African Media Barometer TOGO 2017 Summary In Togo, legal texts and regulations guarantee and protect the freedom of the press, and freedom of expression generally. Article 19 of the Universal Declaration of Human Rights is even enshrined in Togo’s Constitution. An organic Law establishing the High Authority for Audio-visual and Communication (HAAC) and the Press and Communication Code, strengthen a legal environment that encourages freedom of expression and media freedom in particular. In 1916, a new law was passed by the Parliament, ruling on free access to information and public documentation. Citizens enjoy their right to freedom of expression but not always without fear, because there are sometimes negative consequences, as in cases where civil servants, who have been a little too bold, have been transferred to positions involving no responsibilities, even though the causal link is difficult to establish. It should be noted that it is not always the State that makes trouble. A case in point involves a journalist who was reportedly pursued by unknown assailants in a district of Lomé because of the opinions he had expressed. In Togo, press offences are not punishable by imprisonment. So some citizens who consider that the media have defamed them, feel that they should take justice into their own hands. Activists in political parties can also become violent when their leaders are attacked in the media. Lastly, there are also cultural limitations to the freedom of expression. As the Law has not made press offences punishable by imprisonment, the magistrate often sentences offenders to heavy financial penalties which, should they be applied, would force many media outlets to close down. The government regularly signs regional and international instruments on freedom of expression and media freedom. But the ratification of these texts is often very slow. For instance, Togo only ratified the Protocol on torture ten years after signing it. Togo ratified the African Charter on Human and Peoples’ Rights on November 05, 1982. In theory, a print publication requires no authorisation. A simple declaration suffices. But the organic Law instituting the HAAC provides that a formal confirmation must be obtained prior to publication. And as this procedure can take a long time, the formal confirmation becomes a de facto authorisation. 62 AFRICAN MEDIA BAROMETER TOGO 2017