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 is guaranteed by the Ivorian Constitution. Articles 9 and 10 of the Constitution clearly state that: “freedom of thought and expression, notably the freedom of conscience, religious and philosophical opinion are guaranteed for all, subject to the respect of the law, the rights of others, national security and public order”. Article 10 rounds off with the freedom of every citizen to share his ideas. It stipulates: “everyone has the right to express and to distribute his ideas. Any propaganda with the aim or effect for one social group to prevail over another group, or to encourage racial or religious hatred, is prohibited.” One panellist said that the freedom of expression is sufficiently guaranteed on paper since even the preamble of the Constitution makes reference to it. This guarantee, as expressed by the panellists, is further confirmed by the dispositions of certain laws. For example, from it’s onset, law No. 2004-644 of 14 December 2004, which governs audio-visual communication, provides for the free exercise of audio-visual communication even though it sets out certain exceptions. According to the panellists, several laws contain pre-dispositions guaranteeing freedom of expression. These include the Constitution and the “twin” laws of 2004 – i.e. “the laws governing the press” and “audio-visual communication” – with related texts of the National Press Council (CNP) and the High Council for Audio-Visual Communication (HACA). In this theoretically favourable judicial environment, there appear to be some black spots considering, for example, that Article 68 of the law of 2004 makes reference to Articles 174 and 175 of the penal code. According to one panellist, these articles take back with the left hand that which the law gives with the right hand. Another, however, believed this reference does not necessarily limit the texts because even though Article 174 of the penal code prescribes prison sentences, this does not mean that freedom of expression is not guaranteed. 68 AFRICAN MEDIA BAROMETER Côte d’Ivoire 2016