SECTOR 2

Scores:
Individual scores:
1

Country does not meet indicator

2

Country meets only a few aspects of indicator

3

Country meets some aspects of indicator

4

Country meets most aspects of indicator

5

Country meets all aspects of the indicator

Average score:

3.1 (2010:3.1; 2008:1.1; 2006:1.2)

2.4 Transparency of ownership of media houses in
print/broadcasting is guaranteed by law and enforced.
The members of the panel confirm that, in the interests of transparency, the
Senegalese legislator has prohibited all forms of concentration – be it horizontal
or vertical – or nominee in the media sector.
Law 96-04 leaves no room for doubt on the subject: “no natural or legal person
of Senegalese nationality may own or become a majority shareholder of more
than three organs of social communication. Natural or legal persons of foreign
nationality may own or be majority shareholders of only one organ of social
communication”.11
In addition, according to the conditions for the operation of private commercial
radio stations and associative radio stations, promoters are required to keep
permanently at the public’s disposal information such as the full names of natural
persons who are owners or co-owners, the company or business name of the
entity to which the authorisation to broadcast a radio programme was granted,
the location of the registered offices of the latter, the name of such entity’s legal
representative, the name of the director of the entity and of his/her associates,
etc.12
With regard in particular to the conditions for the operation of private commercial
radio stations, a series of articles refers expressly to the ban on the use of
nominees in the acquisition of share capital by the entity to which authorisation
to broadcast was granted; the insistence on registered shares only for the said
entity; the ban on any single person holding directly or indirectly all of the shares
or voting rights of the entity authorised to broadcast and, when there are persons
of foreign nationality among the shareholders, the ban on their holding more
than half of the shares or voting rights.
11 Article 4, Section 1 (Of ownership).
12 Article 6, Section 1 (Obligations with regard to control).

AFRICAN MEDIA BAROMETER SENEGAL 2013

89

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