SECTOR 1

1.7
Confidential sources of information
protected by law and/or the courts.

are

Aside from the code of professional conduct, there are no legal provisions to protect
confidential sources of information. Not revealing their source of information in
a court of law is an aggravating factor for journalists. Certain judges, during libel
cases, are outraged by the refusal of journalists to reveal sources of information
they intent to protect. In the case of information derived from an administrative
document, the refusal of journalists leads judges to sentence them for possession of
administrative document. A few years ago, many publications directors unaware of
this penal code provision awkwardly paraded copies of administrative documents
as proof during libel cases. This was the case for the journalist Edgar Kaho of the
newspaper “Le Soleil” regarding the ten million francs paid in the 80s at the onset
of the democratic renewal process to cover the healthcare costs of Mrs. Rosine
Soglo, then First Lady. Nowadays, lawyers and legal counsels ensure publications
directors avoid such blunders during trials.

Scores:
Individual scores:
1

Country does not meet indicator

2

Country minimally meets aspects of the indicator.

3

Country meets many aspects of indicator but
progress may be too recent to judge.

4

Country meets most aspects of indicator.

5

Country meets all aspects of the indicator and has
been doing so over time.

Average score: 			

1.3

(2007=1.0)

1.8
Public information is easily
guaranteed by law, to all citizens.

accessible,

TThere are no legal provisions to ensure easy access to public information for
citizens. A draft information code is being prepared and could be a solution to
the current situation.
Journalists are often obliged to use alternative methods that are sometimes
breaking administrative rules. As a consequence, during libel cases journalists are
forced to protect their sources. Media houses have been sentenced in certain cases
for possession of administrative documents.

78

AFRICAN MEDIA BAROMETER BENIN 2009

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