SECTOR 1

Scores:
Individual scores:
1

Country does not meet indicator

2

Country meets only a few aspects of indicator

3

Country meets some aspects of indicator

4

Country meets most aspects of indicator

5

Country meets all aspects of the indicator

Average score:

1.7

1.3 There are no laws or parts of laws restricting freedom of expression such as excessive official secrets or
libel acts, or laws that unreasonably interfere with the
responsibilities of media.
The Congolese media landscape is laden with contradictions. What the law
grants in one provision, it takes away in another. The 2001 law on Freedom of
Information and Communication, for example, does not restrict entry into the
journalism profession. It defines a journalist simply as anyone whose principal and
regular occupation is the production of editorial content (Articles 87 and 88). Yet,
the same law grants a largely government-appointed commission the power to
issue (and withdraw) press cards. The criteria for the attribution of press cards to
journalists is yet to be formulated but people in the industry fear it could be used
to filter entrants into the profession.
Civil servants are obliged to exercise “discretion”, “secrecy” and “reserve” in
their daily conduct of business2. These obligations are extended to journalists
working for the public media3. Other public services not governed by the general
statutes of the civil service have also developed internal mechanism to check the
free flow of information to the public. Military and security forces also operate
excessive secrecy rules that are often secret themselves.
However, Congo is one of the few countries in Central Africa that have abolished
prison sentences for media offences. Fines, which used to be as high as CFAF 24
million (about 36,500 Euro) have also been reduced to a few million francs. Yet,
many news media owners still think the fines often imposed by the courts are
exorbitant, compared to the size and economic strength of the Congolese media.

2
3

Loi organique N°4-2003 du 18 janvier 2003
Code du travail de la République du Congo

AFRICAN MEDIA BAROMETER REPUBLIC OF THE CONGO 2013

77

Select target paragraph3