AFRICAN MEDIA BAROMETER
BENIN 2011
Summary
In principle, the legislation and regulatory provisions have created a conducive
environment for the media to lourish in Benin. he Constitution guarantees
the freedom of the media and the freedom of expression in general, as well as
the citizens’ right to information. he law regulating the operations, rights and
responsibilities of the media is even embedded in the Constitution.
Of the articles in the Constitution concerning the media, only one, (article 23),
is of concern. his article conveys the worrisome impression that the “respect for
public order” is where the freedom of expression ends. his notion lends itself to all
forms of interpretation since it is not deined. Other regulatory instruments also
prohibit “the propagation, the broadcast, the spread and retransmission of false
information” (Decree No. 69-22 PR/MJL of 4 July 1969).
In practice however, the laws and regulations on freedom of expression
are sometimes misinterpreted and rendered less efective. At times public
demonstrations are surpressed and public service oicials are reluctant to express
themselves for fear of being arbitrarily sanctioned. On the other hand, ordinary
citizens who have nothing to lose, take advantage of their anonymous status to
freely express themselves especially through call-in programs on the radio. he
challenge to freedom of expression is therefore experienced especially when it
comes to its practice.
Benin has ratiied many regional and international instruments on freedom of
expression. he African Charter on Human and Peoples’ Rights has even been
inserted in the Constitution.
No legal or regulatory mechanisms have been instituted to prevent journalists
from doing their professional work. he panelists are not totally in favor of this
practice since, in their opinion; it will have an impact on the quality of media
content.
Another factor which impacts content is the lack of protection for conidential
sources of information. his is why some journalists were sentenced for refusing to
disclose their source of information to judges.
It is also diicult to gain access to public information. Public service oicials,
who feel obliged to be silent on even the most basic information, sometimes have
to resort to organizing leakages. Sometimes there are cases of state interference

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