SECTOR 1

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:

4.9 (2010:4.8; 2008:n/a; 2006:n/a)

1.6 Confidential sources of information are protected
by law and/or the courts.
The panel comments that the law theoretically protects information sources, in
particular through Article 35 of Law 96-04 of 22 February 1996: “the journalist
or media technician is bound by professional secrecy as provided for in Article
363 of the Penal Code. He/she may not divulge sources of information obtained
confidentially”.
But in reality this protection is circumvented by the judges via the charge of
concealment of an administrative document and by reversing the burden of
proof, particularly in defamation suits. In support of this argument, a panellist
cites the case of the lawsuit between the journalist Abdoulatif Coulibaly, then
publication manager of the investigative magazine La Gazette,5 and the former
special adviser to the President of the Republic in matters of information and
communications technology, Thierno Ousmane Sy, with regard to the sale of the
third mobile telephone licence to the Sudanese operator Sudatel, under the brand
name Expresso.

5

Appointed Minister in charge of good governance in the government of Prime Minister Abdoul Mbaye, http://www.
seneweb.com/news/Communique/video-voici-la-composition-du-gouvernement-du-29-octobre-2012_n_79987.
html / http://www.gouv.sn/-Le-Gouvernement-.html

AFRICAN MEDIA BAROMETER SENEGAL 2013

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