SECTOR 1 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. The Constitution of the Republic of Benin (article 23 and 24) guarantees and protects freedom of expression, including freedom of the media. Article 23 of the Constitution stipulates that “all individuals have the right to freedom of thought, conscience, religion, worship, opinion and expression in respect of public order established by law and regulations”. Article 24 stipulates that “freedom of expression is recognized and guaranteed by the State and protected by the Higher Broadcasting and Communication Authority (HAAC) within the conditions set forth by an ‘organic law’ ”. However, certain legislative and regulatory provisions in addition to government practices observed over the past few years constitute restrictions to freedom of expression towards the media, particularly in the public sector. Journalists believe that freedom is guaranteed by the Constitution and restricted by laws and regulatory instruments. They illustrate their analyses by referring to certain shortcomings of the organic law on the HAAC (Higher Broadcasting and Communication Authority) with regard to the granting of frequencies and the appointment of public service media managers, the provisions of the media act and the law on the liberalization of the broadcasting sector, as well as the absence of a specific tax regime for the media. Most panel members acknowledge that there is no freedom without limits. However, they believe that certain legal restrictions and their interpretation or application by public authorities are really barriers and obstacles to freedom of expression. As an illustration: 1. Custodial sentences for violations of the Media Act (law nr. 60-12 of 30 June 1960, ordinance nr. 69-22 PR/MJL of 4 July 1969, law nr. 97-010 of 20 August 1997); 2. Penal provisions for possession of administrative documents and the absence of a law on access to information sources. 72 AFRICAN MEDIA BAROMETER BENIN 2009