SECTOR 1 Freedom of expression, including freedom of the media, is 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 members of the panel note from the outset that since the last barometer, in 2010, neither the Constitution nor the legislation governing or applying to the press have changed with regard to the provisions relating to the freedom of expression, the freedom of opinion and the freedom of the press. Those rights continue to feature prominently in the Senegalese Constitution, among the basic individual freedoms, economic and social rights as well as collective rights which the Republic of Senegal guarantees all its citizens.2 According to the Senegalese Constitution, “everyone has the right to express and disseminate his/her opinions freely through word, pen, image and peaceful demonstration, provided that the exercise of such right does not damage the honour and reputation of others, or undermine public order”.3 As the Constitution stipulates in Article 11, paragraph 2, the press regime is laid down by law, in this case Law no. 96-04 of 22 February 1996 relating to the media and to the professions of journalist and technician. The said law stipulates that “any natural or legal person may create, publish and own organs of social communication on condition that the majority of the journalists and media technicians who work there are of Senegalese nationality”. In the opinion of some panellists, the freedom of expression and press freedom are not guaranteed, but they are framed and indeed limited by laws such as the Penal Code, in Articles 80 and 255, in particular; by certain provisions of Law 2006-04 on the creation of the CNRA and by legislation on cyber crime. As a result, there is a discrepancy between the legislation and practical reality. That is the raison why media players now seek far-reaching legislative reforms. The new Press Code project follows from this rationale, but it “lies sleeping in a drawer somewhere,” lamented one panellist. 2 3 74 Article 8 of the Constitution. See: http://www.gouv.sn/-Constitution-du-Senegal-.html /http://www.jo.gouv.sn/ Article 8) ibid. AFRICAN MEDIA BAROMETER SENEGAL 2013