difficult to access certain information. Information related to the preparedness of the Togolese armed forces, for example, is protected as a “defense secret”. It may be readily obtainable from foreign sources, but the fact remains that in many countries this type of information is freely accessible. This shortcoming is exacerbated by the absence of a law on access to information which would determine how public information can be requested and obtained. AFRICAN MEDIA BAROMETER TOGO 2010 85