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.
Law No. 90-32 of 11 December 1990 which in current Constitution of the
Republic of Benin oicially protects and guarantees the freedom of expression
including the freedom of the media stated respectively in articles 23, 24 and 25.
On the basis of article 23 clause 1: “Everyone has a right to the freedom of
thought, of conscience, of religion, of worship, of opinion and of expression in
accordance with the respect for public order as established by the law and rules.”As
regards the freedom of the media, the provisions in article 24 state among other
things that “the freedom of the media is recognized and guaranteed by the State.
It is protected by the Broadcasting and Communications Authority within the
framework of the law establishing that body”.
It has to be noted that article 24 confers the guarantee and protection of the
freedom of the media to a “constitutionalized” body: he Broadcasting and
Communications Authority (HAAC) on the basis of articles 142 and 143. he
irst article of the law which established HAAC Law No. 92-021 of 21 August
1992 states without ambiguity that “Broadcasting is free. Everyone has a right to
information. No one should be prevented or prohibited from gaining access to sources of
information, or be worried in any way while pursuing his/her mission as a communicator
for as long as he/she meets the conditions stated in this law”.
Article 25 also makes provision for the right to demonstration as an integral part
of democratic expression.
he panelists are however of the opinion that the wording in article 23 of the
Constitution, especially the part which says “respect for public order” is in itself
restricting the freedom of expression. he notion of public order is not made very
clear by the law and the interpretation of the word “respect” or not respecting has
been left to the discretion of those in power, who themselves can infringe on the
freedom of expression. Note should be taken of the tendency of the legislator always
surrounding the freedom of expression through the promulgation of restrictive
laws, though it is guaranteed by the fundamental law and may even put it at risk.
Some laws such as decree No. 69-22 P.R. /MJL of 4 July 1969, seeking to “put

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AFRICAN MEDIA BAROMETER BENIN 2011

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