Freedom of expression, including
freedom of the media, are 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 media, is clearly protected by
the Constitution of Guinea which, in its preamble, proclaims its “adherence to the
ideals and principles, rights and duties established in the United Nations Charter,
in the Universal Declaration of Human Rights, the International Conventions
and Pacts bearing on Human Rights, the Constitutive Act of the African Union,
the African Charter on Human and Peoples’ Rights and its Additional Protocols
bearing on the Rights of Women, as well as the revised ECOWAS Treaty and its
Protocols on Democracy and Good Governance.”
In its article 7(4) the constitution stipulates that “press freedom shall be guaranteed
and protected. The creation of a press or media house for the dissemination of
political, economic, social, cultural, sporting, recreational or scientific information
shall be free.”
However, article 24 places certain restrictions on the exercise of freedom of
expression. Such restrictions must only be implemented to ensure “the maintenance
of public order and the defence of democracy”. This is a clear reference to article 2
of the Declaration of Principles on the Freedom of Expression in Africa2.
Panelists highlighted the explicit reference to the guarantee and protection of
press freedom in article 7 as a new provision in the Guinean Constitution.
During the transition period (2008-2010) the two main media laws that had
been in force since 1991 were revised and new laws promulgated, especially
Law 002, which grants press freedom3, and Law 003, which creates the High
Communication Authority (Haute Autorité de la Communication, HAC)4. The law
granting free access to public information was also adopted by the transitional
parliament and promulgated in November 2010.

2 “Any restrictions of freedom of expression shall be provided by law, serve a legitimate interest and be
necessary in a democratic society. ” [Article 2 (2)]
3 Law/2010/002/CNT of 22 June 2010
4 Law/2010/03/CNT of 22 June 2010

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AFRICAN MEDIA BAROMETER GUINEA 2011

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