SECTOR 1

editorial line of public media or due to the fear of intelligence officers known to
be planted everywhere including in the bus.
According to paragraph 2 of article 23 of the Constitution, as well as articles 8
and 51 of the Law of 22 June 1996, the guarantee of freedom of expression and
the press is subject to reservations such as “the respect of the law, of public order
and public decency and rights of others”. The interpretation of these stipulations
is at the discretion of the authorities. This is the basis of the concern that the
guarantee of freedom of expression may – through interference by the authorities
– call into question the implementation of this freedom under the pretence of
public order, for example.
To this effect, given the vagueness that characterizes “offending the Head of
State”, which is punished under the Penal Code, any act can fall under this
charge. However, “restrictions” should “be imposed by the law” solely to “serve
a legitimate interest and be necessary in a democratic society” in virtue of Article
2 of the Declaration of Principles on Freedom of Expression of 2002 of the African
Commission of Human and Peoples’ Rights (ACHPR).

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:

1.9

1.3 There are no laws or parts of laws restricting freedom of expression such as excessive official secrets or
libel acts, or laws that unreasonably interfere with the
responsibilities of media.
Title 4 of the 1996 Law focusing on the punishment applicable for media offences
clearly indicates in article 73 that those responsible for media offences “are
punished in line with the Penal Code”.
At this stage, it is less the content of the above-cited title 4, than the restrictive
application with regards to freedom of expression. Thus “offending the head of

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AFRICAN MEDIA BAROMETER Democratic Republic of Congo

Select target paragraph3