The National Audiovisual Regulatory Board (CNRA) was set up with the adoption
of Law no. 2006-04 of 4 January 2006 without prior consultation with the media
and civil society players. A reading of the law reveals flaws: certain provisions
are contrary to international principles and standards relating to the freedom of
expression governing statutory and functional independence.
By virtue of its status as an independent administrative authority, the CNRA is
exempted from any subordination. In spite of various safeguards, including the
immunity and irrevocability of its members, the umbilical cord has not been
completely severed, for their appointment is made by Presidential Decree without
open public consultation. Moreover, there is no public control mechanism
with regard to the members of the CNRA; its report is not submitted to the
representatives of the nation, but to the President of the Republic.
The CNRA’s legitimacy is widely contested,1 in spite of the change in its
composition, which has included media professionals for some months. This is
largely due to the method by which its members are appointed.
Furthermore, the Law of 6 January 1992 has transformed the RTS into a national
enterprise endowed with management autonomy but with no true independence
from the government. Indeed, the method of appointment of its leaders as laid
down by the law provides the RST with no guarantee of independence from the
government and this is evident in its operation. State broadcasting services do
not have sufficient funding to protect them from arbitrary interference in their
budgets and operations. National television enjoys indirect funding in the form
of a small tax levied on electricity invoices, in addition to subsidies granted by the
State.
The procedures for allocating radio and television frequencies are not known. The
Agency for Telecommunications and Postal Regulation (ARTP) takes care of the
technical aspects, while the decision to allocate frequencies is the preserve of the
Ministry of Communications in consultation with the Presidency of the Republic.
Transparency in the allocation of audiovisual licences is a major challenge for
the sector. In addition to the matter of frequencies, that of media funding is a
cause for concern. Indeed, the structure of the capital of many media remains
unknown. This considerably limits the development of the sector and increases
the risk of political and other interference.
The media continue to work under multiple pressures, even though the political
environment has calmed down and improved. Although assaults have decreased
over the last few months, concerns persist owing to the failure to repeal certain
legal provisions pertaining to “l’injure” and “l’offense” – abuse and injury/insult/
contempt – of the head of state, which are still given considerable importance in
Senegalese legislation whereas they have now become obsolete and outdated. Le
1

Its members are all appointed by the President without public consultation.

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