SECTOR 1

1.1 Freedom of expression, including freedom of
the media, is guaranteed in the constitution and
supported by other pieces of legislation
The Constitution of the Republic of Cameroon has not changed since it was last
revised in 1996 and amended in 2008. It grants citizens a range of fundamental
freedoms that are inspired by the Universal Declaration of Human Rights, the
Charter of the United Nations, the African Charter on Human and Peoples’ Rights,
and other international treaties and conventions. On the rights to freedom of
expression and of the media, it stipulates that ‘the freedom of communication,
of expression, of the press, of assembly, of association, and of trade unionism,
as well as the right to strike, shall be guaranteed under the conditions fixed by
law’.1 Freedom of expression, including freedom of the media, is thus guaranteed
in the Constitution.
In 1990, Cameroon passed a law on social communication, along with a range
of freedom laws. This law has not changed since its enactment. Amongst other
things, it sets out the framework under which freedom of the press is exercised
(Article 1). The law introduces the notion of ’press organs’, which it defines
as periodic and regular publications that spread thoughts, ideas, opinions and
news2. Drawing on the Constitution, the 1990 law enshrines the freedom to
publish press organs (Article 6) yet empowers administrative authorities to
seize or ban print media that breach public order (Article 17). While the Social
Communication law of 1990 grants the freedom to create audiovisual media,
broadcasting is governed by the prime minister’s decree issued in 2000, which
lays down licensing conditions and defines the scope of the broadcasting sector
to include production, transmission and airing. Critics of the decree postulate
that broadcast licensing fees, which range from 5 to 100 million CFA (about
9,000 to 118,000 USD) every five years are restrictive.
In summary, the Constitution guarantees the right to freedom of expression
and of the press. However, it is debatable that the Social Communication law
of 1990 and other legislation regulating the media sector can be described as
supporting or upholding these guarantees. Critics point to the vague notion of
breaching public order, under which freedom of expression and the press can be
denied as a legal loophole deliberately created to circumvent the Constitution.
Furthermore, the law appears to narrow press freedom to mean the freedom to
create and operate news organisations. Neither the constitution nor the Social
Communication law of 1990 makes direct mention of the practice of journalism.
Consequently, journalists can only exercise freedom of expression under the
same regime available to other citizens. One panellist noted:
freedom of the press is related to a profession and responds to the
way the journalistic activity is organised. Journalists run a higher risk of
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2

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Preamble, Law No. 96-06 of 18 January 1996 to amend the Constitution of 2 June 1972.
According to the 1990 law, press organs exclude scientific, artistic, cultural, technical and professional publications.

AFRICAN MEDIA BAROMETER CAMEROON 2018

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