SECTOR 1

In all, efforts have been made to legislate in favour of the protection of press
freedom. However, panelists expressed some fundamental reservations in this
regard. Firstly, even though article 98 of the law on press freedom (OL 002)
enshrines the elimination of libel as a press offence, it still imposes very heavy
fines on journalists.
Also, laws promulgated by the transitional government have not been published
in the Official Gazette, and thus it remains open to question how applicable or
legally binding they are.
Finally, the transitional provisions set out in article 58 of Law 003 bar the
HAC from starting its activities, pending the establishment of the National
Assembly expected only after the legislative elections scheduled for November
2011. Consequently, at the time of this panel meeting, the existing National
Communication Council (Conseil National de la Communication, CNC) set up
under the 1991 legislation was still in place and functioning.
Professional journalists, for the most part, apply the laws promulgated by the
transitional government, even though they have not been officially published. They
are considered to be fairly well written and respecting the international norms
of the profession. It was felt, therefore, that their non-publication in the Official
Gazette should not constitute an obstacle to their implementation.

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:

4.8 (2008 =n/a ; 2006 =n/a)

1.2
The right to freedom of expression is practised
and citizens, including journalists, are asserting their
rights without fear.
It cannot really be said that freedom of expression is practised by citizens without
fear. Many prefer self-censorship for fear that their views might, implicitly or

AFRICAN MEDIA BAROMETER GUINEA 2011

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