African Media Barometer BENIN 2014 Summary Freedom of expression – including that of the media – is guaranteed and protected by the Constitution and the laws of Benin. However, the exercise of that freedom has deteriorated considerably during the last three years, and very few citizens dare to express this right without fear. Journalists, magistrates and even Members of Parliament, who enjoy immunity, emphasize the fear associated with the exercise of the right to express oneself, bearing in mind the possible reprisals. There are restrictions which limit the exercise of the right to freedom of expression. Insulting the Head of State and foreign diplomats, publication of state secrets, concealment of administrative documentation are offenses provided for and penalized by law, and which encroach unreasonably on the functions of the media. The same holds for pre-trial detention in the case of press offenses. Notwithstanding this, the Government of Benin has signed and ratified most of the regional and international legal instruments which guarantee freedom of expression. No law protects confidential sources of information. But in several defamation cases, the courts have imposed suspended sentences on journalists, and no journalists have been jailed for refusing to reveal their sources. Civil society organisations and the media uphold the freedom of the press as best they can. But legislation on the media in Benin has not always been the result of in-depth consultation between institutions, citizens and interest groups. The absence of a law establishing access to information makes public information difficult to access and offers citizens no guarantee. A coalition of civil society organisations and the media has been working since 2014 around a bill introduced in Parliament on the right of access to information for all citizens, including journalists. Regarding print publication all that is required is a declaration to the Department of Internal Affairs, a division of the Ministry of the Interior. However, for some time now, an amount of 50,000 CFA francs (about 100 US dollars) is required to validate the declaration – which, in practice, is tantamount to authorisation. Promoters of Internet sites and blogs are not authorized to make a declaration or to have prior authorisation. Act No. 2014-14 passed on 9 July 2014 governs electronic and postal communications. The State does not block Internet content, but it has forbidden certain Internet sites from receiving content deemed to be 60 AFRICAN MEDIA BAROMETER BENIN 2014