SECTOR 1

Freedom of expression, including
freedom of the media, is 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.
The Gabonese Constitution1 provides freedom of expression to all citizens,
including journalists. It recognizes the freedom of expression as part of democratic
expression2.
This freedom is reflected in the Code3 of Audiovisual, Cinematographic and Written
Communication of 20014, which provides the legal framework of the sector in
which the media operates. In its Article 3, the Code states that “audiovisual and
cinematographic communication is free in the Gabonese Republic.” However,
the same article adds that this freedom is “subject to the respect of public order
and the dignity of citizens.” Furthermore, Article 42 establishes a central role to
freedom of expression in the democratic process of the country. This article states:
“Within the definition of this law, democratic expression shall mean.
•
Pluralism of opinion
•
Pluralism and the independence of the media
•
The free circulation of information
•
Free access of citizens to public or private media
•
The fair access of political parties and associations to public or private
media.”
Law No. 14/91 related to the Organisation and Functioning of the National
Council for Communication provides in turn a guarantee of freedom of expression
by creating a Council responsible for ensuring “complete independence and
impartiality” (i) in respect of the expression of democracy and freedom of the press
throughout the territory, and (ii) the access of citizens to free communication.
Gabon has also signed and ratified several international instruments, such as the
Declaration of the principles of freedom of expression in Africa, which guarantee
freedom of expression.

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Law No. 3/91 of March 26, 1991, amended by the law No. 1/94 of March 18, 1994, law No. 18/95 of September
1995, law No. 1/97 of April 22, 1997, law No. 14/2000, and law No. 13/2003 of August 19, 2003.
Article 94 and 95
Corpus of legislation
Law No. 07/2001

AFRICAN MEDIA BAROMETER GABON 2016

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