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.
Freedom of expression, including freedom of the press is guaranteed by the
Constitution and protected by law. The Constitution of the Democratic Republic
of Congo, adopted on 18 February 2006, formally guarantees the freedom of
expression and the freedom of the press, outlined in articles 23 and 24.
Paragraph 1 of Article sets out that “everybody has the right to freedom
of expression” before continuing in paragraph 2 that “this right includes the
freedom to express one’s opinions or convictions, notably verbally, in writing and
visually, subject to the respect for the law, public order and public decency.”
Paragraph 2 of Article 24 is dedicated to freedom of the press: “freedom of
the press, freedom of information and broadcasting via radio or television, print
media or all other means of communication are guaranteed, provided that public
order and decency and the rights of the other are respected.”
Article 8 of Law no. 96-002 of 22 June 1996, which establishes the modalities
of how freedom of the press should be exercised, specifies: “every individual has
the right to freedom of opinion and expression.” It adds and expands that: “by
freedom of opinion and expression, is meant the right to be informed, to have
one’s opinions, feelings and to communicate these unfettered, regardless of the
medium used, subject to the respect of the law, public order, the rights of others
and morality.” Article 51 of the same law, regarding audiovisual communication
is based on the same stipulations.

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AFRICAN MEDIA BAROMETER Democratic Republic of Congo

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