SECTOR 4

worst cases, journalists “in the pay of someone or some organisation” are paid
to attack citizens. However, says a panellist, “when a person is attacked, he/she
should at the very least be given the opportunity to defend himself/herself”.
Some members of the panel, however, urge that the press should not be castigated
indiscriminately. Regarding the number of lawsuits, one should not be misled
by the admittedly impressive number of hearings for the same case, due to the
numerous adjournments. For example, one of the panel members mentions his
own personal case, with a lawsuit that has been going on for three years and for
which he appears every time he is summonsed - giving the mistaken impression,
he says, that he has a season ticket or free pass to the palace of justice. Besides,
he adds, the publication for which he is accountable to the court has once again
been called to the witness box over articles for which a proper correction had
nevertheless been published.
Moreover, the apparent inflation of lawsuits against the press is because the
plaintiffs want to go to court, even when the journalist – acknowledging that he/
she has made a bona fide mistake – has granted them the right of reply or rectified
the erroneous information in accordance with the law and the rules of conduct. In
support of this argument, the panellist recalls the case, some years ago, between
the daily Walf Grand Place (since acquired by the journalists and now called Grand
Place) and an automobile dealership in Dakar. The newspaper had published the
information which elicited a complaint after waiting for ten days, in vain, for the
firm to respond to its request for a reaction. In another example, a land dispute in
Keur Massar,20 one of the parties had lodged a complaint against the newspaper
Le Quotidien, although the latter had treated the protagonists as equals, on the
one hand, and had published the documents that the complainant had produced
for its case, on the other.
It should be noted, according to this panellist, that the complainants are more
likely to sue for defamation than for the dissemination of false information. In
the first case, the publication must answer for complicity with the author of the
statements or allegations reported and run the risk of being convicted; in the
second, the journalist and the publisher of the media concerned are often able to
produce proof of the relevant information.

20 in the greater Dakar area

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