1.12
Media legislation evolves from meaningful
consultations among state institutions, citizens
and interest groups.
The Media Act 2004-643 and the Broadcasting Act 2004-644 are the results of
a long process that commenced in 1992 at the onset of the “media springtime”
following the democratic transition in 1990. As soon as the 1991 Media Act,
considered liberticidal by journalists, entered into force, media stakeholders under
the leadership of UNJCI (National Union of Journalists in Ivory Coast) and their
partners embarked on a challenging fight to amend the said law.
From conflict to consultation, heavy sentences to reassuring gestures of
appeasement, the agenda of the journalists overlapped with the political
commitment of President Laurent Gbagbo who during his opposition years had
promised never to imprison a journalist for a violation of the Media Act. The
Ivorian Head of State however clarified the reason behind this commitment
during the opening ceremony of the RIARC 10th anniversary commemorations:
“... you do not imprison journalists. When one is sent to jail, one comes out a
hero. And I do not want to create heroes against me. I therefore do not imprison
journalists, or my political adversaries for that matter. I would like to share this
experience with other politicians in Africa and in the Third World”.
Despite the undisputable progress noted in the 2004 Act compared to that of
1991 regarding, among others, the liberalization of the broadcasting landscape,
the status of journalists, the status of media outlets, the regulation of the media,
UNJCI “has reservations on certain provisions contrary to the spirit of the draft
law. Particularly, with regard to the appointment of Executive Officers of state
media outlets through a call for nomination to be issued by regulatory bodies as
well as the status of the Director of Publications who should be a professional”.
Moreover, the improvement of the legal, regulatory and institutional framework
of the media is still given high priority in political agreements to settle the
Ivorian crisis (Linas Marcoussis Agreements, Pretoria Agreements, Ouagadougou
Agreements, etc...).

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